PROBLEMS OF DEFINING A LEGAL STATUS OF URBAN FORESTS IN RUSSIA

The paper considers norms of the Russian legislation on urban forests. The main problems of the legal regulation of urban forests within the Russian Federation have been identified and analyzed. The author pays special attention to the absence of a definition of the "urban forests" concept and the criteria for referring forest plantations to urban forests that make it possible to delineate urban forests from other plantations within the settlements, including forest parks. The author points to the fact that there is no criteria for power delineation to protect and use urban forests as well as a clear functional structure of urban forest management at the level of the subjects of the Russian Federation. There is also legal uncertainty about referring forest located in settlements that are not cities to forests. All these gaps in the Russian legislation cause certain difficulties in law enforcement practice. Based on the analysis, the author suggests ways of managing urban forests in the current socio-economic situation in Russia. First of all, it is necessary to introduce a number of clarifications at the legislative level: to regulate the legal regime for using urban forests established for forest park areas in accordance with the requirements of the Russian Federation Code, to establish the norm which will oblige local authorities while preparing and approving the documents concerning territorial planning, to include land plots on which urban forests are located, into recreational areas or zones of specially protected areas. The author believes that these changes in the forest legislation will help to develop and preserve urban forests as a reliable environmental and legal guarantee for the constitutional right of citizens to have a favorable environment.