Land law. Legal regime of lands of specially protected natural areas (most important)

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Land law. Legal regime of lands of specially protected natural areas (most important)

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77. LEGAL REGIME OF LAND OF SPECIALLY PROTECTED NATURAL TERRITORIES

К lands of specially protected natural areas include lands of state nature reserves, including biosphere reserves, state nature reserves, natural monuments, national parks, natural parks, dendrological parks, botanical gardens, territories of traditional nature management of indigenous peoples of the North, Siberia and the Far East, as well as lands of medical and recreational areas and resorts.

The lands of specially protected natural areas are classified as objects of national property and may be in federal ownership, in the ownership of subjects of the Russian Federation and in municipal ownership. In the cases stipulated by federal laws, it is allowed to include in the lands of specially protected natural territories land plots owned by citizens and legal entities on the basis of ownership.

Activities not related to preservation and study of natural complexes and not provided for by federal laws and laws of the constituent entities of the Russian Federation. Within the boundaries of such lands, a change in the intended purpose of land plots or the termination of rights to land for needs that contradict their intended purpose is not allowed.

On specially allocated land plots of partial economic use as part of the lands of specially protected natural areas, it is allowed to restrict economic and recreational activities.

The lands of state reserves, national parks are in federal ownership and are provided to them on the basis of the right of permanent (perpetual) use. Plots within the boundaries of state reserves and national parks are not subject to privatization. In some cases, the presence within the boundaries of national parks of land plots of other users (owners) whose activities do not have a negative impact on the land is allowed.

On the lands of specially protected natural areas of federal significance, it is prohibited:

▪ provision of gardening and summer cottage plots;

▪ construction of federal highways, pipelines and other communications, as well as construction and operation of facilities not related to the functioning of specially protected natural areas;

▪ movement and parking of mechanical vehicles not related to the functioning of specially protected natural areas, driving livestock off roads;

▪ other types of activities prohibited by federal laws.

Territories of natural parks are located on lands granted to them for permanent (perpetual) use; it is allowed to place natural parks on the lands of other users, owners.

The declaration of lands as a state natural reserve is allowed both with and without withdrawal of land plots.

Land plots occupied by natural complexes and objects declared natural monuments may be withdrawn.

Author: Medentsov A.S.

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