One of the most important human rights thatare established by Article 42 of the Constitution of the Russian Federation, is the right to ensure a favorable environment. However, in the process of expanding the scope of economic activities, as well as in connection with the continuous intensification of industry, an increasingly negative impact on the integrity of natural ecological systems is beginning to result, which leads to a deterioration of the ecological situation in the state, as well as the depletion of natural resources.
Recently in Russia it is strong enoughThe privatization of land has intensified, and more and more sites are being involved in civil circulation. For this reason, private investors began to be interested in the possibility of privatizing the lands of specially protected territories and objects.
It is worth noting that it was not always possibleTo buy such land, because for this there were fairly strict requirements of the legislation. In this regard, the market at the moment there is a misconception that the land of specially protected areas and objects, in principle, it is impossible to acquire private owners, although this is actually not the case.
Features of the legal possibility of buying suchsites are due to the fact that at the moment there are certain restrictions in their turnover. Due to certain subtleties of the current legislation, at the moment there is no possibility to deny the ownership of various plots of land, to which the lands of specially protected territories and objects also belong, because they are in municipal or state ownership. However, in accordance with the Land Code, the plots that are classified as restricted in circulation can not be granted to anyone in private ownership, and exceptions to this rule apply only to cases specified in federal legislation.
Enough exhaustive list of sites,classified as limited turnover, is established by paragraphs of the current Land Code. In accordance with these norms, as such are meant the plots occupied by all kinds of national parks or nature reserves, which are federal property, and in principle it is impossible to acquire them. Limited turnover refers to sites within the PAs, but not specified in the Land Code.
The lands of specially protected territories and objects are considered to be completely independent category, which is established by the current article of the LC RF.
In accordance with Article 94 of the RF Land Code,to treat the land seized, in connection with the decisions of the authorized federal bodies, as well as due to the decision of the authorities of certain subjects of the Russian Federation. Also they can make and self-government. This list includes those lands that were partially withdrawn from economic circulation or for which a special legal regime is established.
Lands of specially protected territories and objects are resorts and areas of the following destination:
It also includes any particularly valuable areas, which are specified by the Land Code and various federal laws.
Lands of specially protected territories and objectscan refer to this category and type, in accordance with the materials of the cadastral case, which are stored in the FCS for a specific subject. The legal regime of a particular plot is affected by the category of a particular type of land, as well as the separate type of permitted use specified in the State Cadastre. Thus, the corresponding type of operation allowed for the plots affects the possibility of its privatization from state property.
Legal analysis of the current Land Codemakes it possible to say that the only five of the existing species, which include the lands of specially protected territories and objects, are areas that are limited in turnover. And in particular, we are talking about PAs. Other species do not have any restrictions in this, so if desired, they can be privatized in the established order.
Practical experience of most expertstestifies that more interest from private buyers is caused by recreational areas, which also include lands of specially protected territories and objects. The thesis does not need to contain this information, but for the majority of those interested it can be quite interesting.
Due to the peculiarities of the current legislation, this category includes the following areas:
It should be noted that the norms of the currentthe legislation does not mention specific prohibitions on the privatization of such areas, although they also relate to the lands of specially protected territories and facilities. The thesis of many students studying this issue, by the way, includes this clarification, but it will be interesting for most potential buyers.
In addition, it is worth noting that manystudents, analyzing the legal norms on the reservation of land as one of the stages of the formation of specially protected natural areas, found serious problems in the legislation, which indicates the need to develop a new draft law or some other legal act regulating the reservation of land and other natural objects on those The lands that are planned to create especially protected natural areas.
Given the meaning of these norms, we can say thatThe choice between a complete redemption of a certain site or the acquisition of the right to lease it is based only on the individual will of the particular owner of the property.
Local governments have no rightto create any obstacles for the applicant in realizing the rights granted him by the current legislation, if they have any buildings owned by a private person, including the lands of specially protected areas and objects. The legal regime indicates the possibility of privatization of recreational areas by those people who have any structures on them.
It often happens that authorized bodiesan unjustified refusal is made to the applicants for their legitimate possibility of privatizing various sites located on recreational lands, considering that they also include the legal regime of natural areas provided with special protection. At the same time, it is necessary to understand correctly that in themselves such territories differ from medical areas and all kinds of resorts.
But in accordance with the provisions in forceThe Land Code, the territory of health resorts and health resorts are classified as specially protected, as they are intended for recreation and treatment of various categories of citizens. In particular, in such areas are sites that have natural healing resources, used at the moment or in the future for the treatment or prevention of various diseases. It is for this reason that they are limited in turnover, and also have a more stringent legal regulation regime than recreational ones.
There is a certain order of howanother site can be entered into the lands of specially protected territories and objects. What can be built on such a square, directly depends on what specific status was assigned to it. But at the same time, the body that manages the disposal of public lands does not have the right to arbitrarily determine such status, and it is carried out only through the adoption of an appropriate normative act on the part of state authorities or local self-government. This means that if such acts were not adopted in relation to a certain territory, it can be attributed only to the recreational area, and no restrictions on turnover will be imposed on it.
Lease of lands of specially protected areas andobjects, in the form of PAs, can not be carried out from the moment that their borders are designated and the position of the relevant body will be made, depending on the type of the species they belong to. It should be noted that if the boundaries of the site you requested were not approved in the form of a specially protected area, and there is no corresponding act that it belongs to a specially protected category, then you can not be denied the right to privatize it, only because on it there is a certain PA. This legal position is fully supported by the current practice of the RF Supreme Arbitration Court. In the process of litigation, a certain authorized body must collect evidence that a particular land plot was legally assigned to the territorial category in question.
In addition, if earlier, in accordance withland management documentation and various title documents, land plots could belong to a different category of land, then any changes in their category to specially protected ones can be carried out only if this occurs in accordance with the provisions of the current legislation.
In the event that you received an unreasonablethe refusal of the authorized body to attempt to acquire lands of specially protected areas / facilities, their sale, of course, can not be carried out. But this decision can be challenged through a lawsuit.
It is worth noting that in the event of a court appeal,it is extremely important to observe all the subtleties of the various procedural moments that may influence the challenging of the refusal or the inaction of the authorized body in the management of public lands.
A person whose property includes objects,located in the lands of specially protected areas, must submit an application to the authorized body on the order and at the same time attach to it a certain list of documents established by the current legislation. It is best to familiarize yourself in advance with the specifics of the documentation in your particular case, since in the absence of even one particular paper, this can be perceived as a sufficient legal basis for refusing to provide this site on the most formal grounds - a shortage of securities.
In this case it is senseless to challengea rejected refusal, or it is better just to collect the missing documentation, and again try to privatize the lands of specially protected areas. The RF object will not be otherwise given to you, since the court will consider this dispute very quickly, having recognized the refusal of the body to be fully justified and legal for formal reasons.
If you submitted a full set of necessarydocuments, within a month from the date of receipt of the application by the authorized body, a decision is taken to provide for your use the site in rent or on the right of ownership, depending on what type of right you have chosen to specify in the application. At the end of a month from the date of adoption of this decision, the relevant body should prepare a draft contract for the acquisition or lease of a certain site, and then provide it to the applicant, submitting an offer to draw up a relevant agreement under which it will use the lands of specially protected areas / facilities .
If the decision was not taken within the specified period,or the refusal to provide the site was sent, then in such case the applicant has three months to appeal against inaction or unlawful actions, in his opinion, on the part of the authorized body. Such applications must be submitted to the district or arbitration court.
Particular attention should be paid to the fact thatthe civil and arbitration procedural legislation of the Russian Federation provides for a limited period of time in which it is possible to appeal the actions of the authorities - this is 90 days after a certain organization or citizen has been informed that their rights and freedoms have been violated. In the event that the deadline for submission of the necessary appeals documents was not observed, the court has the right to completely refuse to review the case and will not even assess the merits of the decision made by the body.
Given the established jurisprudence, if youthe composition of the lands of specially protected areas / facilities is of interest, but the authorized bodies have refused, when applying to the court it is best to concentrate on two basic requirements:
Summarizing the above information, it is worth highlighting several key points for those who are interested in the lands of specially protected natural areas / sites:
Considering all this, you will be able to properly interact with the lands potentially located or already ranked in specially protected areas and objects.
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