The concept and composition of the category of land in specially protected areas and facilities

One of the most important human rights, which are 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 activation 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, privatization of land has become more active in Russia , 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 possible to buy such land, because for this there were quite strict requirements of the legislation. In this regard, the market at the moment there is a misconception that the lands of specially protected areas and objects, in principle, it is impossible to acquire private owners, although this is actually not the case.

List of sites related to limited turnover

Features of the legal possibility of buying such sites 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 refuse to grant ownership to various persons of land plots, which include lands of specially protected territories and objects, since they are in municipal or state ownership. Moreover, in accordance with the Land Code, the plots that are classified as restricted in circulation can not be granted to anyone in private property, and exceptions to this rule apply only to cases specified in federal legislation.

A fairly exhaustive list of sites classified as restricted turnover is established by the paragraphs of the current Land Code. According to 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, the SPAs may include lands that were confiscated 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.

What is it?

Lands of specially protected territories and objects are resorts and areas of the following destination:

• Treatment and health;
• Recreational;
• Environmental protection;
• Historical and cultural.

It also includes any particularly valuable areas, which are specified by the Land Code and various federal laws.

Cadastral significance

The lands of specially protected areas and facilities can be referred to this category and type, in accordance with the cadastral case materials that are stored in the FCS for a particular subject. The legal regime of a particular plot is influenced by the category of a particular type of land, and also by 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.

A legal analysis of the current Land Code makes it possible to say that the only five of the existing species, which include the lands of specially protected areas and facilities, are areas that are limited in turnover. And in particular, we are talking about PAs. The other species do not have any restrictions in this, so if they wish, they can be privatized in the established order.

Recreational areas

Practical experience of the majority of experts testifies 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:

• Intended and used in the organization of tourism;
• recreation;
• Sports or physical culture and health activities of citizens;
• Sites on which tourist parks are located;
• Station;
• Houses of hunters and fishermen;
• Tourist health camps;
• Base;
• Sports facilities, as well as many other similar territories.

It should be noted that the norms of the current legislation do not mark specific prohibitions on the privatization of such areas, although they also relate to the lands of specially protected territories and objects. The thesis of many students studying this issue, by the way, includes this refinement, but it will be interesting for most potential buyers.

In addition, it should be noted that many students, 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 Reservation of lands and other natural objects in those lands that are planned for the creation of specially protected natural areas.

What can be done with them?

Given the meaning of these norms, we can say that the choice between the full repayment 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.

The local self-government bodies have no right to create any obstacles for the applicant to realize the rights granted to him by the current legislation, if they have any buildings owned by a private person, including the lands of specially protected territories and objects. The legal regime indicates the possibility of privatization of recreational areas by those people who have any structures on them.

How to assign a status

It often happens that the authorized bodies issue an unjustified refusal 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 territories provided with special protection. At the same time, one must correctly understand that such territories in themselves differ from medical areas and all kinds of resorts.

But in accordance with the current provisions of the Land Code, the territory of resorts and health-improving areas are classified as specially protected, as they are intended for recreation and treatment of various categories of citizens. In particular, in such areas there are sites that have natural curative resources that are currently or in the long term used to treat or prevent 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 how this or that site can be entered into the lands of specially protected territories and objects. What can be built on such a square depends directly on the specific status it was assigned to. But at the same time, the body dealing with the disposal of public lands does not have the right to arbitrarily determine such status, and it is carried out only by adopting 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 and facilities, 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 have not been 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 confirmed by the current practice of the RF Supreme Arbitration Court. In the course 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 in the past, in accordance with land management documentation and various legal 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 .

How to appeal?

In the event that you received an unreasonable refusal by the authorized body to attempt to purchase 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 case of going to court, 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 terms of disposing of public lands.

What is needed for this

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 for the most formal feature - a shortage of securities.

In this case, it is pointless to challenge the refusal, and it is better to just collect the missing documentation, and again try to privatize the lands of specially protected areas. The RF object will not be otherwise provided to you, since the court will consider this dispute as quickly as possible, recognizing the refusal of the body to be fully justified and legal for formal reasons.

If you submitted a full set of required documents, within a month from the date of receipt of the application by the authorized body, a decision is made to provide for your use the site in rent or on the right of ownership, depending on what type of right you have decided to specify in the application . At the expiration 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 if 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.

Term of Appeal

Special attention should be paid to the fact that the 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 received the news that their rights and freedoms were violated. In the event that the deadline for submission of the necessary documents on appeal was not met, 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.

Taking into account the established jurisprudence, if you are interested in the composition of the lands of specially protected areas / facilities, but the authorized bodies have made a refusal, when applying to a court it is best to concentrate on two basic requirements:

• Recognize inaction or refusal of executive bodies to be illegal;
• Oblige the relevant structure to prepare and forward to your address a draft contract for the purchase / sale of a certain site within a specified period.

Results

Summarizing the above information, it is worth highlighting a few key points for those who are interested in the lands of specially protected natural areas / sites:

1. Of the composition of all lands, limited in circulation and can not be privatized only those areas that are classified as specially protected. The other four species specified in Article 94 of the RF LC, including also various recreational areas, have no restrictions on turnover, and therefore they can be privatized. Lands of specially protected territories and objects in the ownership of private persons are not transferred.
2. There is a specialized procedure for how the status of PAs is assigned, in accordance with the current legislation. If this order was not observed, this indicates that the protected areas have not been developed. The burden of proving that a particular PA has been properly registered is already on the body that is in charge of disposing of public lands.
3. If you are interested in a certain category of land - specially protected areas / objects, but was refused, and you are going to challenge it, then in this case it is extremely important to fully observe the various procedural moments. In particular, you must submit to the agency together with the application the full package of documents established by the relevant Order of the Ministry of Economic Development.
4. Various acts or omissions in terms of granting ownership of a certain land plot, if necessary, can be appealed in court within three months after the violation was recorded. When applying to the courts it is extremely important to correctly formulate your demands so that the future decision can be executed, and at the same time it allows you to quickly achieve the necessary economic result.

Given all this, you will be able to properly interact with the lands potentially located or already ranked in specially protected areas and objects.