The concept and composition of the category of lands of specially protected territories and objects

One of the most important human rights, which are established by article 42 of the Constitution, is the right to maintenance of a favourable environment. However, in the process of expanding economic activity, and in connection with ongoing revitalization of the industry, starting to be an increasingly negative impact on the integrity of natural ecological systems, leading to environmental degradation in the state, and the depletion of natural resources.

In recent years, in Russia quite strongly intensified the privatization of land, and more sites involved in the civil turnover. For this reason, private investors were interested in the possibility to privatize lands of specially protected territories and objects.

It is Worth noting that not always it was possible to buy such land, since it had pretty stringent requirements. In this regard, on the market at the moment, there is a misconception that the lands of specially protected territories and objects, in principle, impossible to acquire private property owners, although it's actually not.

List of sites relating to restricted circulation

Features of the legal possibility of buying such sites is related to the fact that at the moment there are certain restrictions in their circulation. Due to certain intricacies of the law, at the moment there is no possibility to refuse the property of various individuals areas, which include lands of specially protected territories and objects, because they are in municipal or state ownership. In accordance with the Land code, land plots which belong to limited in circulation, can not be granted to anyone in private property, exceptions to this rule apply only to cases determined by Federal law.

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Quite a comprehensive list of sites, related to restricted circulation, is established by the points of the current Land code. In accordance with these rules, as such, refers to land occupied various national parks or nature reserves, which are Federal property, and to buy them, in principle, impossible. Limited turnover refers to plots located within protected areas, but it is not specified in the Land code.

The grounds of especially protected territories and objects added to a completely separate category, which is the current article of the land code of the Russian Federation.

In accordance with article 94 of the land code of the Russian Federation, protected areas may include lands withdrawn in connection with regulations made by the relevant Federal agencies, as well as the decision of the authorities of the RF subjects. They can also carry and governments. This list includes those lands that have been partially withdrawn from economic turnover or which establishes a special legal regime.

What is this?

The grounds of especially protected territories and objects – the resorts and the area next naznacenija:

• LECHEBNO-ozdorovitelnoj;
• Rekreatsionnogo;
• Prirodookhrannoe;
• Istoriko-kulturnogo.

It Also includes any particularly valuable areas, which are specified by the Land code and various Federal laws.

Cadastre significance

The grounds of especially protected territories and objects can belong to this category, and in accordance with the materials of the cadastral case, which is stored in FCBU on a particular subject. On the legal regime of a land impact category specific view of the earth, and a separate type of permitted use indicated in the State cadastre. Thus corresponding plots allowed operation affects the possibility of privatization of the state property.

A Legal analysis of the current Land code gives possibility to say that only one of the five extant species, which include the lands of specially protected territories and objects – that are limited in circulation. In particular, we are talking about PAS. Other types do not have any restrictions in this, so if you want they can be privatized in the prescribed manner.

Recreational activities

The Practical experience of the most experts suggests that greater interest from private buyers cause square recreational purposes, which also include the lands of specially protected territories and objects. The dissertation need not necessarily contain this information, but for most people interested in it can be quite interesting.

Because of the peculiarities of the current legislation, this category includes the following sections:

• Designed and used in the organization of tourism;
• Rest;
• Sports or recreational physical activities of the citizens;
• Plots, which are located tourist parks;
• Station;
• House hunters and fishermen;
• Travel healthcamp;
• Base;
• Sports facilities, as well as many other similar areas.

It should be noted that current legislation does not note specific prohibitions on the privatization of such areas, although they also relate the grounds of especially protected territories and objects. The dissertation many students, explores this question, by the way, includes this clarification, but it will be of interest to most potential buyers.

In Addition, it is worth noting that many of the students, reviewing the legal provisions on reservation of land as one of the stages of the formation of especially protected natural territories, found serious problems in legislation, suggesting the need of developing a new draft law or any other legal act regulating the reservation of land and other natural objects on those lands that are planned for creation of especially protected natural territories.

What you can do with them

Given the meaning of these norms, we can say that the choice between full redemption of a certain area or obtaining his rent is based only on the individual will of the particular owner of the property.

Local governments have no right to create any obstacles for the applicant in implementing the rights granted to it by applicable law, if they can find some buildings owned by private individuals, including land of specially protected territories and objects. The legal regime indicates the possibility of privatization of the areas recreational purpose those people who have on them any buildings.

How you assign status

It Often happens that the competent authorities imposed an unreasonable failure by applicants in their legal possibilities of privatization of different sites located on the lands of recreational purpose, considering that it also includes the legal regime of natural areas, provide special protection. Thus it is necessary to understand correctly, that by themselves, these areas differ from therapeutic areas and various resorts.

But in accordance with the applicable provisions of the Land code, the territory of resorts and therapeutic areas are especially protected, as are intended for recreation and treatment of various categories of citizens. In particular, these areas are the areas with natural curative resources are used at the moment or in the future for the treatment or prevention of various diseases. For this reason, they are limited in circulation, and are more rigid legal regime of regulation than recreational.

There is a certain order of how a particular area can add to the lands of specifically protected territories and objects. It is possible to build in this area, directly depends on what the status was assigned. But the authority in charge of disposal of public lands, no arbitrary definition of such status, and it is carried out only by statutory enactment on the part of public authorities or local self-government. So, if in relation to a particular territory such acts were not accepted, it can be attributed only to the area of recreational purpose, and it will not overlap any restrictions on circulation.

Rental of lands of specially protected territories and objects, in the form of protected areas may not be exercised since, as indicated by their boundaries and be given a position of relevant authority, depending on which specific type they are. It should be noted that if the borders of your requested site was not approved in the form of a protected area and there is no relevant act that he belongs to a protected category, you can't deny the right to privatize it, just because it is a protected area. Such legal position is fully confirmed by the current practice of the SAC. In the process of litigation a certain authority must gather evidence that a specific plot was in the legally prescribed manner is related to the territorial category.

In Addition, if earlier, in accordance with the land management documentation and the various title documents, the land plots could be attributable to other categories of land, then any changes in their categories on specially protected can only be carried out if it is in accordance with the provisions of applicable law.

How do I appeal?

In the case if you have received an unreasonable refusal by the authorized body regarding the attempt to acquire lands of specifically protected territories/objects, selling them is, of course, cannot be done. However, this decision can be challenged through a lawsuit.

It is Worth noting that in the case of appeal to the court, it is important to follow all the subtleties of the various procedural points which may affect the challenge made of the refusal or omission of the authorized body in the management of public lands.

What it needs

A Person in property which is located in specially protected territories, must provide a statement to the authorised body by order and attach a list of certain documents required by the applicable laws. It is best to get acquainted with the peculiarities of the documentation in your specific case, since even in the absence of any one particular paper, it may be perceived as a sufficient legal basis for denial of the section according to the formal grounds – a shortage of securities.

In this case, it is pointless to challenge the refusal, but rather simply to collect the missing documentation and try again to privatize the lands of specifically protected territories. The object of the Russian Federation on-to another you will not be granted, as the court will consider this argument very quickly, recognizing the failure on well-founded and legitimate on formal grounds.

If you have submitted a complete set of necessary documents, during the month of receipt of the application the competent authority decides to grant you the use of the land lease or the right of ownership, depending on exactly what rights you specify in the statement. After a month from the date of this decision, the authority needs to spend preparing the draft contract of acquisition or rental of a certain area, and then provides it to the applicant, in making the proposal to draw up a contract in which they will be implemented by the use of specially protected territories or objects.

If the specified period has not been decided, or were directed denial phase, then the applicant has three months to appeal the inaction or misconduct, in his opinion, actions of the authorized body. Such statements must be submitted to the district or the court of arbitration.

Appeal Period

Special attention should be paid to the fact that the civil and arbitration procedural legislation of the Russian Federation provides for some limited period of time in which to appeal against the actions of the authorities – 90 days after a certain organization or a citizen received the message, a violation of their rights and freedoms. In that case, if you have not complied with the terms of the submission of the necessary documents for appeal, the court has the right to refuse reconsideration of the case and will not even evaluate the merits rendered by the authority.

Given the current judicial practice, if you are interested in the composition of lands of specially protected territories/objects, but the competent authorities issued a denial, while the appeal to the court it is best to concentrate on two main requirements:

• To recognize the failure or refusal of the Executive bodies illegal;
• To bind a corresponding structure to prepare and send to you a draft agreement on purchase/sale of a certain portion of the prescribed period.

Results

Summing up the foregoing information, it is necessary to highlight a few key points for those interested in the land of specially protected natural areas/objects:

1. From the list of lands limited in circulation and can't be privatised only those areas which are especially protected. The other four species referred to in article 94 of the land code of the Russian Federation, including also the various area recreational purpose, do not have any restrictions in circulation, and therefore can be privatized. Land of specially protected territories and objects in property of individuals transferred.
2. There is a specialized order, as given the status of protected areas, in accordance with applicable law. If the specified order was not observed, this suggests that protected areas have not been mastered. The burden of proving that their status was correctly registered, is already on the body, which deals with the disposal of public lands.
3. If you are interested in a certain category of lands of specially protected territories/objects, but was pronounced a failure, and you are going to challenge it, in this case, it is important to comply with various procedural points. In particular, you must provide to the authority together with the application a full set of documents determined by the relevant Order of the Ministry of economic development.
4. Different actions or omissions in the provision of property in certain land, if necessary, can be appealed in court within three months after it was recorded infringement. Turning to the judiciary is extremely important to formulate the requirements to the future the decision could be executed, and while it allowed you to quickly achieve the desired economic result.

Given all this, you will be able to interact with the land, which is or potentially is listed as specially protected territories and objects.