One of the most important human rights that 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 activity, as well as in connection with the constant activation of industry, an increasingly negative impact on the integrity of natural ecological systems begins, which leads to a deterioration of the environmental situation in the state, as well as depletion of natural resources.
Recently, the privatization of land has intensified quite a lot in Russia, and more and more sites are involved in civilian traffic. For this reason, private investors began to become interested in the possibility of privatizing the lands of specially protected territories and objects.
It is worth noting that it was far from always possible to buy such land, since there were quite strict legislative requirements for this. In this regard, there is currently a misconception on the market that the land of specially protected territories and objects, in principle, cannot be acquired by private owners, although this is actually not so.
List of sites related to limited circulation
Features of the legal possibility of buying such sites are due to the fact that at the moment there are certain restrictions on their circulation. Due to certain subtleties of the current legislation, at the moment there is no way to refuse to grant ownership of plots to various persons, which include the lands of specially protected territories and objects, because they are in municipal or state ownership. Moreover, in accordance with the Land Code, land plots that are restricted in circulation cannot be granted to anyone in private ownership, and exceptions to this rule apply only to cases predetermined by federal law.
A sufficiently exhaustive list of plots classified as limited in turnover is established by clauses of the current Land Code. In accordance with these norms, such are meant plots occupied by various national parks or nature reserves that are federal property, and it is impossible, in principle, to acquire them. Limited turnover refers to areas within the protected areas, but not specified in the Land Code.
The lands of specially protected territories and objects are assigned to a completely independent category, which is established by the current article of the RF LC.
In accordance with article 94 of the RF Labor Code, protected areas may include lands seized in connection with the decisions of authorized federal bodies, as well as due to the decision of the authorities of certain constituent entities of the Russian Federation. They can also be submitted by self-government bodies. This list includes those lands that have been partially withdrawn from economic turnover 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 purpose:
- health-improving;
- recreational;
- environmental;
- historical and cultural.
Also included here are any particularly valuable territories that are indicated by the Land Code and various federal laws.
Cadastral Importance
The lands of specially protected territories and objects may belong to this category and type, in accordance with the cadastral records , which are stored in the Federal State Budgetary Institution for a specific subject. The legal regime of a particular site is influenced by the category of a particular type of land, as well as the particular type of permitted use specified in the State Cadastre. Thus, the corresponding type of permitted exploitation of the plots affects the possibility of its privatization from state ownership.
Legal analysis of the current Land Code makes it possible to say that the only of the five existing species, which include lands of specially protected territories and objects, are areas with limited circulation. And in particular, we are talking about protected areas. The remaining species do not have any restrictions in this, therefore, if desired, they can be privatized in the prescribed manner.
Recreational Territories
The practical experience of most experts indicates that private buyers are more interested in recreational areas, which also include lands of specially protected territories and objects. A dissertation does not have to contain this information, but for most interested people it can be quite interesting.
Due to the peculiarities of the current legislation, the following sections fall into this category:
- intended and used in the organization of tourism;
- recreation;
- sports or fitness 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 is worth noting that the current legislation does not indicate specific prohibitions on the privatization of such areas, although the lands of specially protected territories and objects are also relevant to them. The thesis of many students researching this issue, by the way, includes this clarification, but it will be interesting for most potential buyers.
In addition, it is worth noting that many students, analyzing legal norms on land reservation as one of the stages in the formation of specially protected natural territories, 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 on those lands that are planned to create specially protected natural territories.
What can be done with them
Given the meaning of these rules, we can say that the choice between the full redemption of a particular plot or obtaining the right to lease it is based only on the individual will of the particular property owner.
Local self-government bodies are not entitled to create any obstacles for the applicant in the exercise of the rights granted to him by the current legislation, if they contain any buildings owned by a private person, including the lands of specially protected territories and objects. The legal regime indicates the possibility of privatizing recreational areas by those people who have any buildings on them.
How status is assigned
It often happens that the authorized bodies make an unreasonable refusal to the applicants of their legal 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 in themselves such territories differ from medical areas and all kinds of resorts.
But in accordance with the current provisions of the Land Code, the territories of resorts and health-improving areas are specially protected, as they are intended for recreation and treatment of various categories of citizens. In particular, in such areas there are areas that have natural healing resources that are currently or in the future used for the treatment or prevention of various diseases. It is for this reason that they are limited in circulation, and also differ in the more stringent legal regime of regulation in comparison with recreational ones.
There is a certain procedure for how this or that site can be brought into the lands of specially protected territories and objects. What can be built on such an area directly depends on what specific status was assigned to it. But at the same time, the body dealing with the disposal of public lands does not have the right to arbitrarily determine such a status, and it is carried out only by adopting the relevant regulatory act by state authorities or local self-government. This means that if such acts were not adopted with respect to a certain territory, it can be attributed only to the area of recreational purpose, and no restrictions on circulation will be imposed on it.
Leasing of lands of specially protected territories and objects, in the form of protected areas, cannot be carried out from the moment their boundaries are designated and the provision is made by the relevant authority, depending on what specific type they relate to. It is worth noting that if the boundaries of the site you requested have not been approved in the form of a specially protected territory, and there is no corresponding act that it belongs to a specially protected category, then you cannot be denied the right to privatize it, just because it a specific protected area is located. This legal position is fully confirmed by the current practice of the Supreme Arbitration Court of the Russian Federation. In the course of legal proceedings, a certain authorized body must gather evidence that a specific land plot was legally assigned to the mentioned territorial category.
In addition, if earlier, in accordance with land management documentation and various title documents, land plots could belong to another category of land, then any changes to their category of specially protected can be carried out only if this happens in accordance with the provisions of the current legislation .
How to appeal?
In the event that you received an unreasonable refusal from the authorized body regarding an attempt to acquire the lands of specially protected territories / objects, their sale, of course, cannot be carried out. But at the same time, 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 various procedural aspects that may affect the challenge of the refusal or the inaction of the authorized body in terms of disposing of public lands.
What is needed for this
A person who owns objects located in the lands of specially protected territories must submit an application to the authorized body by order and at the same time attach to it a certain list of documents established by applicable law. It is best to familiarize yourself with the features of the documentation in your particular case in advance, since in the absence of even one specific paper, this may be perceived as a sufficient legal basis for refusing to provide this site on the most formal basis - a shortage of papers.
In this case, it makes no sense to challenge the refusal made, but it is better to simply collect the missing documentation, and again try to privatize the lands of specially protected territories. The object of the Russian Federation will not be provided to you in any other way, since the court will consider this dispute as quickly as possible, having recognized the organ’s refusal as completely justified and legal on formal grounds.
If you have submitted a full set of necessary documents, then within a month from the date of receipt of the application by the authorized body, a decision is made to provide you with a land for rent or on the right of ownership, depending on what specific type of right you decide to indicate in the application . After a month from the date of adoption of this decision, the relevant authority should prepare a draft contract for the acquisition or lease of a certain area, and then submit it to the applicant, making a proposal to draw up an appropriate agreement under which he will use the lands of specially protected territories / objects .
If, however, no decision was made within the indicated period, or the site was refused, then the applicant has three months to appeal against inaction or unlawful, in his opinion, actions by the authorized body. Such applications must be filed with a 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 somewhat limited period in which you can appeal against 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 deadlines for submitting the necessary documents of appeal have not been met, the court has the right to completely refuse to review the case and will not even assess on the merits the grounds for the decision made by the body.
Given the prevailing judicial practice, if you are interested in the composition of the lands of specially protected territories / objects, but the authorized bodies have refused, when applying to the court it is best to concentrate on two basic requirements:
- recognize inaction or refusal of executive bodies illegal;
- oblige the appropriate structure to prepare and send to your address a draft contract for the purchase / sale of a certain plot within the prescribed time.
Summary
Summing up the information presented, it is worth highlighting several key points for those who are interested in the lands of specially protected natural territories / objects:
- Of the composition of all lands, limited in circulation and cannot be privatized only those areas that are specially protected. The remaining four species specified in article 94 of the RF Labor Code, including also various recreational areas, have no restrictions on circulation, and therefore they can be privatized. Lands of specially protected territories and objects are not transferred to the ownership of private individuals.
- There is a specialized procedure for how the status of protected areas is assigned in accordance with applicable law. If the specified procedure was not followed, this indicates that the protected areas have not been developed. The burden of proof that a particular protected area has been registered appropriately already lies with the authority that administers public lands.
- If you are interested in a certain category of lands - specially protected territories / objects, but a refusal has been issued and you are going to dispute it, then in this case it is extremely important to fully observe the various procedural aspects. In particular, you must submit to the body along with the application a full package of documents established by the relevant Order of the Ministry of Economic Development.
- Various actions or omissions, in terms of granting ownership of a certain land plot, if necessary, can be appealed in court within three months after a violation of rights was recorded. When applying to the judiciary, it is extremely important to correctly formulate your requirements so that the future decision can be enforced, 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 lands that are potentially located or are already classified as specially protected territories and objects.