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Legal regime of road land. Legal regime of land industry, transport and other special purpose who is the owner

Article 90 of the RF RF, establishes the basis of the use of land of transport. The objects of transport systems of the Russian Federation are occupied by significant land areas of the state. The legal regime of these lands, first of all, depends on the type and purpose of transport communications. In Russia, these main types of transport are distinguished as automotive, rail, aircraft, pipeline, water.

The functioning of transport systems in the Russian Federation is regulated by the legislation on transport, which is formed both at the federal level and at the level of the subjects of the Russian Federation and the local level. Data regulatory acts can identify features of the use of land lands, as well as legal mode of security zones. It should be noted that the legal regime of transport lands is settled, in comparison with other lands of this category, in detail.

Thus, the Federal Law of 03/31/1999 No. 69-FZ "On Gas Saving in the Russian Federation" (as amended by August 22, 2004) establishes that land plots for the construction, operation and repair of gas supply systems are transferred to organizations - owners of gas supply systems in order defined by the land legislation of the Russian Federation.

On land areas related to the lands of transport, security zones are established with the special conditions for the use of such land plots. The boundaries of the security zones of the gas supply system objects are determined on the basis of construction standards and rules, rules for the protection of main pipelines, other regulatory documents approved in the prescribed manner. The owners of these land plots during their economic use cannot build any building, structure, structures within the established minimum distances to the objects of the gas supply system without coordination with the organization - the owner of the gas supply system or the organization authorized by it; Such owners do not have the right to repair the obstacles of the organization - the owner of the gas supply system or the organization authorized in the maintenance and repair of the objects of the gas supply system, eliminate the consequences of the emergence of accidents, disasters.

Federal Law of August 25, 1995 No. 153-FZ "On Federal Railway Transport" (as amended from 10.01.2003) established land use rules in order to ensure the functioning of railways. At the same time, railway transport lands are the land of federal significance provided by its enterprises and institutions to implement special tasks assigned to them. Railway transport land includes land allocated to railway tracks and stations (including a disqual strip), as well as under protective and strengthening, buildings, buildings, structures and other objects necessary for the operation and reconstruction of railways, taking into account the prospects for their development.

For the purposes of temporary, enterprises and institutions of railway transport can be provided with land on lease terms.

The procedure for the use of railway land within the dispensing band is determined by the federal executive body in the field of railway transport, taking into account the requirements of the Land Legislation of the Russian Federation.

The dimensions of land plots (including the disquitance band) are determined in accordance with the norms approved in the prescribed manner, design and estimate documentation and the general schemes for the development of railway lines and stations, and the discovery of the plots is carried out taking into account the priority of their development in accordance with the Land Legislation of the Russian Federation.

Lands of railway transport must comply with urban planning and environmental requirements established by federal executive bodies, the executive authorities of the constituent entities of the Russian Federation, local government, sanitary and other norms.

In order to ensure the safety of the population and the normal operation of railway tracks and other railway transport facilities (including industrial facilities and other types of transport) located on the lands of federal significance in places susceptible to landslides, collaps, erosions, villages and other dangerous impacts, Installed security zones.

The procedure for establishing security zones, their size, the mode of use of land allocated for these purposes is established by the Government of the Russian Federation. In addition, Art. 135 of the LA of the Russian Federation found that wood-shrub vegetation, located on the lands of railway transport, is intended to protect railway highways from unfavorable natural phenomena, prevent environmental pollution, reduce the noise effects of railway transport.

The use of lands of inland water transport is settled by the Code of Inland Water Transport of the Russian Federation of 07.03.2001 No. 24-FZ (as amended by 29.06.2004). According to this Code within the inland waterways located outside the territories of urban settlements, the organization of inland water transport has the right to use for work related to shipping, the coastal strip - the lane of the Earth 20 m from the edge of the waters of the coast in the mid-year-level water level on free rivers and Normal water level on artificially created inland waterways. On the shore, having a bias of more than 45 degrees, the coastline is determined from the edge of the coast of the shore. Special conditions for the use of the coastal strip are established by the Government of the Russian Federation.

When applying regulatory acts regulating the use of land of transport, it should be paid to the fact that grounds for granting and law on the basis of which faces use the land of land, currently identified the RF RC. So, in accordance with the provisions of Art. 20 and other articles of the RF RF, many users of the land of transport can not use land on the right of permanent (perpetual) use.

Based on Art. The 2700 RF, in the state or municipal ownership of the Earth, provided for the needs of transport organizations, including marine, river ports, train stations, airfields and airports, facilities for navigation support and shipping, terminals and terminal complexes in the formation of international transport corridors, Limited in circulation.

Land transport - Earths that are used or are intended to ensure the activities of organizations and (or) operation of automotive, marine, inland water, rail, air and other types of transport and the rights to which the participants in land relations on the grounds provided for by the RF RF, federal laws and the laws of the constituent entities of the Russian Federation (Article 90 of the RF RF).

In order to ensure the activities of organizations and operation of railway transport facilities

1. placement of railway tracks;
2. placement, operation and reconstruction of buildings, buildings, structures, including railway stations, railway stations, as well as devices and other objects necessary for operation, maintenance, construction, reconstruction, repair of land and underground buildings, buildings, structures, devices and other railway transport objects;
3. installation of strips of removal and security zones of railways.

Free land on the rope of railways within the land of railway transport can be leased Citizens and legal entities for agricultural use, provision of services to passengers, warehousing of goods, devices of loading and unloading sites, facilities of varnish warehouses (with the exception of flavors of fuel and lubricants and gas stations of any types, as well as warehouses intended for storage of hazardous substances and materials) and other purposes subject to the compliance with the safety requirements of the movement established by federal laws.

The procedure for the establishment and use of the bandwidth and the security zones of railways is determined by the Government of the Russian Federation.

See the Regulation on the procedure for the use of land of federal railway transport within the Railway Hills Strip, approved by the Order of the Ministry of Internal Affairs of the Russian Federation of May 15, 1999 N 26c

In order to ensure road activities Land plots may be provided for:

1. accommodation roads;
2. placement of road service facilities, objects intended for road activities, stationary posts of internal affairs bodies;
3. installation of road removal strips.

Land plots in the borders of road removal strips citizens and legal entities can be provided to accommodate road service facilities.. To create the necessary conditions for the use of roads and their safety, ensuring compliance with the safety requirements of road traffic and ensure the safety of citizens are created roadside strips of roads. The establishment of the boundaries of the roadway off road and roadside rods of roads, the use of such lanes and roadside bands is carried out in accordance with the legislation of the Russian Federation on roads and road activities.

See the administrative regulations of the Rosavtodor providing the State Service for the provision of citizens or legal entities of land within the borders of the roadway of the automotive road of federal significance to accommodate road service facilities, approved by the order of the Ministry of Transport of Russia of May 5, 2012 N 137

In order to ensure the activities of organizations and operation of marine, indoor water transport facilities may be provided with land plots for:

1. placement of artificially created inland waterways;
2. placing marine and river ports, berths, marine, hydraulic structures, other objects necessary for the operation, maintenance, construction, reconstruction, repair of land and underground buildings, buildings, structures, devices and other objects of marine, inland water transport;
3. highlighting the coastal strip.

The coastline of inland waterways is allocated for work related to shipping and alloy along the inner waterways, outside the territories of settlements. The procedure for the allocation of the coastal strip and the use of it is determined by the Code of Inland Water Transport of the Russian Federation.

See the Regulations on the special conditions of the use of the coastal strip of the inland waterways of the Russian Federation, approved by the Decree of the Government of the Russian Federation of February 6, 2003 N 71

In order to ensure the activities of organizations and operation of air transport facilities Land plots may be provided to accommodate airports, airfields, airports, runways, other ground objects needed for operation, content, construction, reconstruction, repair of land and underground buildings, buildings, structures, devices and other air transport facilities.

In order to ensure the activities of organizations and operation of pipeline transport facilities Land plots may be provided for:

1. placement of ground objects of the system of oil pipelines, gas pipelines, other pipelines;
2. placement of ground objects necessary for the operation, maintenance, construction, reconstruction, repair of land and underground buildings, buildings, structures, devices and other pipeline transport facilities.

The boundaries of the security zones on which the gas supply system objects are placed on the basis of construction standards and rules, the rules for the protection of main pipelines, other regulatory documents approved in the prescribed manner. On the specified land plots in their economic use the construction of any buildings, buildings, structures within the established minimum distances to the gas supply system objects are not allowed.. It is not allowed to impede the organization - the owner of the gas supply system or the organization authorized in the maintenance and repair of the objects of the gas supply system, eliminating the consequences of the accidents arising on them, catastrophes.

Land plots provided for construction, reconstruction, major repairs of pipeline transport facilities, from land of other categories are not subject to translation into category Lands of transport and are provided for the period of construction, reconstruction, overhaul of such objects. After commissioning of pipeline transport facilities, land plots provided for the period of construction, reconstruction, overhaul of such facilities are returned to owners of land plots. On land, where underground pipeline transport facilities are located, related to linear objects, the execution of the rights of the owners of pipeline transport objects is not required.

Restrictions on the owners of land plots occur due to the establishment of security zones of such objects.

3.5

These include the land, which can be used either are intended to implement the tasks associated with the provision:

company activities;
operation of objects related to air, rail, water (river, sea), automotive vehicles;

Determination of land lands and categories of sites that make up these land is regulated.

Legal regime of land transport possesses several features:

it establishes a zone that has a special condition for the use of territories;
it applies to areas that belong to transport areas and adjacent posts.

Provision of land transport

Transport land (based on paragraphs 2-8, 90th article ZK) designed and can be used In order to ensure the operation of the structures and activities of companies that can be attributed to the industry:

Railway transport.Free areas related to the lands of railway transport may be provided for leasing by physical or legal entities under:
- unloading and loading device;
- warehousing and storage of various cargo (except explosive and chemicals or fuels);
- providing various services to passengers;
- construction of varnish warehouses;
- agricultural activities.
Road transport. Plots of the Earth, which are in the zone of motorway removal, are provided by the Physical and Jur. Persons for creating buildings of the road service designed to recreate the necessary conditions for the safety and use of roads and safety of motor vehicles.
Water (river, maritime) transport. Private companies and individuals are provided by part of the coastline of inland waterways, which are located beyond the location of the settlement, to conduct work in the enterprise of shipping by river paths.
Air transport. Public and private companies are provided with territories to accommodate underground and terrestrial objects that are necessary for repair, reconstruction and control of air liners.
Pipeline transport. In areas of land of the pipeline system provided to citizens and companies to conduct a credibility, located near the main pipeline, the construction of various buildings and the creation of obstacles to emergency repair work on the pipeline lines are prohibited.

On the lands of transport can be placed several types of objects:

railway tracks, stations and train stations;
strips Taps and security zones for railway tracks;
automobile roads, road service services, stationary posts of the Ministry of Internal Affairs;
water lines appearing with artificial way, river and marine pier, pier, ports, lighthouses;
boarding and takelets, airports, airfields, airports;
pipeline, gas pipeline, oil pipeline systems.

Dimensions of land transport

Dimensions land of transport Defined on the basis of current legislation or typical projects for the construction of transport buildings. In a situation where there are no current legislation and there is no opportunity to use typical projects (due to the specifics of the relief, climatic or technical and engineering features, the subtleties of the object under construction), the size of the plots can be defined using design and estimate documentation.

The right to determine the size of the transport land is endowed with municipal or state structures that carry out accounting and control of territories relating to the appropriate types of transport (air, railway, water, automotive).

Private case

Article 90 (paragraph 8) ZK The restriction on the translation of land in the category of transport land is introduced. In particular, put on ones, which are used to reconstruct, erend, overhaul of the objects of the pipeline system, but belong to other categories of land, are not transferred to the group "Land of Transport", but only provided for temporary use For the period of the implementation of the necessary repair activities.

Conclusion

Summing up the article, several key points should be allocated:

Transport land is designed to place buildings that will be used in direct appointment and for repair purposes in the transport industry.
Plots belonging to other land categories, but used to maintain pipelines are not translated into the category of "transport land".
Reservation of land lands occurs in the manner approved resolution No. 561..

List of laws

The most popular questions and answers to them on the lands of transport

Question: My name is Svyatoslav Zakharovich. I am the head of the city council in a small village of the Sverdlovsk region. At one of the outskirts of the city, the construction of a new microdistrict is held (which will contain orders 10-15 multi-storey houses). At the session of the City Council, it was decided to build the city near the new microdistrict a small reserve power plant designed to supply new houses with electricity. Power station will be connected to the city The line of electrical storage facilities attached to metal supports that will be installed on the sections of the garden cooperative. However, since the local budget at the moment is not enough funds for the construction of the power plant, it was decided to begin construction work next year. I have a question: on what basis and for what period do you can reserve land to place the lines of electrical storage on them?

Answer: Svyatoslav Zakharovich, in your case the land of the garden cooperative can be reserved for a period up to twenty years, and the basis for reservation serve and 90 (paragraph 8) ZK. Reserved the territory should be in the manner that is approved in 2008. Stages of actions will be as follows:

Deputies of the City Council must be a petition for the reservation of incidents and send it to you for consideration. Together with the petition, you should be provided with a few more documents issued by Rosrester and containing information on the planning of the territory, which will be reserved.

Based on the received documents, you make a decision on reserving the territory. The decision must be written in writing (in the form of an act). In the compiled act, mandatory, information about:
duration and goals of reservation of incidents;

details of the document, which served as the basis for reservation (in your case, is the decision of the deputies of the city council);

date and place where the heads of the garden cooperative will be familiar with the decision.

In local media (newspapers or television channel), it is necessary to publish either voice the decision. After that, the reservation of the plots acquires strength.

A group of deputies, which controls the reservation process, should send the scheme of the reserved posts and a copy of the decision to Rosreestr to register the rights established by the adopted act.

Busy:

roads and directly adjacent buildings and structures (earthlings, bridges, signaling, service and technical, etc.), drainage, protective, other artificial structures, parkings for parking and washing of rolling stock, protective friction, structures on congresses and intersections of roads, production buildings, structures, bases, plants, careers, service, residential and cultural and household premises and other objects with a special purpose for maintenance of the road economy;

structures and devices of energy, garage and benzooculum, bus station and bus stations, linear production facilities, service and technical buildings, maintenance stations, public repair stations, freight forwarding enterprises, auto repair plants, bases, cargo courtyards, container and trailed platforms, Service, residential and cultural and household premises and other facilities with a special purpose for maintenance of road transport ... "

A source:

Order of Rosreestra of 28.12.2011 N n / 543

"On approval of the list of forms of state and departmental statistical reporting of the Federal Service for State Registration, Cadastre and Cartography to be collaborated and automated processing in 2012"

Official terminology. Academician. 2012.

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Transport lands recognized land that are used or intended to ensure the activities of organizations and (or) operation of automotive, marine, inland water, railway, air, pipeline and other types of transport and the rights to which land relations arose in the foundations provided for in this Code , federal laws and laws of constituent entities of the Russian Federation.

In order to ensure the activities of organizations and operation of railway transport facilities, land plots may be provided for:

1) placement of railway tracks;
2) placement, operation and reconstruction of buildings, structures, including railway stations, railway stations, as well as devices and other objects necessary for the operation, maintenance, construction, reconstruction, repair of land and underground buildings, structures, devices and other railway facilities transport;
3) Installing the outlet strips.

Free land on the rope of railways within the land of railway transport can be leased to citizens and legal entities for agricultural use, providing services to passengers, warehousing of goods, devices of loading and unloading sites, facilities of variety warehouses (with the exception of flavors of fuel and lubricants and Petrol stations of any types, as well as warehouses intended for storing hazardous substances and materials) and other purposes, subject to the safety requirements established by federal laws.

The procedure for establishing and using railway outlet strips is determined by the Government of the Russian Federation.

In order to ensure road activities, land plots may be provided for:

1) road accommodation;
2) placement of road service facilities, objects intended for road activities, stationary posts of internal affairs bodies;
3) Installing road removal strips.

Land plots within the borders of road removal bands may be provided in the Citizens and legal entities established by this Code to accommodate road service facilities. To create the necessary conditions for the use of roads and their safety, ensuring compliance with the safety requirements of road traffic and ensure the safety of citizens are created roadside strips of roads. Establishing the boundaries of road off roads and roadside rods of roads, the use of such lanes and roadside bands is carried out in accordance with this Code, the legislation of the Russian Federation on roads and on road activities.

In order to ensure the activities of organizations and operation of marine, indoor water transport facilities may be provided with land plots for:

1) placement of artificially created inland waterways;
2) placing the objects of the infrastructure of seaports, objects of river ports, berths, marins, hydraulic structures, other objects necessary for operation, maintenance, construction, reconstruction, repair of land and underground buildings, structures, devices and other marine, inland water transport;
3) allocations of the coastline.

In order to ensure the activities of organizations and operation of air transport facilities, land plots may be provided to locate airports, airfields, airports, runways, other ground objects necessary for operation, content, construction, reconstruction, repair of land and underground buildings, structures, devices and other air transport facilities.

In order to ensure the activities of organizations and operation of pipeline transport facilities, land plots may be provided for:

1) placement of ground objects of the system of oil pipelines, gas pipelines, other pipelines;
2) placement of ground objects necessary for operation, content, construction, reconstruction, repair of land and underground buildings, structures, devices and other pipeline transport facilities;
3) lost strength.

In order to create conditions for the construction and reconstruction of automotive, water, railway, air and other types of transport, lands are reserved. The procedure for reserving lands for these purposes is established by federal laws.

Land plots provided for construction, reconstruction, major repairs of pipeline transport facilities, from land of other categories are not subject to translation into category Lands of transport and are provided for the period of construction, reconstruction, overhaul of such objects. For land, where underground pipeline transport facilities related to linear objects are placed, the execution of the rights of the owners of pipeline transport facilities in the manner prescribed by this Code is not required. The owners of land plots arise restrictions on the establishment of security zones of such objects.