What a green area in the city. On the definition of functional zones in forest park zones, the area and boundaries of forest park zones, green areas

parking vehicle on the lawn and within the green zone - the action is illegal. Such actions entail the imposition of an administrative fine.

What is a lawn according to traffic rules and what applies to a lawn? Is there a difference between lawn and green space? What is the penalty for parking on a lawn or in a green zone? Who sets the fines for parking on the lawn? How do I appeal a lawn parking order? We will answer these and other questions in this article.

Lawn or green space?

It is forbidden to leave a car on the lawn, but there is no legal definition of this concept anywhere. Of course, not all areas with grass can be considered a lawn. A person will definitely not be fined for stopping on an overgrown piece of land on the outskirts of the city.

In principle, a precise concept in the field of road regulation is not particularly required. If we start from an encyclopedic understanding, then a plot with a well-groomed, often decorative perennial grass is assumed. But scientific interpretation does not form the basis for regulating these legal relations, although it is implied. You can also study the laws of the neighboring state - Belarus, where a lawn is a land plot with a natural or created vegetation cover, usually grassy.

The term, in general, is not reflected in federal documents, which provides an opportunity for law enforcement agencies to various tricks. In many ways, this issue is regulated only at the local level.

The concept of a green zone is generally absent in any regulations. In different cases, it is understood as territories planted with herbaceous and shrubby plants, as well as areas outside the city for recreation of the population, occupied by forest parks and forests.

In general, the concepts of a lawn and a green zone are different, but they do not play any role. If the territory is designated as not intended for parking, leaving the vehicle on it is still subject to the imposition of an administrative penalty.

Lawn parking fines

In each subject, documents specifying the provisions on penalties for parking violations have legal force. For example, in Moscow, the developed Code of Administrative Offenses of the city provides for a punishment that is several times higher than that provided for by the Code of Administrative Offenses of the Russian Federation.

In general, the article for violating the rules for stopping the vehicle involves a fine of 500 rubles. It is even possible to receive a warning, without assigning penalties. However, in the capital, the composition was specified in Art. 8.25 since 2015. So, for the placement of vehicles on the lawn and other landscaped areas, rather large amounts are due.

Fine for parking on the lawn in Moscow:

for individuals - 5 thousand;
for officials - 30 thousand;
for legal entities - 300,000 rubles.

Parking on the lawn in St. Petersburg (based on City Law No. 273-70):

for a citizen - 3-5 thousand rubles;
for an official - 5-40 thousand rubles;
for organizations - 150-500 thousand.

Unlike most specialized laws and regulations in this area, the law contains an interpretation of the word "lawn". So, this is the surface of the earth, bounded by a side stone, with grassy or shrubby vegetation, both natural and artificial. Included in the concept and the territory allotted for landscaping.

Similar rules are found in most regions of the country. In their absence, apply general norm Code of Administrative Offenses of the Russian Federation, which imposes a fine for leaving vehicles in places not designated for parking.

How to avoid a fine?

The best advice is to know the local regulations regarding this offence. Acts in different cities contain different understandings of the lawn. Somewhere the presence of grass is mandatory, but not everywhere, for example, the designation of this area is required. So, if a person is sure that he is standing on bare ground without grass, bushes and fences, and he was fined anyway, it's time to make sure that this place is considered a lawn.

Speaking about the grass cover in the yards of apartment buildings, everything is not so simple here. Front gardens can be broken down by the enthusiasm of the people who live there. But this does not mean at all that the territory is officially considered to be a lawn.

Most local acts contain wording only parking and, at most, parking. In this case, it can be proved that there was only the fact of stopping, which is not prohibited by law. The main thing is that there are no witnesses long stay transport in the forbidden zone and video cameras. Although a stop is considered a race, which is already the basis for a fine.

The most risky option is to try to prove that the parking was carried out as a result of force majeure (prevention of an accident, a sharp deterioration in well-being, etc.). Such cases exclude or minimize punishment. But cameras on nearby houses or an examination by a doctor will quickly reveal the deception, and then a fine cannot be avoided.

Thus, the best option to prove your innocence is to prove that the parking place is not a lawn. Only this guarantees in most cases the cancellation of the fine.

Appeal against an unlawfully imposed fine

Of course, unjust punishment can and should be appealed. There is only 10 days for this from the date of delivery of a copy of the decision (Article 30.3 of the Code of Administrative Offenses of the Russian Federation). The most important thing is the confidence in one's rightness or the presence of a loophole in the law that can be used.

An appeal against the decision of the traffic police is carried out to a higher official (in particular, the head of the inspector who issued the fine). No one has canceled the judicial procedure for appeal. Although, as a rule, legal expenses are much higher than the amount of the fine. And yes, it can take several months. But if the principle prevails, it is possible to apply for such a resolution of the dispute.

Conclusion

So, lawn parking is a matter of local and regional regulation. Accordingly, in many respects the appointment, cancellation and appeal of the decision made depend on the norms prevailing in the subject. In order to avoid punishment, one can only advise to know what exactly is recognized as a lawn in a particular locality.

On approval of the Regulations on the definition of functional zones in forest park zones, the area and boundaries of forest park zones, green areas

In accordance with part 7 of article 105 of the Forest Code Russian Federation The Government of the Russian Federation decides:

Approve the attached on the definition of functional zones in forest park zones, the area and boundaries of forest park zones, green areas.

Chairman of the Government of the Russian FederationV. Putin

Position on the definition of functional zones in forest park zones, the area and boundaries of forest park zones, green areas

1. This Regulation establishes the procedure for determining functional zones in forest park zones of protective forests, the area and boundaries of forest park zones and green zones of protective forests (hereinafter, respectively - forest park zones, green zones).

2. Forest park zones are established for the purpose of organizing recreation for the population, preserving the sanitary-hygienic, health-improving and aesthetic value of natural landscapes.

3. Green zones are established in order to ensure the protection of the population from adverse natural and man-made impacts, the preservation and improvement of the environment.

4. Forest parks and green zones may be established on forest fund lands, defense and security lands where forests are located, as well as in urban and rural settlements where forests are located (with the exception of urban forests).

5. The boundaries of forest parks and forestry parts of green zones, which were created on the lands of the forest fund before the day the Forest Code of the Russian Federation came into force, are the boundaries of forest park zones and green zones, respectively.

No. 50, paragraph 6 of this provision has been amended

6. The area of the forest park zone is determined depending on the population of the respective settlement. The area of the green zone is determined depending on the forest zone, the ratio of the area of land covered with forest vegetation to the total area of the territory of the municipal district or subject of the Russian Federation, within whose boundaries the green zone (forest cover) is established, and the population of the corresponding settlement. Standards for determining the area of the forest park zone and the green zone are establishedFederal Forestry Agency.

7. The boundaries of functional zones in the forest park zone, the forest park zone and the green zone are established along quarterly clearings, the boundaries of forest quarters and (or) forest taxation allotments.

8. Functional zones in the forest park zone are parts of the forest park zone, which are allocated in order to differentiate the mode of use, protection, protection and reproduction of forests in various parts forested area.

In the forest park zone, which has well-established, sustainable natural landscapes, formed recreational infrastructure, or in cases where differentiation of the mode of use, protection, protection and reproduction of forests is not required, functional zones may not be allocated.

9. In the forest park zone, an active recreation zone and a walking zone are distinguished.

In some cases, in order to preserve habitats of fauna and restore disturbed natural landscapes, functional zones can be allocated - a zone of faunal rest and a restoration zone.

10. An active recreation zone is allocated in places of a forest park zone with the greatest recreational load in order to improve them and form aesthetically valuable natural landscapes of increased stability. The area of the active recreation zone occupies up to 30 percent of the area of the forest park zone.

11. The walking zone is allocated in places of the forest park zone less visited by the population for organizing walking and tourist routes, harvesting and collecting food and non-timber forest resources in the prescribed manner. The area of the walking zone can be more than 70 percent of the area of the forest park zone.

12. The zone of faunal rest is allocated in order to ensure optimal conditions for the habitat and reproduction of wild birds and animals.

13. The restoration zone is allocated in the places of the forest park zone where the death of forest plantations or a significant decrease in their stability has occurred and a long-term (for at least 10 years) implementation of a set of measures for reforestation is required.

By Decree of the Government of the Russian Federation of February 4, 2011 No. 50, paragraph 14 of this provision was amended

14. The standards for the improvement of the active recreation area and the walking area in the forest park zone are establishedFederal Forestry Agency.

Decree of the Government of the Russian Federation of February 4, 2011 No. № 50 paragraph 15 of this provision has been amended

15. The decision on the preparation of documentation for the design of the boundaries of the forest park zone and (or) the green zone is taken by the authority state power subject of the Russian Federation independently or at the suggestion of interested bodies local government.

The decision to prepare documentation for the design of the boundaries of the forest park zone and (or) the green zone (hereinafter referred to as the design documentation) of the federal cities of Moscow and St. -Petersburg.

16. Project documentation is developed by order of the state authorities of the constituent entities of the Russian Federation, provided for by this Regulation, in the manner established by the Federal Law "On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs."

The preparation of project documentation is carried out by persons who have the right to carry out forest management or land management work in accordance with the established procedure (hereinafter referred to as the developer).

17. The design documentation includes text and graphic materials containing, among other things:

a) border information settlements And municipalities, on the territory of which forest park zones and (or) green zones are being designed;

b) information from the state forest register on the rights to use forest plots included in the boundaries of the forest park zone and (or) green zone;

c) maps (schemes) of the forest park zone and (or) green zone containing a description of the location of the boundaries land plots(their parts) located within the boundaries of the respective zone;

d) an extract from the state forest register containing a list of boundaries (blocks, sections) of the designed forest park zone and (or) green zone, as well as information about the forest cover of the area;

e) a scheme for breaking down the forest park zone into functional zones.

19. Prior to its submission by the developer to the appropriate state authority of the constituent entity of the Russian Federation, project documentation is subject to approval by the local government, within the boundaries of the municipality of which green areas or forest park areas are established.

If the establishment of the boundaries of a forest park zone or a green zone leads to a change in the boundaries of operational forests, valuable forests and reserve forests, the project documentation, before it is submitted by the developer to the state authority of the constituent entity of the Russian Federation, is subject to agreement with state authorities and local governments within their powers to establish the boundaries of these forests, determined in accordance with Articles 81 - 84 of the Forest Code of the Russian Federation.

20. The state authority of the constituent entity of the Russian Federation, within 30 days from the date of submission by the developer of the project documentation, considers it and makes a decision on its approval or on sending it for revision.

21. Functional zones in the forest park zone, the area and boundaries of the forest park zone, the green zone are established by the decision of the state authority of the constituent entity of the Russian Federation on the basis of approved project documentation.

The specified decision must contain data on the areas and boundaries of the green zone, forest park zone, included in its composition of functional zones.

22. The state authority of the constituent entity of the Russian Federation, within 30 days from the date of the decision provided for by this Regulation, ensures that the relevant information is entered into the state forest register in the prescribed manner.

If the exercise of the powers specified in Part 1 of Article 83 of the Forest Code of the Russian Federation is not transferred in the prescribed manner to the state authorities of the constituent entity of the Russian Federation, the state authority of the constituent entity of the Russian Federation, within 7 days from the date of the decision provided for by this Regulation, sends it to the Federal Forestry Agency to enter, in accordance with the established procedure, the relevant information in the state forest register.

Information on the establishment of the boundaries of forest park zones and green zones is entered in the prescribed manner in the state real estate cadastre at the request of the state authority of the constituent entity of the Russian Federation that made the decision specified in this Regulation, as information on zones with special conditions for the use of the territory.

23. Changing the area and boundaries of functional zones in the forest park zone, forest park zone and green zone is carried out by the decision of the state authority of the constituent entity of the Russian Federation in the manner prescribed by this Regulation.

Changing the boundaries of forest park zones and green zones, which may lead to a decrease in the area of these zones, is not allowed. When changing the boundaries of forest park zones and green zones, the area of excluded forest areas is compensated by including forest areas in the boundaries of these zones, the area of which is not less than the area of excluded forest areas and which are located on the territory of the same forestry (forest park) or on the territory of the nearest forest areas (forest parks).

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

On approval of the Regulations on the definition of functional zones in forest park zones, the area and boundaries of forest park zones, green areas

Document as amended by:
Decree of the Government of the Russian Federation of February 4, 2011 N 50 (Collected Legislation of the Russian Federation, N 7, 02/14/2011);
(Collected Legislation of the Russian Federation, N 46, 11/12/2012);
(Official Internet portal of legal information www.pravo.gov.ru, 08/28/2017, N 0001201708280014).
____________________________________________________________________

In accordance with Part 7 of Article 105 of the Forest Code of the Russian Federation, the Government of the Russian Federation

decides:

Approve the attached Regulations on the definition of functional zones in forest park zones, the area and boundaries of forest park zones, green areas.

Prime Minister
Russian Federation
V.Putin

Regulations on the definition of functional zones in forest park zones, the area and boundaries of forest park zones, green areas

APPROVED
Government Decree
Russian Federation
dated December 14, 2009 N 1007

2. Forest park zones are established for the purpose of organizing recreation for the population, preserving the sanitary-hygienic, health-improving and aesthetic value of natural landscapes.

3. Green zones are established in order to ensure the protection of the population from adverse natural and man-made impacts, the preservation and improvement of the environment.

5. The boundaries of forest parks and forestry parts of green zones, which were created on the lands of the forest fund before the day the Forest Code of the Russian Federation came into force, are, respectively, the boundaries of forest park zones and green zones.

6. The area of the forest park zone is determined depending on the population of the respective settlement. The area of the green zone is determined depending on the forest zone, the ratio of the area of land covered with forest vegetation to the total area of the territory of the municipal district or subject of the Russian Federation, within whose boundaries the green zone (forest cover) is established, and the population of the corresponding settlement. The standards for determining the area of the forest park zone and the green zone are established by the Ministry natural resources and ecology of the Russian Federation.
(Paragraph as amended by Decree of the Government of the Russian Federation of November 1, 2012 N 1128.

9. In the forest park zone, an active recreation zone and a walking zone are distinguished.

In some cases, in order to preserve habitats of fauna and restore disturbed natural landscapes, functional zones can be allocated - a zone of faunal rest and a restoration zone.

12. The zone of faunal rest is allocated in order to ensure optimal conditions for the habitat and reproduction of wild birds and animals.

14. The standards for the improvement of an active recreation area and a walking area in a forest park zone are established by the Ministry of Natural Resources and Ecology of the Russian Federation.
(Item as amended by Decree of the Government of the Russian Federation of February 4, 2011 N 50; as amended by Decree of the Government of the Russian Federation of November 1, 2012 N 1128.

15. Preparation of documentation for the design of the boundaries of the forest park zone and (or) the green zone (hereinafter referred to as the project documentation) is carried out at the initiative of the person concerned.
Decree of the Government of the Russian Federation of August 25, 2017 N 998.

16. In the event that project documentation is developed by order of a public authority of a constituent entity of the Russian Federation, project documentation is developed in accordance with the procedure established by the legislation of the Russian Federation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs.
(Paragraph as amended, entered into force on September 5, 2017 by Decree of the Government of the Russian Federation of August 25, 2017 N 998.

17. The design documentation includes text and graphic materials containing, among other things:

a) information on the boundaries of settlements and municipalities, on the territory of which forest park zones and (or) green zones are being designed;

b) information from the state forest register on the rights to use forest plots included in the boundaries of the forest park zone and (or) green zone;

c) maps (schemes) of the forest park zone and (or) green zone containing a description of the location of the boundaries of land plots (their parts) located within the boundaries of the corresponding zone;

e) a scheme for breaking down the forest park zone into functional zones.

18. When designing forest park zones and green zones, their boundaries should not include land plots with real estate objects located on them, the placement of which is not allowed by the Forest Code of the Russian Federation in forest park zones and green zones, as well as territories provided for by territorial planning documents for placement such objects.
(Paragraph as amended, entered into force on September 5, 2017 by Decree of the Government of the Russian Federation of August 25, 2017 N 998.

19. Project documentation is subject to agreement with the local government of an urban, rural settlement, urban district, within the boundaries of which green zones or forest park zones are established, before the decision on its approval is made by the state authority of the constituent entity of the Russian Federation. The term for approval of project documentation does not exceed 15 calendar days from the date of its receipt for approval by the local government of an urban, rural settlement, urban district, within whose boundaries green zones or forest park zones are established.

Project documentation is subject to agreement with the Federal Forestry Agency if the establishment of the boundaries of a forest park zone or a green zone leads to a change in the boundaries of other categories of protective forests, production forests and reserve forests, by the state authority of the constituent entity of the Russian Federation before a decision is made on its approval. The term for approval of project documentation does not exceed 15 calendar days from the date of its receipt for approval by the Federal Forestry Agency.
(Paragraph as amended, entered into force on September 5, 2017 by Decree of the Government of the Russian Federation of August 25, 2017 N 998.

20. The state authority of the constituent entity of the Russian Federation, within 30 days from the date of submission of the project documentation, considers it and makes a decision on its approval or on sending it for revision.
(Paragraph as amended, entered into force on September 5, 2017 by Decree of the Government of the Russian Federation of August 25, 2017 N 998.

The specified decision must contain data on the areas and boundaries of the green zone, forest park zone, included in its composition of functional zones.

22. The state authority of the constituent entity of the Russian Federation, within 30 days from the date of the decision provided for in clause 21 of this Regulation, ensures that the relevant information is entered into the state forest register in the prescribed manner.

If the exercise of the powers specified in part 1 of article 83 of the Forest Code of the Russian Federation is not transferred in the prescribed manner to the state authorities of the subject of the Russian Federation, the state authority of the subject of the Russian Federation within 7 days from the date of the decision provided for in paragraph 21 of this Regulation, sends it to the Federal Forestry Agency for entering, in accordance with the established procedure, the relevant information into the state forest register.

Information on the establishment of the boundaries of forest park zones and green zones is entered in accordance with the established procedure in the state real estate cadastre at the request of the state authority of the constituent entity of the Russian Federation that made the decision specified in paragraph 21 of this Regulation, as information about zones with special conditions for the use of the territory.

Revision of the document, taking into account
changes and additions prepared
JSC "Kodeks"

Green Zone

Green zone - a belt around the settlement, where tree vegetation, shrubs, grass cover and animal world in order to create conditions for cleaning the environment from pollution, enriching the air with oxygen and maintaining conditions for the recreation of residents. The green zone in the Russian Federation is 50 km around the settlement.

In English: green zone

Synonyms: Protective green area

See also: Environment-forming territories Suburban zones

Finam Financial Dictionary.

See what the "Green Zone" is in other dictionaries:

green Zone- The territory around and inside urban areas, occupied by forests, forest parks and other green areas, performing ecological functions and used for recreation of the population. Syn.: green belt… Geography Dictionary

The territory outside the city limits, occupied by forests, forest parks and other green areas, performing protective sanitary and hygienic functions and being a place of recreation for the population (GOST 28329 89.) EdwART. Terms and Definitions… … Ecological dictionary

Territory outside the city limits, occupied by forests, forest parks and other green areas, performing protective sanitary and hygienic functions and being a place of recreation for the population Glossary of business terms. Akademik.ru. 2001 ... Glossary of business terms

green area of the city- The territory outside the city limits, occupied by forests, forest parks and other green areas, performing protective and sanitary and hygienic functions and being a place of recreation for the population. [GOST 28329 89] Topics landscaping ... Technical Translator's Handbook

Photograph of Baghdad from space. The "Green Zone" is marked at the top right of the image, on the banks of the Tigris. The Green Zone is the name of the area in the center of Baghdad (Iraq) where foreign and government facilities are located. Contents 1 ... ... Wikipedia

Green zone of the city- 3. Green zone of the city Territory outside the city limits, occupied by forests, forest parks and other green areas, performing protective and sanitary and hygienic functions and being a place of recreation for the population Source: GOST 28329 89: ... ... Dictionary-reference book of terms of normative and technical documentation

Territories around cities and industrial settlements, including forest park protective belts that perform environmental protection (environment-forming, ecological), sanitary and recreational functions (law on environmental protection ... Ecological dictionary

suburban green space- territories around cities and towns that perform environmental protection (environment-forming), ecological, sanitary and hygienic and recreational functions, with established regimes for special regulation of urban development and use ... ... Official terminology

Books

Green zone, Alenikov V.M. It was a stuffy July day, in its summer haze the outlines of a rat were very vague, it was more likely to be guessed than seen, and from all this there was a feeling of something ghostly, ...

6. On the role of the laws of development of nature

II. Environmental law as a complex branch of Russian law

1. Ecological function of the Russian state

8. System of environmental law

2. Constitutional basis for the regulation of environmental relations. Federal Treaties

IV. Environmental legal relations

1. The concept and types of environmental legal relations

2. Subjects of environmental legal relations. Legal capacity and capacity

5. Emergence, change and termination of environmental legal relations

V. Ecological and legal status of a person

1. The concept of environmental human rights and the significance of their recognition

2. State of legal regulation of environmental human rights

VI. Ownership of natural resources

1. Natural wealth is a public good

2. The concept, content and forms of ownership of natural resources

3. Objects and subjects of ownership of natural resources

VII. The right to use nature

1. The concept of the right to use nature, its types

VIII. Legal basis of management

1. The concept and types of environmental management and environmental protection

4. Other bodies authorized in the field of state management of nature management and environmental protection

IX. Legal basis for information

1. The concept and role of environmentally significant information

X. Legal basis for environmental regulation

1. The concept of environmental regulation. System of environmental regulations

2. Environmental quality standards

XI. Legal Framework for Impact Assessment

1. The concept and place of environmental impact assessment in the mechanism of environmental law

7. Objects of the state ecological expertise

8. The procedure for conducting state environmental

XII. Licensing and contractual bases

1. License and contract as legal instruments

2. Licensed types of environmentally significant activities

XIII. Environmental and legal framework

1. The concept and main characteristics of technical regulation

XIV. Legal framework for environmental audit

1. The concept and objectives of environmental audit

2. Types of environmental audit and the procedure for its implementation

1. The concept and role of the economic mechanism for providing

6. Measures of economic incentives for rational use of natural resources and environmental protection

XVI. Legal basis for environmental control

1. The concept, types and tasks of environmental control

2. State environmental control

4. Municipal and public environmental control

XVII. Legal liability for environmental offenses

1. The concept and functions of legal liability for environmental offenses

XVIII. Features of the legal regime of natural objects

1. General features of the legal regime of natural objects

2. Features of the legal regime of lands

7. Features of the legal regime of the animal world

XIX. Features of the legal regime

1. Legal regime of use and protection

1. Specially protected natural areas: history, goals of formation, types

3. Legal regime of national and natural parks

1. Purpose and legal regime of green zones

XXII. Legal basis for the handling of substances, materials and waste

1. Legal regulation of handling potentially hazardous substances and materials

XXIII. Legal Regime of Ecologically Unfavorable Territories

1. The concept and factors of creating environmentally hazardous

XXIV. Environmental law in foreign countries

1. Environmental Law of the CIS Member States and other Central and Eastern European States

2. Environmental law in economically developed countries1

1. Factors in the development of international environmental law

1. Climate change

2. Depletion of the ozone layer

7. Resource crisis

4. International environmental organizations

7. International liability for environmental offenses

8. International Environmental Court

9 Books at publisher prices

1. Purpose and legal regime of green zones

Green zones formed both around cities and other settlements, and within them, taking into account their ecological significance, it is advisable to refer to specially protected natural areas 1 . But since they are not named as such in the Law on Special

By the Law of Moscow dated September 26, 2001 "On Specially Protected Natural Territories in the City of Moscow", the urban forest is classified as specially protected natural areas in the city of Moscow along with the national park; natural park; natural and historical park; ecological park; water protection zones, etc. (Article 2). City forest - a specially protected natural area, which is a forest area located in the city

1. Purpose and legal regime of green zones

protected natural areas, the legal regime of green areas is discussed in this chapter.

Green zones are understood as suburban lands allocated in accordance with the established procedure, covered with green spaces, forming a protective forest belt and performing environmental, sanitary, recreational and economic functions.

The beginning of the allocation of suburban forests for suburban recreation of people is considered to be the decision taken by the Council of People's Commissars of the USSR in 1932 to allocate a forest green zone around Leningrad. Then, by the decree of the Council of People's Commissars of the USSR and the Central Committee of the All-Union Communist Party of Bolsheviks “On the General Plan for the Reconstruction of the City of Moscow”, a green forest belt was allocated around Moscow, and in 1969 all the forests of the Moscow region were assigned to the green zone. With the adoption of the resolution of the Council of People's Commissars of the USSR of April 23, 1943 "On the division of forests into groups", a massive allocation of green zones began 1 . The Forest Code of the Russian Federation also classifies the forests of green zones of settlements and economic facilities as forests of the first group (Article 56).

In the Soviet period, the size of green zones was determined by the number and growth prospects of the population of cities: in cities with a population of less than 10 thousand people, 50 hectares per 1,000 inhabitants were allocated, in cities with a population of more than 500 thousand people, 130 hectares or more. At that time, the total area of green areas around cities, industrial centers and other settlements was about 16 million hectares. For each urban dweller, there was an average of 0.13 hectares of green zone area.

In the modern period, the allocation of green areas was provided for by the Law of the RSFSR "On the Protection of the Environment". In accordance with Art. 67 suburban green areas, including forest park protective belts, were allocated around cities and industrial settlements as territories that perform environmental protection (environment-forming, ecological), sanitary-hygienic and recreational functions. The boundaries of green zones were determined for the capitals of the republics within the Russian Federation, regional and regional centers by the Councils of Ministers of the respective republics, regional and regional Councils on

line and performing environment-protective, climate-regulating, sanitary-hygienic and recreational functions that have a positive impact on the ecological situation and provide favorable conditions for people to relax in a forest environment // Bulletin of the Moscow City Hall. 2001. Nov.; Vedomosti of the Moscow City Duma. 2002. No. 1.

Handbook of Nature Protection. M., 1980. S. 230-231.

504 XXI. Legal Regime of Protected and Other Special Zones and Territories

native deputies. In green zones, economic activities that adversely affect their performance of environmental, sanitary, hygienic and recreational functions were prohibited. The Law on Environmental Protection does not provide for the allocation of green areas. However, it establishes that the natural reserve fund is formed by state nature reserves, including state natural biosphere reserves, state nature reserves, natural monuments, national parks, dendrological parks, natural parks, botanical gardens and other specially protected areas , natural objects of special environmental, scientific, historical and cultural, aesthetic, recreational, health and other value (Article 58).

This Law defines General requirements for the protection of the green fund of urban and rural settlements. Green fund of urban and rural settlements is a set of green areas, including areas covered with tree and shrub vegetation and areas covered with grassy vegetation, within the boundaries of these settlements. The protection of the green fund of urban and rural settlements provides for a system of measures that ensure the preservation and development of the green fund and are necessary to normalize the ecological situation and create a favorable environment. In the territories that are part of the green fund, economic and other activities that have a negative impact on these territories and impede the implementation of their functions of ecological, sanitary-hygienic and recreational purposes are prohibited.

Main elements of the legal regime green areas are:

Prohibition in the respective territories of economic and other activities that have a negative impact and impede the implementation of their functions of ecological, sanitary-hygienic and recreational purposes;

In the forests of green zones of settlements and economic objects, as forests of the first group, in accordance with the Forest Code of the Russian Federation, especially protective forest areas with a limited forest management regime can be allocated. The main provisions for the allocation of especially protective forest areas were approved by the order of Rosleskhoz dated December 30, 1993. 1 In especially protective forest areas

the use of final fellings may be prohibited. Decisions on such a ban are made by the state authorities of the constituent entities of the Russian Federation on the proposals of the territorial bodies of the federal forestry management body. The transfer of forest lands to non-forest lands in the forests of the first group for their use for purposes not related to forest management, the use of the forest fund, and (or) the withdrawal of forest fund lands is carried out by the Government of the Russian Federation on the proposal of the state authority of the subject of the Federation, agreed with the federal body forest management.

2. Purpose and legal regime of sanitary protection zones

Sanitary protection zones (SPZ) are designed to create a barrier between residential development and enterprises and other facilities that are sources of harmful chemical, physical and biological effects on the environment.

The territory of the sanitary protection zone is designed to: ensure the reduction of the impact level to the required hygienic standards for all impact factors outside it; creation of a sanitary-protective and aesthetic barrier between the territory of the enterprise (group of enterprises) and the territory of residential development; organization of additional planted areas providing screening, assimilation and filtration of atmospheric air pollutants and increasing the comfort of the microclimate. The creation of sanitary protection zones is one of the planning measures for environmental protection in urban planning and the development of other settlements. The creation of such zones is provided for by the Law on the Protection of the Environment

living environment (Article 52), the Town Planning Code of the Russian Federation (Article 37), the Laws on the sanitary and epidemiological welfare of the population (Article 12), on the protection of atmospheric air (Article 16), on the use of atomic energy (Article 31) .

Specific requirements for the creation of sanitary protection zones and their regime are regulated by the Sanitary and Epidemiological Rules and SanPiN 2.2.1 / 2.1.1.1031-01 “2.2.1 / 2.1.1. Design, construction, reconstruction and operation of enterprises, planning and development of populated areas. Sanitary protection zones and sanitary classification of enterprises, structures and other objects, approved by the Chief State Sanitary Doctor of the Russian Federation on May 17, 2001.

506 XXI. Legal Regime of Protected and Other Special Zones and Territories

In accordance with these Rules, enterprises, their individual buildings and structures with technological processes that are sources of impact on the environment and human health, must be separated from residential buildings by sanitary protection zones.

The sanitary protection zone is an obligatory element of any object that can be a source of chemical, biological or physical impact on the environment and human health. The use of SPZ areas is carried out subject to the restrictions established by the current legislation and the specified norms and rules. The provision of land plots within the boundaries of the SPZ is carried out in the presence of the conclusion of the territorial bodies of the State Sanitary and Epidemiological Supervision on the absence of violations of sanitary norms and rules.

The sanitary protection zone should have a consistent study of its territorial organization, landscaping and landscaping at all stages of the development of all types of urban planning, pre-project and project documentation, the construction and operation of a separate enterprise or industrial complex.

The pre-project, project documentation for the construction of new, reconstruction or technical re-equipment of existing enterprises and structures should provide for funds for the organization and improvement of sanitary protection zones, including the resettlement of residents if necessary, and a project should be presented as part of the design and estimate documentation for its organization, improvement and gardening in accordance with the current regulatory documentation.

For objects, their individual buildings and structures with technological processes that are sources of impact on the environment and human health, depending on the power, operating conditions, nature and amount of emissions released into environment toxic and odorous substances, generated noise, vibration and other harmful physical factors, as well as taking into account the envisaged measures to reduce their adverse impact on the environment and human health while ensuring compliance with the requirements of hygiene standards in accordance with the sanitary classification of enterprises, industries and facilities, the following are established minimum dimensions sanitary protection zones:

First class enterprises - 1000 m;

Second class enterprises - 500 m;

2. Purpose and legal regime of sanitary protection zones

Enterprises of the third class - 300 m;

Enterprises of the fourth class - 100 m;

Enterprises of the fifth class - 50 m.

For example, first-class enterprises include enterprises producing bound nitrogen (ammonia, nitric acid, nitrogen fertilizers and other fertilizers); the second - synthetic detergents; third - non-ferrous metals in the amount of 100 to 2000 tons / year; the fourth - enterprises for the extraction of marble, sand, clay by open mining; fifth - enterprises for the production of paper from waste paper.

The size of the sanitary protection zones can be changed for enterprises of classes I and II - by decision of the Chief State Sanitary Doctor of the Russian Federation or his deputy, for enterprises of III and IV classes - by decision of the Chief State Sanitary Doctor of a constituent entity of the Russian Federation or his deputy.

The sizes of sanitary protection zones can be increased. The list of reasons for the need to increase their size or create individual zones for individual enterprises and industrial complexes in excess of those established by the sanitary classification of industries includes:

Exceeding the permissible levels of exposure for any factor outside the required SPZ based on laboratory control materials, if it is impossible to reduce the level of pollution by technical means;

The presence of new, insufficiently studied, unparalleled technologies in the country and abroad.

The size of the sanitary protection zone can be reduced when:

Objective evidence of a stable achievement of the level of technogenic impact on the environment and the population within and below the regulatory requirements based on the materials of systematic (at least annual) laboratory observations of the state of air pollution;

Confirmation by measuring the reduction of noise levels and other physical factors within the residential area below hygienic standards;

Reduction of capacity, re-profiling of the enterprise and the associated change in the hazard class.

It is not allowed to reduce the size of the sanitary protection zone on the basis of data obtained only by calculation.

The law on the use of atomic energy provides for the formation of a sanitary protection zone for nuclear facilities and a zone

508 XXI. Legal Regime of Protected and Other Special Zones and Territories

observations. Such zones are established in order to protect the population in the area where a nuclear installation, radiation source or storage facility for nuclear materials and radioactive substances is located. The size and boundaries of the zone are determined in the design of the sanitary protection zone in accordance with the norms and rules in the field of the use of atomic energy, which are agreed with the bodies of the State Sanitary and Epidemiological Supervision and approved by local authorities.

Law forbids placement in the sanitary protection zone of a number of objects, including residential and public buildings, children's institutions, as well as medical and recreational institutions, catering facilities, industrial facilities, utility and other structures and facilities that are not related to the operation of a nuclear installation, radiation source or storage point not provided for by the approved project of the sanitary protection zone. The use of existing facilities and structures located in the sanitary protection zone for economic purposes, if the profile of their use is changed, is allowed on the proposal of the operating organization with the permission of the state safety regulation authorities.

The need to establish a surveillance zone, its size and boundaries are determined in the project based on the safety characteristics of nuclear facilities and are agreed with the bodies of the State Sanitary and Epidemiological Supervision. In the surveillance zone, these authorities may impose restrictions on economic activity in accordance with the legislation of the Russian Federation. In the surveillance zone, which includes the sanitary protection zone, citizens are subject to social and economic compensation measures for additional risk factors, as well as emergency planning measures.

Losses caused by the establishment of a sanitary protection zone and a surveillance zone are compensated by the operating organization in accordance with the legislation of the Russian Federation.

For some facilities using atomic energy, in accordance with the safety characteristics of these facilities, the sanitary protection zone and the surveillance zone may be limited to the territory of the facility, building, premises.

3. Designation and legal regime of water protection zones of water bodies 509

3. Designation and legal regime of water protection zones of water bodies and their coastal protective strips

A water protection zone is a territory adjacent to the water areas of rivers, lakes, reservoirs and other surface water bodies, where a special regime of economic and other types of activities is established in order to prevent pollution, clogging, silting and depletion of water bodies, as well as to preserve the habitat of animals and animals. flora. The water protection zone is created as an integral part of environmental protection measures, as well as measures to improve the hydrological regime and technical condition, the improvement of water bodies and their coastal areas. Coastal protective strips are established within the limits of water protection zones, on the territories of which additional restrictions on nature use are introduced.

Lands of water protection zones according to Art. 97 of the Land Code of the Russian Federation refer to the lands of nature protection purposes. General requirements for the creation of these zones and their legal regime are provided for in Art. 111 VK RF. The procedure for establishing the size and boundaries of water protection zones and their coastal protective strips, as well as the mode of their use, is regulated by the Regulations on the water protection zones of water bodies and their coastal protective strips, approved by Decree of the Government of the Russian Federation of November 23, 1996 No. 1404.

The size and boundaries of water protection zones and coastal protective strips, as well as the mode of their use, are established based on physical and geographical, soil, hydrological and other conditions, taking into account the forecast of changes in the coastline of water bodies and are approved by the executive authorities of the constituent entities of the Russian Federation on the proposal of basin and other territorial authorities management of the use and protection of the water fund of the Ministry of Natural Resources of the Russian Federation, agreed with specially authorized state bodies in the field of environmental protection, sanitary and epidemiological supervision bodies and bodies of the Federal Border Service of the Russian Federation in accordance with their powers.

The width of water protection zones and coastal protective strips is established for rivers, oxbow lakes and lakes - from the average long-term water line to summer period; for reservoirs - from the water's edge at a normal retaining level; for the seas - from the maximum tide level; for swamps - from their border (zero depth of the peat deposit).

510 XXI. Legal Regime of Protected and Other Special Zones and Territories

For swamps in the sources of rivers, as well as for other swamps that form a runoff in the catchment area, water protection zones are established in the territories adjacent to them.

The minimum width of water protection zones is established for sections of rivers with a length from their source: up to 10 km - 50 m; from 10 to 50 km - 100 m; from 50 to 100 km - 200 m; from 100 to 200 km - 300 m; from 200 to 500 km - 400 m; from 500 km and more than -500 m. For the sources of rivers, the water protection zone is established with a radius of at least 50 m. km - 300 m, from 2 sq. km and more - 500 m. The minimum width of the water protection zones of water bodies for which forbidden forest strips have been established to protect the spawning grounds of valuable commercial fish species is taken equal to the width of these strips.

The size and boundaries of water protection zones in the territory of cities and other settlements are established based on the specific conditions of planning and development in accordance with the approved master plans.

Within water protection zones are prohibited in particular:

Placement of warehouses for fuels and lubricants, places for storage and disposal of industrial, domestic and agricultural waste, storage Wastewater;

Refueling, washing and repair of cars and other machines and mechanisms;

Placement of parking lots of vehicles;

Carrying out construction and reconstruction of buildings, structures, communications and other facilities, as well as mining, earthmoving and other works without the consent of the basin and other territorial authorities for the use and protection of the water fund of the Ministry of Natural Resources of the Russian Federation.

In coastal protective belts of water protection zones allowed placement of water supply, recreation, fishing and hunting facilities, as well as water intake, port and hydraulic structures with a license for water use.

In coastal protective zones prohibited plowing of land, logging and uprooting of forests, placement of livestock farms and camps, storage of dumps of eroded soils, movement of cars and tractors, except for special-purpose vehicles, as well as some other activities.

3. Designation and legal regime of water protection zones of water bodies 511

Plots of land within the coastal protective strips are provided for the placement of water supply, recreation, fishing and hunting facilities, water intake, port and hydraulic structures in the presence of water use licenses, which establish requirements for compliance with the water protection regime.

Coastal protective strips, as a rule, should be occupied by trees and shrubs or tinned.

Maintenance of water protection zones, coastal protective strips and water protection signs in proper condition is the responsibility of water users.

Land owners, landowners and land users, on whose lands there are water protection zones and coastal protective strips, are obliged to comply with the established regime for the use of these zones and strips.

In the border areas, the regime for the use of territories of water protection zones and coastal protective strips is established by the authorities executive power subjects of the Russian Federation on the proposal of the basin and other territorial bodies for managing the use and protection of the water fund of the Ministry of Natural Resources of the Russian Federation, agreed with the bodies of the Federal Border Service of the Russian Federation, as well as specially authorized state bodies in the field of environmental protection in accordance with their powers.

According to Art. 108 of the VK RF, construction, dredging, blasting and other works on water bodies and in their water protection zones are carried out in agreement with a specially authorized state body for managing the use and protection of the water fund.

According to the order Federal Service forestry of the Russian Federation dated March 25, 1997 No. ЗЗ 1 allocated in accordance with the Regulations on the water protection zones of water bodies and their coastal protective belts, water protection zones in the forests of the second and third

Reference legal program "Garant".

512 XXI. Legal Regime of Protected and Other Special Zones and Territories

Maintenance of water protection zones, coastal protective strips and water protection signs in proper condition is the responsibility of water users. Land owners, landowners and land users, on whose lands there are water protection zones and coastal protective strips, are obliged to comply with the established regime for the use of these zones and strips.

The establishment of water protection zones does not entail the withdrawal of land from land owners, landowners, land users or a ban on transactions with land, except as otherwise provided by law.

One of the serious environmental problems in Russia is the drying up of small rivers. This phenomenon is associated with a violation of the rules for the exploitation of coastal territories, which is expressed primarily in the cutting down of shrubs, plowing up to the water's edge, unreasonable, voluntaristic land reclamation.

The task of executive authorities is to bring to the attention of interested organizations and citizens the resolutions (decisions) on the boundaries of water protection zones and coastal strips of rivers, lakes, reservoirs and their water protection regime. State control over compliance with the procedure for establishing the size and boundaries, as well as the regime of economic and other activities within water protection zones and coastal protective belts, is entrusted to the executive authorities of the subjects of the Russian Federation, basin and other territorial authorities for the use and protection of the water fund of the Ministry of Natural Resources of the Russian Federation, specifically authorized state bodies in the field of environmental protection, state bodies for managing the use and protection of land and specially authorized forestry management bodies within their powers.

Persons guilty of violating the regime for the use of territories of water protection zones and coastal protective strips are liable in accordance with applicable law.

4. Appointment and legal regime of zones a dignity. protection of water sources ... 513

4. Purpose and legal regime of sanitary protection zones

sources of water supply and water pipelines

household and drinking purposes

The main purpose of creating and maintaining the regime of sanitary protection zones (SPZ) of water supply sources is sanitary protection from pollution of water supply sources and water supply facilities, as well as the territories in which they are located.

The creation of such zones is provided for by the Town Planning Code of the Russian Federation (Article 37), the Law on the Sanitary and Epidemiological Welfare of the Population (Article 18), Sanitary Rules and Norms SanPiN 2.1.4.027-95 “Zones for the Sanitary Protection of Water Supply Sources and Water Pipelines for Household and Drinking Purposes”, approved by the Decree of the State Committee for Sanitary and Epidemiological Supervision of the Russian Federation of April 10, 1995, which determine the sanitary and epidemiological requirements for the organization and operation of sanitary protection zones for water supply sources and drinking water pipelines.

Zones of sanitary protection of water supply sources are organized as part of three belts: the first belt ( strict regime) includes the territory of the location of water intakes, sites for the location of all water supply facilities and the water supply channel. Its purpose is to protect the water intake site and water intake facilities from accidental or intentional pollution and damage. The second and third zones (zones of restrictions) include the territory intended to prevent water pollution of water supply sources.

A fundamental decision on the possibility of organizing a ZSO should be taken at the stage of a district planning project or a master plan, when a source of water supply is selected. In the master plans for the development of populated areas, the zones of sanitary protection of water supply sources should be shown on the scheme of planning restrictions.

Within the limits of the first belt of the WSS, sanitary measures must be carried out by public utilities or other owners of water pipelines at the expense of funds provided for their construction and operation; within the second and third belts of the WZZ - by the owners of facilities that have (or may have) a negative impact on the quality of water sources of water supply.

Sanitary rules and regulations establish a list of measures that must be taken to ensure

514 XXI. Legal Regime of Protected and Other Special Zones and Territories

favorable state of the WSS, as well as prohibitions on the implementation of many types of activities.

In particular, the territory of the first belt of the WZO should be planned for the diversion of surface runoff beyond its limits, landscaped, fenced and secured. Paths to buildings must have a hard surface. Planting tall trees is prohibited.

On her prohibited all types of construction that are not directly related to the operation, reconstruction and expansion of water supply facilities, including the laying of pipelines for various purposes, the placement of residential and utility buildings, human habitation, as well as the use of pesticides and fertilizers; discharge of any wastewater, including wastewater from water transport, as well as other types of water use that affect water quality (clause 3.3.1.2).

Buildings must be equipped with a sewerage system with wastewater discharged to the nearest domestic or industrial sewerage system or to local treatment facilities located outside the first belt of the WSS, taking into account the sanitary regime on the territory of the second zone.

On the territory of the second zone of the ZSO prohibited: " felling of forests for the main use and reconstruction, as well as assigning standing timber and long-term logging fund to logging enterprises. Only thinning and sanitary felling are allowed;

The location of camps and grazing, as well as any other use of a reservoir and land, forest lands within a coastal strip with a width of at least 500 m, which can lead to a deterioration in the quality or a decrease in the amount of water from a water supply source.

In the territories of the second and third belts, drilling of new wells and new construction associated with disturbance of the soil cover is carried out with the obligatory coordination with the state sanitary and epidemiological supervision body, bodies and institutions of environmental and geological control.

The extraction of sand, gravel and dredging within the water area of the WZO are allowed in agreement with the sanitary and epidemiological supervision authority only if hydrological calculations justify the absence of deterioration in water quality in the alignment 1 km upstream (to the side) from the water intake.

5. Purpose and legal regime of the territories of urban development activities... 515

Here prohibited:

Injection of waste water into underground horizons, underground storage of solid waste and development of the bowels of the earth;

Placement of warehouses for fuels and lubricants, pesticides and mineral fertilizers, industrial wastewater storage facilities, sludge storage facilities and other facilities that cause the danger of chemical pollution of groundwater.

The placement of such objects is allowed within the third zone of the WZO only when using protected groundwater, subject to the implementation of special measures to protect the aquifer from pollution in agreement with the center of state sanitary and epidemiological supervision, bodies and institutions of state environmental and geological control.

There should be no sources of soil and groundwater pollution within the sanitary protection zone of water conduits. It is prohibited to lay water pipelines on the territory of landfills, sewage disposal fields, filtration fields, irrigation fields, cemeteries, cattle burial grounds, as well as laying main water pipelines on the territory of industrial and agricultural enterprises.

5. Appointment and legal regime of territories and objects of urban planning activities of special regulation

Requirements for territories and objects of urban planning activities of special regulation are established by the Town Planning Code of the Russian Federation. In accordance with Art. 6 of the Code, urban planning activities are subject to special regulation in cases where, without the introduction of special rules for the use of the territory, it is impossible or difficult to ensure private, public or state interests in the field of urban planning.

Territories where urban planning activities are subject to special regulation may include territories of objects of historical and cultural heritage; specially protected natural areas; territories of traditional residence of indigenous peoples; territories of free economic zones; territories exposed to natural and man-made emergencies; territories of zones of emergency ecological situations, ecological disaster; territories of depressed areas and other territories.

516 XXI. Legal Regime of Protected and Other Special Zones and Territories

Objects of urban planning activities subject to special regulation may be of federal significance, the significance of subjects of the Russian Federation and local significance. The attribution of these objects to objects of federal significance, the significance of the constituent entities of the Russian Federation and local significance is carried out on the grounds and in the manner established by the legislation of the Russian Federation and the legislation of the constituent entities of the Federation.

Settlements that are objects of urban planning activities of special regulation may include urban and rural settlements that are located in regions with extreme natural and climatic conditions or especially adverse environmental conditions due to radioactive contamination, increased seismicity, or that are exposed to natural and man-made emergencies .

Special regulation urban planning activities in the territories and settlements carried out through:

Introduction of special state standards, state urban planning norms and rules;

Introduction of a special procedure for the development, coordination and approval of urban planning documentation;

Issuance of special building permits.

In accordance with Art. 9 of the Town Planning Code of the Russian Federation, the requirements for the safety of territories and settlements and their protection from the impact of natural and man-made emergencies are established by regulatory legal acts of the Russian Federation, as well as regulatory and technical documents of federal bodies for architecture and urban planning, federal bodies for environmental protection, sanitary and epidemiological supervision , civil defense, prevention and liquidation of emergency situations, land resources and land management, protection of subsoil, water, atmospheric air, soil, regulatory and technical documents of other federal bodies of state control and supervision, regulatory legal acts of the constituent entities of the Federation (clause 2).

For territories and settlements exposed to natural and man-made emergencies, special schemes and projects for the protection of territories and settlements from these impacts are developed in accordance with the requirements provided for in paragraph 2 of Art. nine.

Article 10 of the Code regulates the provision of compliance with the requirements of protection during the implementation of urban planning activities

5. Appointment and legal regime of the territories of urban planning activities ... 517

environment and sanitary regulations. Owners, owners, users and tenants of land plots and other real estate objects, when carrying out urban planning activities, must comply with the requirements for environmental protection and environmental safety provided for by urban planning documentation, as well as sanitary rules.

Territories contaminated with chemical and biological substances, harmful microorganisms above the maximum permissible concentrations, radioactive substances in quantities above the maximum permissible levels, in cases where the residence of the population and the implementation of economic and other activities in such territories pose a threat to human health, are subject to conservation and special treatment in the procedure established by the legislation of the Russian Federation on environmental protection. The relevant requirements are established by the Regulations on the procedure for the conservation of degraded agricultural lands and lands contaminated with toxic industrial waste and radioactive substances, approved by the Decree of the Government of the Russian Federation of August 5, 1992 No.

Depending on the degree of pollution and the method of improvement of these territories, a special regime for their use may be introduced or a different functional purpose may be established. In cases where state or public interests require the implementation of economic and other activities in environmentally unfavorable territories, temporary residence of the population in such territories is allowed with the establishment of special regulation of urban planning activities in accordance with urban planning documentation.

The Town Planning Code of the Russian Federation provides for zoning of territories to ensure a favorable living environment, protect territories from the impact of natural and man-made emergencies; prevention of excessive concentration of population and production, environmental pollution; protection and use of specially protected natural territories, including natural landscapes, territories of historical and cultural objects, as well as agricultural lands and forest lands.

According to Art. 37 of the Code in the development of urban planning documentation on urban planning for the development of the territory

518 XXI. Legal Regime of Protected and Other Special Zones and Territories

thoriums and settlements and on their development, zoning schemes for territories are being developed that determine the type of use of territories and establish restrictions on their use for urban planning activities.

Restrictions for the use of territories for the implementation of urban planning activities are established:

In the zones of protection of historical and cultural monuments, historical and cultural complexes and objects, protected areas;

In zones of specially protected natural territories, including districts of sanitary (mountain and sanitary) protection;

In sanitary, protective and sanitary protection zones;

In water protection zones and coastal protective strips;

In zones of sanitary protection of water supply sources;

In zones of occurrence of minerals;

In territories exposed to natural and man-made emergencies;

In zones of emergency ecological situations and ecological disasters;

In areas with extreme natural and climatic conditions;

In other zones established in accordance with the legislation of the Russian Federation and the legislation of the subjects of the Federation.

In accordance with Art. 40 of the Code in the territories of urban and rural settlements, recreational zones can be established. Recreational zones are intended for organizing recreational areas for the population and include parks, gardens, urban forests, forest parks, beaches, and other objects. Recreational zones may include specially protected natural areas and natural objects. On the territories of recreational zones, construction and expansion of existing industrial, communal and storage facilities that are not directly related to the operation of recreational and recreational facilities are not allowed.

6. Purpose and legal regime of territories of traditional nature management

Territories of traditional nature management are a new variety of specially protected natural territories in the environmental practice of the Russian Federation. They began to be created in the 90s. as a manifestation of the democratization of state power and in the context of the rule of law.

6. Designation and legal regime of territories of traditional nature management 519

The provisions on traditional nature management are a form of legal mediation of customs as regulators of relations for nature protection and rational nature management, which were formed in society long before the appearance of modern written rules. The customs of small peoples still remain the regulators of social relations, if such customs do not contradict the legislation of the Russian Federation and the legislation of the subjects of the Federation.

The provisions on the territories of traditional nature management are provided for by many laws - the Land Code of the Russian Federation, the Forest Code of the Russian Federation, the Law on Wildlife, etc.

The system of general provisions in this area is established by the Federal Law of May 7, 2001 “On the Territories of Traditional Nature Management of the Indigenous Minorities of the North, Siberia and Far East Russian Federation".

Territories of traditional nature management are specially protected natural territories formed for the traditional use of nature and the traditional way of life of the indigenous peoples of the North, Siberia and the Far East of the Russian Federation. Traditional nature management is historically established and non-exhaustive nature management methods of using objects of flora and fauna, other natural resources by the indigenous peoples of the North, Siberia and the Far East of the Russian Federation.

Territories of traditional nature management, taking into account the peculiarities of their legal regime, are classified as specially protected natural territories of federal, regional and local significance.

The law regulates the procedure for the formation of territories of traditional nature management of federal, regional and local significance. The formation of territories of traditional nature management of federal significance is carried out by decisions of the Government of the Russian Federation in agreement with the state authorities of the relevant subjects of the Russian Federation on the basis of applications from persons belonging to small peoples and communities of small peoples or their authorized representatives. The formation of territories of traditional nature management of regional significance is carried out by decisions of the executive authorities of the constituent entities of the Russian Federation on the basis of applications from persons belonging to small peoples and communities of small peoples or their authorized representatives. Educational

520 XXI. Legal Regime of Protected and Other Special Zones and Territories

Territories of traditional nature management of regional significance, located on the territories of several constituent entities of the Russian Federation, are determined by decisions of the executive authorities of the relevant constituent entities of the Russian Federation.

The formation of territories of traditional nature management of local importance is carried out by decisions of local governments on the basis of applications from persons belonging to small peoples and communities of small peoples or their authorized representatives. The formation of territories of traditional nature management of local importance, located on the territories of several municipalities, is carried out by decisions of local governments of the relevant municipalities.

The sizes of territories of traditional nature management are determined taking into account the following conditions: maintenance of populations of plants and animals sufficient to ensure the renewability and conservation of biological diversity; the possibility of implementation by persons belonging to small peoples, various types of traditional nature management; preservation of historically established social and cultural ties of persons belonging to small peoples; preservation of the integrity of objects of historical and cultural heritage. The boundaries of the territories of traditional nature management of various types are approved, respectively, by the Government of the Russian Federation, executive authorities of the subjects of the Federation, and local governments.

The Government of the Russian Federation, executive authorities of the constituent entities of the Federation, local governments inform the population about the formation of territories of traditional nature management.

In the territories of traditional nature management, the following parts can be distinguished:

Settlements, including those of temporary significance and non-permanent composition of the population, stationary dwellings, camps, camps of reindeer herders, hunters, fishermen;

Plots of land and water space used for traditional nature management and traditional way of life, including reindeer pastures, hunting and other lands, areas of sea waters for fishing and sea animals, collecting wild plants;

Objects of historical and cultural heritage, including places of worship, places of ancient settlements and burial places

6. Designation and legal regime of territories of traditional nature management 521

ancestors and other objects of cultural, historical, religious value;

Other parts of the territories of traditional nature management, provided for by the legislation of the Russian Federation and the legislator *> art ~ vom of the subjects of the Federation.

The legal regime of the territories of the traditional nature field! 30 "Vaniya is established by the provisions on the territories of traditional nature management, approved respectively by the Government of the Russian Federation, executive authorities of the constituent entities of the Federation, local governments with the participation of indigenous peoples, and communities of indigenous peoples or their authorized representatives. Land plots and other isolated natural objects located within the boundaries of the territories of traditional nature management are provided to persons belonging to small peoples and communities of small peoples for use free of charge. In case of withdrawal of land plots and other isolated natural objects located within the boundaries of the city, territories of traditional nature management, for state or municipal needs, persons belonging to small peoples and communities of small peoples are provided with equivalent land plots and other natural resources. th objects, as well as indemnified for losses caused by such and: yatiya.

The law establishes requirements for the use of natural resources located in the territories of traditional use, and for the protection of the environment. Thus, the use of natural resources located in the territories of traditional nature management, to ensure the maintenance of a traditional way of life, is carried out by persons belonging to small peoples and communities of small peoples in accordance with the legislation of the Russian Federation, as well as the customs of small peoples. Persons who do not belong to small peoples > but permanently residing in the territories of traditional natural resources use natural resources for personal needs, if this does not violate the legal regime of the territories of traditional nature management.

The use of natural resources located in the territories of traditional nature management by citizens ^ and legal entities for entrepreneurial activities is allowed if the specified activity is not ne-RU "shaws the legal regime of territories of traditional nature management"

522 XXI. Legal Regime of Protected and Other Special Zones and Territories

calling. On land plots located within the boundaries of territories of traditional nature management, easements may be established in accordance with the legislation of the Russian Federation, if it does not violate the legal regime of territories of traditional nature management.

Environmental protection within the boundaries of the territories of traditional nature management is provided by the executive authorities of the Russian Federation, executive authorities of the constituent entities of the Federation, local governments, as well as persons belonging to small peoples and communities of small peoples.