Green zone in the city. Green areas of cities. Forests of green zones of cities and types of farms in them. The concept of recreation

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

On approval of the Regulations on the definition of functional areas in forest park zones ah, areas 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 (Collection of Legislation Russian Federation, No. 7, February 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

1. This Regulation establishes the procedure for determining the functional zones in the 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 can be established on the lands of the forest fund, 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, 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.

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.

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 case of the development of project documentation by order of the body state power of the 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) 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.

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 authority local government urban, rural settlement, urban district, within the boundaries of which green zones or forest park zones are established, until the decision on its approval is taken 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.

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, and its 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.

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).

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

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.

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 of Natural Resources and Ecology of the Russian Federation.

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.

(see text in previous edition)

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.

(see text in previous edition)

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

a) information about 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.

(see text in previous edition)

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.

(see text in previous edition)

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 the prescribed manner, relevant information into the state forest register.

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Green Zone

They opened a case of an administrative offense: parking a car in a green area near a kindergarten. In fact, the territory of the garden is another 5 meters. The car is on the side of the road under the windows of our house. At this place there is a hatch with Eng. communications and covered with gravel. The site is not fenced, not marked with a border. There are no signs or signs. We've been parking there for 30 years. They handed over the protocol, the trial is ahead. What to refer to in a statement or complaint.

Hello, during the administrative proceedings, you need to attach documents, explanations, from the content of which it will follow that your vehicle did not stand exactly in the "green zone", thus you need to create doubts about your guilt, and all doubts are in our favor person against whom administrative proceedings are being conducted.

The district police officer photographed the car in the green zone, this "green zone" is located to the right of the entrance to the neighbor's garage and is located on his neighbor's private territory, is this legal?

Are you sure that this green zone is owned by a neighbor, and does not belong to the administration? If it is owned by a neighbor, then you can provide copies of documents during the proceedings so that you are not held liable for damaging the "green zone", of course, if it was not the neighbor who made a report against you.

Received an email fine for parking in a green zone. There is no photo violation. I thought, as usual, I was wrong. Now the fine is already 3000 and the bailiffs are on their heels. Where to go, who to contact. What if it wasn't my car at all?

Has enforcement proceedings already begun? What are the details for paying the fine? Check if this fine is on the website of public services, if there is a similar enforcement proceeding in the bank of enforcement proceedings. If this information is not confirmed, do not pay any money. I have come across similar cases. Often these are scams.

Hello Hope! Unfortunately, if the case is already with the bailiffs, then the deadlines for appealing have already expired and you will have to pay this fine.

We live in a green zone, with a long-term infrastructure (playgrounds, parking, gazebos, shelter tents), the administration wants to demolish everything and roll it under the asphalt, regardless of the opinion of our TSN. How to fight? What laws are on the side of tsn.

There are plenty of legislative norms... However, in this situation there is very little information. In addition, the above does not apply to infrastructure. Apply to the court with an administrative claim.

What does it mean to be in the green zone?

The green zone is a protected area. Depending on what situation you are in.

Got on email notification of a fine for parking in the "green zone". The two photos of the car were taken just a few seconds apart. Can I appeal this decision? Sincerely, Alexey.

Yes, you can. In accordance with Art. 30. 1 of the Code of Administrative Offenses of the Russian Federation.

Certainly. By virtue of Part 1 and 4 of Art. 1.5 of the Code of Administrative Offenses of the Russian Federation, a person is subject to administrative liability only for those administrative offenses in respect of which his guilt has been established. Irremovable doubts about the guilt of a person brought to administrative responsibility shall be interpreted in favor of this person. The provisions of Part 1 of Art. 2.6.1 of the Code of Administrative Offenses of the Russian Federation, it is established that administrative liability for administrative offenses in the region traffic in the event of their fixation by special technical means operating in automatic mode, having the functions of photo and film shooting, video recording, or by means of photo and film shooting, video recording, the owners (owners) of vehicles are involved. In accordance with part 2 of this article, the owner (owner) vehicle shall be released from administrative liability if, during the consideration of a complaint against a decision on a case on an administrative offense, issued in accordance with Part 3 of Article 28.6 of this Code, the data contained in it that at the time of fixing the administrative offense the vehicle was in possession or in the use of another person or present moment out of his possession as a result of illegal actions of other persons.

They sent a fine from MADI in the amount of 3000 tons of parking in the wrong place or in the green zone, the place is indicated Moscow. Neither the address nor the day of the violation is indicated. What to do? I don't even know where it happened.

Do not agree to appeal through the court write a complaint.

I received a fine that I parked the car on the green zone.

Well, what is the question then?

You can appeal this penalty.

We received fines for parking in the green zone near the house (the house is 60 years old, residents park there all their lives, there is no green zone there, only a few trees grow, there are no fences or parebriki) BUT we have a cooperative house and, according to the documents, the adjacent territory is a private territory . Was there a reason for the administration to issue a fine, to take photographs of someone else's property? And no notifications come with a photo report of "offenses"

The administration has reason to issue a fine and fix the offense. In this case, this is not considered as fixing someone else's property. Notification with a photo report will not come. You should receive a notification from the administrative commission about the date, time and place of consideration of your case, and everything will be provided to you there. In this case, they are guided by the scheme of the city. Even if this zone is no longer green, but on paper it is a green zone, a fine will be issued.

Is the distance between the curb and the fence a green zone if the distance is thirty centimeters.

Is the distance between the curb and the fence a green zone if the distance is thirty centimeters. Is an. It's meant for that. And its size does not matter. It is clear that if this is a see, then no.

Any chance of challenging a Green Zone parking fine? What happens if you don't pay at all?

Hello. Of course, but you need to understand exactly where you parked your car, what kind of proof the traffic police has and how long ago you received the decision. Do you have any documents on hand? A photo? Video? If you don't pay the fine at all, the municipality will have 2 years to hold you accountable. They can transfer it to the bailiffs and the fine will be collected without your participation from any of your accounts. Or they may not pass it on, I can’t say what it depends on, in different cities, at different times of the year, the practice is completely different.

In general, I received fines for the green zone, but the problem is that they have been since May, but there were no notifications and they were not on the traffic police website, in August last time I looked empty, and now I received an SMS supposedly already in court, and fines appeared on the site. I don't understand what to do.

So you go to court and get acquainted with the materials of the case, if it really exists, most likely you are being attracted under Article 20.25 of the Code of Administrative Offenses of the Russian Federation. ) (as amended and supplemented, entered into force on September 26, 2018) Code of Administrative Offenses of the Russian Federation Article 20.25. Evasion of execution of administrative punishment 1. Failure to pay an administrative fine within the period provided for by this Code - shall entail the imposition of an administrative fine in the amount of twice the amount of the unpaid administrative fine, but not less than one thousand rubles, or administrative arrest for up to fifteen days, or compulsory work for up to fifty hours. (as amended by Federal Laws No. 226-FZ of 18.07.2011, No. 49-FZ of 05.04.2013) (see the text in the previous version) Federal Law No. 62-FZ of April 22, 2013) (see the text in the previous edition) entails administrative arrest for a term of up to fifteen days or compulsory labor for a term of up to fifty hours. (as amended by Federal Law No. 49-FZ of 05.04.2013) (see the text in the previous edition) Russian Federation - shall entail the imposition of an administrative fine in the amount of three thousand to five thousand rubles and administrative expulsion from the Russian Federation. (As amended by Federal Law No. 207-FZ of July 23, 2013)

Received a letter with a resolution on a fine for parking on the green zone (in the yard). But the device "Dozor", with which the shooting was carried out, shows the coordinates of the neighboring yard. That is, the real place of shooting does not match the readings of the device. Is it possible and worth it to try to appeal against such a decision. Thanks.

Good afternoon Rifat. In this case, you can try to appeal against the decision made. there are inconsistencies. Sincerely, AA "AB LEGAL PROTECTION"

You can appeal this decision, since the protocol on an administrative offense is inadmissible evidence, the place of the offense is incorrectly indicated.

Should there be a green zone or (buffer zone) between two adjacent SNTs.

If the question is whether the legislation provides for the mandatory creation (observance) of such a zone, then no, it does not.

Can a neighbor cut down a tree a couple of centimeters from my site (a green zone begins behind the fence). Should he let me know? What documentation does he need?

Dear Ekaterina! Good! If the memory is owned by a neighbor, he does not need anything. Just cut down and be done with it. Your neighbor is also not required to inform you about this. Everything that he wrote is relevant, unless the tree is listed in the Red Book.

Is it legal to issue a fine for parking on the AMI green zone without a protocol from a police officer?

Of course, it is illegal and an illegal fine should be appealed. You have 10 days to do this from the date of receipt of a copy of the decision under Art. 30.3 of the Code of Administrative Offenses of the Russian Federation.

Yes, this is their area of expertise. It can be appealed in the manner prescribed by Chapter 30 of the Code of Administrative Offenses of the Russian Federation to a higher court (district, if at first instance the case was considered by a world court; regional or equal court, if the case was considered at first instance by a district or equal court) at the place of consideration of the case directly or by filing a complaint through the person, body that issued the decision within 10 days from the date of receipt of the decision. When filing a complaint, mark your copy.

We walked with our grandson (5 years old) and our dog of the Yorkshire terrier breed along the paths of the green park area on the inter-house territory, our dog was about one meter away from us. A woman with a large Staffordshire terrier was heading towards us (the dog was without a muzzle), the woman approached us and Staffordshire attacked our dog, rushed to the dogs, trying to save her own, but the owner of the Staffordshire, despite the screams, pulled the dog three times and again let him go, who threw himself on our grandson lying on the dog, seeing all this, hysterically screaming and crying. Only after repeated screams did the woman pull her dog away and I managed to lift mine off the ground, which was covered in blood and did not move. The grandson had a nervous breakdown, now he is afraid of big dogs and refuses to walk in the park, he does not sleep well at night. In the vet. The clinic found that our Yorkie had a complex, comminuted fracture of the left paw, a damaged chest and very deep wounds from the fangs of a fighting dog. The owner of a fighting dog does not even think about any apologies and the like, because. considers that he has the right to walk after 21.00 with his dog without a leash and a muzzle. Three days have passed, each visit to the veterinarian costs 5,000 rubles, tomorrow the operation costs 30,000 rubles, and I hope that further treatment will be successful. What to do?

In order. 1. Establish personal data of the owner of the dog, including full name. and residential address. 2. Collect all documents about the treatment and the composition of financial expenses (checks, receipts, etc.). 3. Gather witnesses to the incident. 4. If a child is stressed, contact a child psychologist, collect and store documents upon treatment, with a diagnosis and medical prescriptions. 5. It will not hurt to contact the police in order to document the incident. 6. Apply to the court at the place of residence of the defendant with a claim (or claims, if the owner of the dog, for example, you) for reimbursement of expenses for treatment and recovery of compensation for moral damage. But the proper plaintiff in a claim in the interests of the child (on compensation for moral damage) in any case will be one of the child's parents (as his legal representative).

Which flock (regulation) provides for administrative responsibility for parking in a green zone (lawn, park) other than Moscow, etc.

Valery! In your case, this responsibility is provided in the Rules for the improvement of the city of Vladivostok for violation of which administrative liability in the form of a fine is provided.

They independently occupied the green zone of the private sector, the house was owned, everything was ennobled, they imposed a fine, the zone near the roadway was removed, the fence was removed, and that there will be a parking lot, it’s very insulting, my husband and I, pensioners, are very insulting to use the site from the day we were born, i.e. 68 years old.

Good evening. Dear Elena, in this case, it does not matter how much you use this land. You have no right to occupy someone else's property and use it. As far as I understand, this is the property of the municipality, respectively, the municipality has the right to dispose of its property as it wants.

Tell me how many meters from the fence I can make a green zone from the side of the street.

Good afternoon, the street itself, that is, the roadway, plus the sidewalk, a total of five meters, no closer, otherwise they can impose a fine, no closer.

A notice came from the housing department that my car was parked in a green zone (land without asphalt, without greenery, does not bother anyone, the car is 30 meters from the entrance). There are no parking spaces in the yard. Do the housing departments have the right to call us to their place to sign the protocol, he is a wreck and issue a fine?

Good day! NO, of course it has no right - the housing department is not entitled to draw up a protocol on an administrative violation Good luck to YOU! Always happy to help

Good day to you. ZhEU does not have the right to draw up administrative protocols, as well as the right to impose administrative fines. Good luck and all the best.

Good day. If there are no plantings on this territory, then this is not considered a green zone. Unless, of course, plant seeds have been sown in this land. A fine can be issued and collected only by a police officer, and not by employees of the housing department.

In June 2016, a fine for parking in the green zone came in the amount of 2,500 rubles. Issued NOT traffic police.
I did not pay it, because. considered it the business of the federals, not the municipalities. Now in October it was decided to pay this fine within 5 days. What to do?
Thank you in advance!

Good afternoon, we are apparently talking about a fine previously issued by UATI - these fines were recognized by the Supreme Court as illegal and subject to cancellation, go to court and appeal.

About the green zone. How is the green zone limited? And is overgrown weeds a green zone?

Green zone - the territory of the forest fund located outside the city limits, occupied by forests, forest parks, which is a place of recreation for the population

Hello, there is no green zone between our plots and the main road in SNT. 5 years ago, my neighbors and I wrote letters to the chairman about permission to move the fence 2.5 meters beyond the conditional border of the ditch in order to protect ourselves from cars. The answer received orally what can be endured. Now the chairman has changed and a survey of common lands has been carried out, and according to the chairman, he will refuse to carry out a survey of his plots, because we removed the fence. Can we demand the assignment of the road and the allocation of a green zone to our sites, and if so, on the basis of what law? Thanks.

Good day The chairman of your garden partnership should not decide such things, because this land belongs to the state represented by the administration. Good luck to you. Anna Titova.

I wrote a statement to the police about illegal parking of cars in the green zone under the window. The police submitted the application to the administration for consideration, which will last for 2 months. And the cars are parked. Can I file a police report again? How to deal with it?

Good day! Of course, you can report it to the police. You can apply multiple times, there are no restrictions.

I was issued a fine for parking in a green zone, how can I challenge it? I filed a complaint, the decision came without changes, what should I do?

A complaint against a Resolution on an administrative offense is filed with the district court at the place where the alleged offense was committed or at your place of residence in accordance with Article 30.1 of the Code of Administrative Offenses of the Russian Federation.

Wrote a statement to the police about illegal parking in the green area at the back of the house. It's been 5 days and nothing has changed. Machines as put and put. How long will it take for the police to make a decision?

Elena, good afternoon, the verification material is considered for 3 days, with an extension of up to 10, and later up to 30 days. So, if you do not receive an answer within a month, write a complaint to the prosecutor's office.

Good afternoon! But in any case, you should be given an answer on the application, you can wait until a month will pass, if there is no reaction, then you have the right to file a complaint with the prosecution authorities, on the basis of Art. 10 of the Federal Law on the Prosecutor's Office, let them understand this issue.

The presence of "green zones" around settlements has recently become a stumbling block and a reason for discussion of public figures who are not indifferent to the ecology of the region. It is worth turning to specialists to understand what “green zones” are, whether they exist at all in the Omsk region, and if so, who and how allocates them.

Explains Olga Sharapova, First Deputy Head of the Main Department of Forestry Omsk region:

The very concept of "green zones" is a forestry term that implies a certain essence. It is often confused with the concept of "areas of forests around rural settlements and garden associations." Let's figure it out.

According to the intended purpose, forest areas are divided into protective and operational - the names speak for themselves. Protective forests are divided into different categories, and one of them is "green zones", which are located around settlements.

In addition, in protective and exploitation forests, especially protective forest plots (OSU) can be allocated with some restrictions on forest use. RAM, in turn, is also divided into categories depending on the location. For example, around the settlements of OZU are called "areas of forests around rural settlements and garden associations." By law, both “green zones” and “forest sites around rural settlements and gardening associations” can be leased. However, these are two different concepts.

How are the categories considered determined? According to the current legislation, the boundaries of the categories of protective and operational forests are determined only during forest management, which is carried out by the Federal State Budgetary Institution "Roslesinforg", which has the necessary specialists, equipment and has the appropriate licenses. FGBU "Roslesinforg" acts in accordance with the Forest Inventory Instruction approved by the order of the Ministry of Natural Resources of Russia. Further, on the basis of the received forest inventory information, the work is carried out by forestry specialists.

Thus, according to the Forest Inventory Instruction, the area of the "green zone" is determined depending on a number of parameters, including the population of the corresponding settlement. The standards for determining the area of the "green zone" are established by the Ministry of Natural Resources of Russia. If the characteristic of the settlement does not meet these standards, then the "green zone" cannot be allocated. For such cases, the definition of "forest sites around rural settlements and garden associations" is provided - within a radius of 1 km, according to the Forest Inventory Instruction. Thus, the establishment of the boundaries of "green zones" and especially protective areas of forests is determined by federal legislation and cannot be changed by the subject of the Russian Federation.

Parking a vehicle on the lawn and within the green zone is an illegal action. 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 site 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.