Categories and types of specially protected natural areas

General Provisions

Categories and types of specially protected natural territories (SPNT) represent a crucial element of the legal mechanism for environmental protection, aimed at preserving unique natural complexes and biodiversity.

According to legislation, the following categories are distinguished: state natural reserves, national and natural parks, state nature sanctuaries, monuments of nature, as well as dendrological parks and botanical gardens.

Each of them has a special legal regime and level of protection.

Protected Natural Territories (PNT) may have federal, regional, or local significance, which determines the specifics of management and control.

The strictest regime is established for nature reserves, where economic activities are completely prohibited, whereas national and natural parks allow limited use of territories for recreational purposes.

Legislation also provides for the possibility of creating other categories of territories, including zones of traditional land use.

In combination, the system of protected natural territories (PNT) ensures conservation of natural heritage, maintenance of ecological balance and creation of conditions for sustainable development.

According to Article 2 of the Federal Law "On Particularly Protected Natural Territories", taking into account the specific regime of particularly protected natural territories, the following categories of these territories are distinguished: a) state natural reserves, including biosphere reserves; b) national parks; c) natural parks; d) state natural sanctuaries; e) [monuments](/enc/18956/

"Definition of the concept 'Monuments' in the legal encyclopedia") nature; e) dendrological parks and botanical gardens.

Laws of the subjects of the Russian Federation may establish other categories of specially protected natural territories of regional and local significance. For example, specially protected natural territories are recognized as territories of traditional nature use of indigenous small-numbered peoples of the North, Siberia, and the Far East of the Russian Federation¹. Until recently, specially protected natural territories were also considered

therapeutic and health resorts². However, classifying these territories as specially protected natural areas has sparked discussions in scientific literature. For example, according to E.A. Galinovskaya, it is difficult to consider therapeutic and health resorts as purely territories with a nature conservation purpose³. Alongside other categories of specially protected natural areas, the Baikal Natural Territory holds significant importance.

Protected Natural Areas may have federal, regional, or local significance and be under the jurisdiction of respectively federal executive authorities, executive authorities of the subjects of the Russian Federation, and local self-government bodies. Dendrological Parks and Botanical Gardens may be under the jurisdiction of state scientific organizations and state higher educational institutions.

education⁴.

State Natural Reserves, Including Biosphere Reserves

General Provisions on State Natural Reserves

State natural reserves belong to specially protected natural territories of federal importance. Within the boundaries of state natural reserves natural environment is preserved in its natural state, and economic and other activity is completely prohibited, except for cases provided for by the Federal Law "On Specially Protected Natural Territories."

Natural resources and real estate, located within the boundaries of state nature reserves, are federal property and are excluded from civil circulation, unless otherwise provided by federal laws.

Regulation on the state natural reserve is approved by the federal executive authority responsible for it (Article 6 of the Federal Law "On Particularly Protected Natural Areas").

Special Protection Regime of Territories of State Natural Reserves

The special protection regime for territories of state natural reserves is defined by Article 9 of the Federal Law "On Particularly Protected Natural Territories." According to this article, on territory of a state natural reserve, any activity contrary to the objectives of the state natural reserve and the special protection regime of its territory, established in the charter of this state natural reserve, is prohibited.

in natural reserves. On the territories of state natural reserves, the introduction of living organisms for their acclimatization is prohibited.

On the territories of state natural reserves, activities and activity aimed at: a) preserving natural complexes in their natural state, restoring and preventing changes to natural complexes and their components as a result of anthropogenic impact; b) maintaining conditions ensuring sanitary and fire safety; c) preventing conditions capable of causing natural disasters threatening human life and populated areas; d)

carrying out state environmental monitoring (state monitoring of the environment); d) carrying out scientific research tasks; e) conducting environmental education activities and developing educational tourism; f) carrying out state supervision in the field of protection and use of specially protected natural territories.

In state natural reserves, areas may be designated where any human intervention in natural processes is excluded. The sizes of these areas are determined based on the need to preserve the entire natural complex in its natural state.

On specially designated areas of partial economic use, not including particularly valuable ecological systems and objects for whose preservation the state natural reserve was established, activities aimed at ensuring the functioning of the state natural reserve and the livelihoods of citizens residing on its territory, carried out in accordance with the approved individual regulation for this area, are permitted.

state natural reserve

Stay on the territories of state natural reserves by physical persons who are not employees of federal state budgetary institutions managing state natural reserves, nor officials of the federal executive body under whose jurisdiction state natural reserves fall, is allowed only with the presence of a permit from federal state budgetary institutions managing state natural reserves or the federal executive body.

authorities in charge of state natural reserves.

For visiting the territories of state natural reserves by individuals for educational tourism purposes, a fee is collected by federal state budgetary institutions responsible for managing state natural reserves. The procedure for determining this fee is established by the federal executive authority overseeing state natural reserves.

National Parks

General Provisions on National Parks

National Parks (https://enc/14151/ "Definition of the term 'National Parks' in the legal encyclopedia") belong to particularly protected natural territories of federal significance. Within the boundaries of national parks, zones are designated where the [natural environment](/enc/24461/ "Definition of the term 'Natural Environment' in the legal encyclopedia) is preserved in its natural state and any activity not provided for by the Federal Law "On Particularly Protected Natural Territories" is prohibited, as well as zones where economic and other activities are restricted in order to preserve objects of natural and cultural heritage and their use in

for recreational purposes.

Natural resources and immovable property, located within the boundaries of national parks and owned by the federal state, are removed from civil circulation, unless otherwise provided for by federal laws.

It is prohibited to change the intended use of land plots located within the boundaries of national parks, except in cases provided for by federal laws.

Regulation on the national park is approved by the federal executive authority under whose jurisdiction it falls (Article 12 of the Federal Law "On Particularly Protected Natural Territories").

Special Protection Regime for Territorial Areas of National Parks

The special protection regime for territories of national parks is determined by Article 15 of the Federal Law "On Specially Protected Natural Territories." According to this article, zoning of the territory of a national park is carried out in order to establish the regime of the national park⁵. The differentiated special protection regime (functional zoning[/enc/8236/ "Definition of the term 'Functional Zoning' in the legal encyclopedia"]) of national parks is established by the authorized federal executive body. Reduction of the area of the reserve zone and the area of the specially protected zone is not allowed.

On the territories of national parks, any activity that may cause damage to natural complexes and objects of flora and fauna, cultural-historical objects, and which contradicts the objectives and tasks of the national park is prohibited.

Issues related to the socio-economic activities of business entities, as well as development projects for populated areas located on the territories of the relevant national parks and their protected zones, are coordinated with federal executive authorities in the field of environmental protection.

Stay on the territories of national parks (excluding areas located within the boundaries of inhabited places) by physical persons who are not employees of federal state budgetary institutions managing national parks or officials of the federal executive authority responsible for national parks is allowed only with a permit from the federal state budgetary institution managing the national park or the federal executive authority,

in whose management are located national parks.

A fee is charged for physical persons visiting territories of national parks (excluding areas located within the boundaries of populated places) for tourism and recreation purposes by federal state budgetary institutions managing national parks. The procedure for determining this fee is established by the federal executive body responsible for national parks.

Natural Parks

General Provisions on Natural Parks

Natural parks are particularly protected natural territories of regional importance, within the boundaries of which zones with ecological, cultural or recreational purposes are designated, and accordingly prohibitions and restrictions on economic and other activities are established.

Natural resources, located within the boundaries of nature parks, are restricted in civil circulation unless otherwise provided for by federal laws. It is prohibited to change the intended use of land plots situated within the boundaries of nature parks, except in cases provided for by federal laws.

Regulation on a nature park is adopted by the decision of the highest executive body of the state authority of a subject of the Russian Federation (Article 18 of the Federal Law "On Particularly Protected Natural Territories").

Special Protection Regime for Territories of Nature Parks

The special protection regime for natural park territories is defined by Article 21 of the Federal Law "On Particularly Protected Natural Territories." According to this article, different special protection regimes and usage modes are established on natural park territories depending on the ecological and recreational value of natural areas. Based on this, nature conservation, recreational, agricultural, and other functional zones, including zones

Protection of historical and cultural complexes and objects.

On the territories of natural parks, activities leading to changes in the historically established natural landscape, reduction or destruction of ecological, aesthetic and recreational qualities of natural parks, violation of the maintenance regime of historical and cultural monuments are prohibited. Within the boundaries of natural parks, certain types of activities may be prohibited or restricted, leading to reduction of ecological, aesthetic, cultural and recreational [values](/enc/23562/ "Definition of the term 'Values' in

"(legal encyclopedia) their territories."

Specific features, zoning, and regime of each natural park are determined by the regulatory act on this natural park, adopted by the state authorities of the respective subjects of the Russian Federation in accordance with coordination with the federal executive authority responsible for environmental protection and the relevant local self-government bodies.

In cities of federal significance, Moscow and St. Petersburg, the powers of local self-government bodies of intra-city municipal formations regarding participation in coordinating provisions on natural parks are determined taking into account the special features of local self-government organization provided by federal law in cities of federal significance.

State Natural Reserves

General Provisions on State Natural Reserves

State natural reserves are territories (aquatic areas) having special significance for preserving or restoring natural complexes or their components and maintaining ecological balance. Declaration of a territory as a state natural reserve is permissible both with and without removal from users, owners, and landowners.

State Nature Reserves may be of federal or regional significance. State nature reserves of federal significance are under the jurisdiction of the federal executive body authorized by the Government of the Russian Federation. Management of state nature reserves of federal significance is carried out by federal state budgetary institutions, including those responsible for managing state nature reserves and national parks. Subordination and procedures

The financing of organizations authorized by the organs of state power of the subjects of the Russian Federation to manage state natural reserves of regional significance is determined by the corresponding organs of state power of the subjects of the Russian Federation. To ensure the functioning of state natural reserves, their administrations are established.

State natural reserves may have different profiles, including: a) complex (landscape), intended for the preservation and restoration of natural complexes (natural landscapes); b) biological (botanical and zoological), intended for the preservation and restoration of rare and endangered species of plants and animals, including valuable species in economic, scientific, and cultural terms; c) palaeontological, intended for the preservation of fossil objects; d) hydrological (wetland, lake, river, marine), intended for the preservation and restoration of valuable water bodies and

ecological systems; d) geological, intended for the preservation of valuable objects and complexes of inanimate nature (Article 22 of the Federal Law "On Particularly Protected Natural Territories").

Special Protection Regime for Territories of State Natural Reserves

The special protection regime for territories of state natural reserves is determined by Article 24 of the Federal Law "On Particularly Protected Natural Territories." According to this article, any activity that contradicts the objectives of establishing state natural reserves or causes harm to natural complexes and their components is permanently or temporarily prohibited or restricted on the territories of state natural reserves.

The tasks and peculiarities of the special protection regime for the territory of a specific federal-level state natural reserve are determined by the regulatory provisions on it, approved by the federal executive authority in the field of environmental protection. The tasks and peculiarities of the special protection regime for a specific regional-level state natural reserve are determined by the executive authorities of the Russian Federation subjects that have adopted a decision to establish this state natural reserve.

On the territories of state nature reserves where small ethnic communities reside, the use of natural resources is permitted in forms ensuring the protection of the traditional habitat of these ethnic communities and the preservation of their traditional way of life.

Owners, holders, and users of land plots located within the boundaries of state natural reserves are obliged to comply with the established special protection regime in state natural reserves and bear administrative, criminal, and other liabilities established by law for its violation.

Natural Monuments

General Provisions on Natural Monuments

Natural monuments are unique, irreplaceable, valuable natural complexes and objects of natural and man-made origin in ecological, scientific, cultural, and aesthetic terms. Natural monuments may be of federal or regional significance (Article 25 of the Federal Law "On Particularly Protected Natural Areas").

Special Protection Regime for Territories of Natural Monuments

The special protection regime for natural monuments is defined by Article 27 of the Federal Law "On Protected Natural Territories". According to this article, all activities that may lead to violation of the preservation of natural monuments are prohibited on territories where natural monuments are located and within the boundaries of their protective zones. Owners, holders, and users of land plots where natural monuments are located

of nature, assume obligations to ensure the special protection regime for natural monuments.

Expenses of owners, possessors, and users of the specified land plots for ensuring the established special protection regime of natural monuments of federal or regional significance are compensated at the expense of funds respectively from the federal budget and budgets of the subjects of the Russian Federation, as well as from the funds of extra-budgetary funds.

Dendrological Parks and Botanical Gardens

General Provisions on Dendrological Parks and Botanical Gardens

Dendrological parks and botanical gardens are particularly protected natural territories established for forming special collections of plants with the aim of preserving the plant world and its diversity. Natural resources and real estate, located within the boundaries of dendrological parks and botanical gardens, are subject to restrictions in civil circulation unless otherwise provided by federal laws.

The management of dendrological parks and botanical gardens is carried out by federal executive bodies authorized by the Government of the Russian Federation, executive authorities of the subjects of the Russian Federation, subordinate state institutions under them, as well as state scientific organizations and state higher education institutions. Land plots and forest plots within the boundaries of dendrological parks and botanical gardens are provided to state institutions managing dendrological parks and botanical gardens for perpetual use.

(Perpetual) use.

The Regulations on a Federal-Level Dendrological Park and Botanical Garden are approved by the federal executive body authorized by the Government of the Russian Federation. The Regulations on a Regional-Level Dendrological Park and Botanical Garden are approved by the decision of the highest executive body of state authority of a subject of the Russian Federation.

In cases provided for by the legislation of the Russian Federation, the regulations regarding the corresponding dendrological park and botanical garden are approved by state scientific organizations and state higher education institutions (Article 28 of the Federal Law "On Particularly Protected Natural Territories").

Special Protection Regime for Territories of Dendrological Parks and Botanical Gardens

The special protection regime for the territories of dendrological parks and botanical gardens is established by Article 29 of the Federal Law "On Particularly Protected Natural Territories." According to this article, any activity on the territories of dendrological parks and botanical gardens that is not related to the performance of their tasks and results in the violation of the preservation of floristic objects is prohibited.

Territorial areas of dendrological parks and botanical gardens may be divided into various functional zones, including: a) exhibition zone, access to which is permitted in accordance with procedures established by the relevant authorities and institutions responsible for managing dendrological parks or botanical gardens; b) scientific-experimental zone, access to which is available only to scientific employees of dendrological parks or

botanical gardens, as well as specialists of other research institutions; c) administrative.

Tasks, scientific profile, specific legal status, organizational structure, and special protection regime of a particular dendrological park and botanical garden are determined in their regulations, adopted by the relevant executive authorities that have made decisions on the establishment of these institutions.

Territories of Traditional Nature Use

General Provisions on Territories of Traditional Nature Use

Traditional Natural Resource Use Territories of Indigenous Small-numbered Peoples of the North, Siberia, and the Far East of the Russian Federation (traditional natural resource use territories) are particularly protected territories established for the conduct of traditional natural resource use and traditional way of life by indigenous small-numbered peoples of the North, Siberia, and the Far East of the Russian Federation (Article 1 of the Federal Law "On Territories of Traditional Natural Resource Use by Indigenous Small-numbered Peoples")

"the North, Siberia, and the Far East of the Russian Federation)."

The question of the justification for classifying traditional land use areas as specially protected natural territories gives rise to discussions in scientific literature. For example, according to E.A. Galinovskaya, it is necessary once again to assess how justified it is that legislation refers to the traditional land use areas of indigenous small-numbered peoples of the North, Siberia and the Far East of the Russian Federation as specially protected natural territories.

Although, as is well known, traditional use of natural resources – this is a type of economic activity⁶.

Legal Regime of Areas of Traditional Natural Resource Use

The legal regime of traditional land use areas is determined by Chapter III of the Federal Law "On Traditional Land Use Areas of Indigenous Small-numbered Peoples of the North, Siberia and Far East of the Russian Federation". According to Article 11 of this Law, the legal regime of traditional land use areas is established by provisions on traditional land use areas approved respectively by the authorized federal executive body of the Government of the Russian Federation, executive bodies of subjects of the Russian Federation, and local self-government bodies.

participation of persons belonging to small-numbered peoples, and communities of small-numbered peoples or their authorized representatives. Land plots and other separate natural objects located within the boundaries of traditional land use areas shall be provided to persons belonging to small-numbered peoples and to communities of small-numbered peoples in accordance with the legislation of the Russian Federation.

Use of Natural Resources, located on territories of traditional natural resource use, for ensuring the maintenance of a traditional way of life is carried out by individuals belonging to small-numbered peoples and communities of small-numbered peoples in accordance with Russian Federation legislation, as well as the customs of small-numbered peoples.

Persons, not belonging to small-numbered peoples but permanently residing on territories of traditional natural resource use, have the right to use natural resources for personal needs, provided that this does not violate the legal regime of the territories of traditional natural resource use.

Use of natural resources located on territories of traditional natural resource use by citizens and legal entities for entrepreneurial activities is allowed, provided that such activity does not violate the legal regime of the territories of traditional natural resource use.

On land plots located within the boundaries of traditional nature use territories, servitudes may be established in accordance with legislation to ensure reindeer herding, watering of animals, passages, vehicle routes, water supply, installation and operation of power lines, communication lines, pipelines, and other needs, provided that this does not violate the legal regime of traditional nature use territories (Article 13 of the Federal Law "On Territories of Traditional Nature Use of Indigenous Small-numbered Peoples of the North, Siberia and the Far East of the Russian Federation").

1. See Part 2 of Article 1 of the Federal Law "On Territories of Traditional Natural Resource Use of Indigenous Small-Numbered Peoples of the North, Siberia, and Far East of the Russian Federation". ↩
2. From the list of categories of specially protected natural territories established by paragraph 2 of Article 2 of the Federal Law "On Specially Protected Natural Territories", health resorts and sanatoriums were excluded. In addition, Section VIII of the Federal Law "On Specially Protected Natural Territories", which contained provisions on health resorts and sanatoriums, was declared obsolete (see [Federal Law](/enc/18664/

"Definition of the term 'Federal Law' in the legal encyclopedia") from 28.12.2013 No. 406-FZ "On Amending the Federal Law 'On Particularly Protected Natural Territories' and Certain Legislative Acts of the Russian Federation" // Collection of Laws of the Russian Federation. 2013. No. 52. Art. 6971). ↩
3. Institutes of Environmental Law / Ed. by S.A. Bogolyubov. Moscow, 2010. P. 238. ↩
4. "Management of dendrological parks and botanical gardens is carried out by federal executive authorities authorized by the Government of the Russian Federation, executive authorities of the subjects of the Russian Federation"

of the Russian Federation and subordinate state institutions, as well as state scientific organizations and state higher education institutions» (paragraph 3 of Article 28 of the Federal Law «On Protected Natural Areas»). «In cases provided for by the legislation of the Russian Federation, the charter of the relevant dendrological park and botanical garden is approved by state scientific organizations and state higher education institutions» (paragraph 7 of Article 28 of the Federal Law «On Protected Natural Areas»). ↩ 5.

Zoning of the national park territory provides for the following zones: a) protected zone, which is intended for preserving the natural environment in its natural state and within the boundaries of which any economic activity is prohibited; b) special protection zone, which is intended for preserving the natural environment in its natural state and within the boundaries of which excursions may be conducted, as well as visiting such zone for educational tourism purposes; c) recreational zone, which is intended for ensuring and carrying out recreational activities, development of physical culture and sports, as well as accommodation

facilities of the tourism industry, museums, and information centers; c) protection zones for cultural heritage objects (monuments of history and culture) of the peoples of the Russian Federation, which are designated for the preservation of these objects and within the boundaries of which activities necessary for their preservation as well as recreational activities may be carried out; d) zones of economic purpose, within the boundaries of which activities aimed at ensuring the operation of a federal state budgetary institution managing a national park and the livelihoods of citizens residing in

territories of the national park; e) zones of traditional extensive nature use, which is intended for ensuring the livelihoods of indigenous small-numbered peoples of the Russian Federation, and within the boundaries of which traditional economic activities and related forms of non-depleting natural resource use are permitted (paragraph 1 of Article 15 of the Federal Law "On Particularly Protected Natural Territories"). ↩
6. Institutions of Environmental Law / Ed. by S.A. Bogolyubov. Moscow, 2010. Pp. 237-238. ↩