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Territory as an Object of Zoning

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Table of contents: Значение зонирования территорий при определении правового режима земель

As Yu.A. Tikhomirov notes, territory is the basis of the activities of all people, states, and the international community. However, from a legal perspective, there are different regimes of territory. In state theory, this concept is used as one of the characteristics of a state, specifically referring to a strictly defined state territory with fixed boundaries ensured by the sovereign potential of the state.

In constitutional law, the concept of territory may have federal, administrative-territorial, and municipal "dimensions." In administrative law, this concept is used to establish territorial limits of the competence of executive authorities and to characterize special "administrative" districts. And in other areas of law, the concept of territory acquires an important norm-creating and norm-applying significance, with particular importance for the jurisdiction of courts.

In international law, the concept of territory also holds significant importance as it is intended to ensure sovereignty within the territories of states while simultaneously guaranteeing special territorial regimes (for example, Antarctica), and international institutions within the framework of their constituent documents (rules). The rapid development of new transportation means has led to concentrated regulation of the corresponding "trans-territorial" issues in international maritime, air, and space law1.

At the same time, defining the content of the legal category "territory" as an object of legal regulation is of great importance for environmental law. Currently, there are federal laws that serve as sources of environmental law, with territory being the object of legal regulation2. The concept of "territory" is frequently used in the Russian Code of Administrative Offenses3 and the Russian Civil Code4.

At the same time, as noted by E.A. Galinskaya, a separate legal issue is the absence of an unambiguous legal concept of territory5. In order to achieve the goal of this research, the problem of the absence of an unambiguous legal concept of territory appears particularly relevant, since it is precisely territory that is the object of the types of zoning considered in this dissertation6. Thus, it is important to determine the content of the term "territory".

As noted by A.N. Chertkov, in modern law, the term "territory" in a broad sense refers to various spaces of the Earth's sphere, including its land and water surfaces, subsoil, airspace, as well as outer space and celestial bodies located therein7. The territory of a state includes such natural components as land, waters, subsoil, and airspace8. Thus, territory is considered as a comprehensive object of legal regulation, consisting of multiple components. This position appears to be justified and finds confirmation, including in the Constitution of the Russian Federation9.

According to S.V. Narutto, the territory of a state as a geographical space represents a part of the Earth's sphere belonging to a particular state. In addition to land, the territory of a state includes water and air components10.

In the context of the Convention on International Civil Aviation, the territory of a State includes land territories and adjacent territorial waters under the sovereignty, suzerainty, protectorate or mandate of that State11. "Territory" with respect to a State refers to land surfaces, territorial and inland waters and the airspace above them under the sovereignty of that State12.

According to V.G. Vishnyakov, the concept of "territory" has different meanings: 1) the territory of a State, the sphere of state sovereignty, external limits and boundaries of its exercise; 2) geographical space, natural environment, land surface; 3) an object of economic activity, basis and condition for economic operations13.

As follows from the Russian Town Planning Code, the town planning regulation is established with respect to a territorial zone and is not limited to the surface of land plots, but also applies to everything located above and below their surface14. At the same time, N.V. Kichigin notes that the concept of town planning regulation should not be understood too broadly. Thus, the town planning regulation does not define the legal regime of mineral resources, which is regulated by the Russian Federation Law "On Mineral Resources"15.

It should also be noted that in legislation, a natural territory is separately identified as an object of zoning16. The legal regime of specially protected natural territories often constitutes the subject of scientific research17.

As E.A. Galinskaya notes, the basis of protective activities is a special object - a new qualitative formation consisting not of individual natural objects, but of their unique combination located in specific geographic coordinates. Thus, a special, unified comprehensive object of environmental legal relations is formed - a natural territory18.

According to O.L. Dubovik, the concept of "natural territory" used in the Federal Law "On the Protection of Lake Baikal" is essentially adjacent to the concept of "natural complex," but expands it spatially and gives it a special status19.

As noted by V.V. Zozulya, the legal regime of nature reserves should be understood as normatively established rules relating to the protection and use of natural complexes and objects, including land, subsoil, water, atmospheric air, flora and fauna, airspace within nature reserves, as well as ownership and intended purpose of these natural complexes and objects. The reserve regime is considered as a set of behavioral rules prohibiting the disruption of natural processes occurring on the territory of nature reserves and protected zones of national parks20.

Thus, a natural territory is considered in scientific literature as a special integrated object of legal regulation. This conclusion, it seems, also follows from the corresponding provisions of legislation21. At the same time, the territory may have a legal regime22.

At the same time, it should be noted that the concepts of "territory" and "land" are closely interrelated as objects of legal regulation23. In scientific literature, there are several approaches to the relationship between these scientific categories. According to Yu.G. Barsegov, "land and territory, of course, are not the same thing. They were equated in the era of feudalism ('state-manor'), but subsequently they were distinguished. And if we use old terminology, we can speak about dominium publicum — the state legal ownership of the socialist state over land, but not over the state territory"24. As noted by M.M. Brinchuk, "land is the territory of the state, the limit of its sovereign power"25. According to E.A. Galinovskaya, "… land has the meaning of a territory inhabited by people (land of populated places) …"26.

Thus, the analysis of legislation and scientific literature does not allow for a clear distinction between the concepts of "territory" and "land" as objects of legal regulation. However, it appears that the positions presented by scholars are not mutually exclusive. Acknowledging that the concepts of "land" and "territory" are not equivalent, it should also be acknowledged that land can sometimes be considered in the sense of territory.

The concept of "legal regime of land" is widely used in legislation27, scientific literature28and is well-established. However, a legal definition of this term is absent in legislation. At the same time, in environmental law there are quite a number of approaches to defining the content of this concept. Let us consider some of them.

As S.A. Bogolyubov notes, the legal regime of lands is determined by a set of rules governing their use and inclusion into civil circulation, protection, accounting, and monitoring established by land legislation, urban planning legislation, forestry legislation, water legislation, environmental protection legislation, and other legislation, as well as mineral legislation, and applies to lands of a certain category29.

A.K. Golichenkov defines the legal regime of lands as a system of elements including: a) principles applicable to the set of legal norms regulating relations concerning the use and protection of lands of a certain category; b) composition of subjects of rights on lands of this category; c) procedures for the emergence and termination of rights and obligations of subjects of rights on lands of this category; d) sanctions for violation of legal norms regulating relations concerning the use and protection of lands of a certain category; the legal regime is determined based on their permitted use30.

According to O.I. Krassov, the legal regime of land (all lands, individual categories and their types) represents a definition in legislation of the content of ownership rights, other rights on land plots, management of use and protection of land, measures for land protection, expressed in the rights and obligations of persons using land plots through establishing basic purpose designation of land, zoning, restrictions on rights, public servitudes, and establishment of permitted use31.

On the other hand, I.A. Iconitskaya considers the legal regime of land as behavior that is possible and required by law norms in relation to land32.

A significant contribution to the study of the legal regime of land has been made by such Soviet scholars as G.A. Aksenenev33, I.I.Evtikhieev34, N.I.Krasnov35.

According to E.A. Galinovskaya, a number of land relations (conclusion and performance of contracts aimed at the transfer of rights to land plots, taxation of land, etc.) can be implemented only in relation to a land plot36. A land plot is a part of the earth's surface, the boundaries of which are defined in accordance with federal laws (Article 11.1 of the Land Code of the Russian Federation). It should be noted that not all scholars agree with such a definition of a land plot37. However, in this case, it is considered appropriate to rely on current legal norms.

Research into the legal regime of land plots often forms part of academic studies38, however scholars' positions regarding the content of the legal regime of land plots also lack uniformity39.

Diverging positions among scholars also exist regarding the elements of the legal regime of land plots. For example, L.E. Bandorin justified the position according to which permitted use of land plots is a primary and indispensable element of the legal regime of land plots40. Whereas, according to A.A. Minaeva's opinion, the main and mandatory element of the legal regime of a land plot is the property relationship41.

O.I. Krassov's position is that the term "land" is generic in relation to the term "land plot," and naturally, they are interrelated42. At the same time, upon formation of a land plot, it does not lose the properties of land as a natural object and natural resource. This is due to the fact that provisions of land legislation regarding rational use and protection of land apply to the land plot43. However, precisely at the moment of formation, the land plot becomes an object of property turnover44. From the moment of formation of a land plot, the legal regime applicable to the corresponding category of land, within the boundaries of which such a land plot is located, applies to it.

In addition, it is the legal regime of land, rather than land plots, that is determined based on their belonging to a certain category and permitted use in accordance with territorial zoning (subparagraph 8 of paragraph 1 of Article 1 of the Land Code of the Russian Federation). It should be emphasized that types of permitted use are established in relation to land plots45. Thus, the legal regime of land is determined, among other things, based on the type of permitted use of the land plot.

In Chapter III of the Land Code of the Russian Federation, whose title is denoted as "ownership of land", ownership of land plots is regulated46. This indicates that the content of the concept of "ownership of land" includes the concept of "ownership of land plots".

Thus, considering within the scope of this dissertation the significance of zoning territories in determining the legal regime of land, we will also include the legal regime of land plots within the content of the legal regime of land. At the same time, just as a land plot, a territory may have boundaries defined in accordance with federal laws. However, a territory is not an object of property circulation.

As noted by Yu.A. Tikhomirov, in recent years, both in domestic science and practice, as well as in foreign and international science and practice, concepts have been applied that are close to the concept of "territory." These include free trade zones, special economic zones, a unified economic space, customs territory, border zone, area of sustainable cooperation, and others47. This position appears to be justified, since in Russian legislation and international law norms, a zone is often understood as a territory within the boundaries of which a special legal regime applies48.

Considering the above, it should be noted that the scientific categories of "land" and "territory" are closely related. The legal regime of land to some extent influences the legal regime of territory, just as the legal regime of territory affects the legal regime of land. These scientific categories are sometimes equated in legislation and scientific literature as objects of legal regulation.

2009. P. 41.

2013. P. 36.

  1. Legal space and the human being / ed. Yu.A. Tikhomirov. Moscow, 2012. Pp. 12–13. ↩

  2. For example, Federal Law No. 33-FZ of March 14, 1995 "On specially protected natural territories" // RSFSR Collection of Laws. 1995. No. 12. Art. 1024 (hereinafter - Federal Law "On specially protected natural territories"); Federal Law No. 49-FZ of May 7, 2001 "On territories of traditional nature use of indigenous small-numbered peoples of the North, Siberia and Far East of the Russian Federation" // RSFSR Collection of Laws. 2001. No. 20. Art. 1972 (hereinafter - Federal Law "On territories of traditional nature use of indigenous small-numbered peoples of the North, Siberia and Far East of the Russian Federation"). ↩

  3. See Articles 1, 3, 7, 11, 11.2, 11.3, 11.4, 11.7, 12, 13, 15, 18, 19, 22, 27, 29, 30, 30.2, 31, 34, 36, 38.2, 67, 68, 70.1, 72, 82, 84, 85, 86, 87, 90, 93, ,94, 95, 96, 97 of the Civil Code of the Russian Federation. ↩

  4. See Articles 1, 2, 4, 6, 7, 8, 8.1, 9, 10, 11, 12, 14, 15, 16, 18, 19, 20, 21, 23, 24, 25, 26, 27, 28, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 41, 42, 43, 44, 45, 46, 46.1, 46.2, 46.3, 47, 48, 49, 49.1, 51, 52, 54, 55, 55.5, 55.8, 55.21, 55.22, 56, 57, 57.1, 59, 63 of the Land Code of the Russian Federation. ↩

  5. Commentary on the Urban Planning Code of the Russian Federation (article-by-article) / ed. by S.A. Bogolyubov. Moscow, 2012. P. 77. ↩

  6. Ecological zoning is carried out with respect to natural territories. Article 2 of the Federal Law dated May 1, 1999 No. 94-FZ "On the Protection of Lake Baikal"[42] // RSZ RF. 1999. No. 18. Art. 2220 (hereinafter - the Federal Law "On the Protection of Lake Baikal") provides for ecological zoning of the Baikal Natural Territory. According to part 1 of Article 15 of the Federal Law "On Particularly Protected Natural Territories", in order to establish the regime of a national park, zoning of its territory is carried out. Functional zoning is carried out within the framework of the institution of territorial planning. The functional zone maps include: 1) schemes of territorial planning of the municipal district (paragraph 4 of part 1 of Article 19 of the CGC RF); 2) general plan of the settlement (paragraph 4 of part 3 of Article 23 of the CGC RF); 3) general plan of the urban district (paragraph 4 of part 3 of Article 23 of the CGC RF). Urban planning zoning - zoning of territories of municipal formations in order to determine territorial zones and establish urban planning regulations (paragraph 6 of Article 1 of the CGC RF). ↩

  7. Chertkov A. N. Territorial Organization of the Russian Federation. Legal Foundations. M., ↩

  8. Chertkov A. N. The Territory of Russia and Ecological Priorities of International Cooperation. International Law and National Regulation of the Ecological Sphere of Society: Collection of Articles. M., 2011. P. 174. ↩

  9. According to paragraph 1 of Article 67 of the Constitution of the Russian Federation, the territory of the Russian Federation includes the territories of its subjects, internal waters and territorial sea, airspace above them. ↩

  10. Narutto S. V., Shugrina E. S., Isaev I. A., Alebastrova I. A. Territory in Public Law. M., ↩

  11. Convention on International Civil Aviation (Chicago Convention) of 07.12.1944 // International Public Law. Collection of Documents. Vol. 2. M., 1996. P. 412 - 433. P. 412–433. ↩

  12. See, for example, item "g" of part 1 of article 1 of the Agreement between the Government of the Russian Federation and the Government of the Republic of Belarus on air communication and cooperation in the field of air transport (concluded in Minsk on 12.12.1997) // Bulletin of International Agreements. 1998. No. 6; item "g" of part 1 of article 1 of the Agreement between the Government of the Russian Federation and the Government of the Republic of Tajikistan on air communication (concluded in Moscow on 12.09.1997) // Collection of Laws of the Russian Federation. 2004. No. 38. Article 3773. ↩

  13. Vishnyakov V. G. Special Economic Zones: Legal Issues and Development Paths // Journal of Russian Law. 2003. ↩

  14. A town-planning regulation is a set of permitted uses of land plots established within the boundaries of the corresponding territorial zone, as well as everything located above and below the surface of the land plots (paragraph 9 of article 1 of the Town Planning Code of the Russian Federation) ↩

  15. Bogolyubov S. A., Kichigin N. V. Legislative Regulation of the Activities of Federal Executive Bodies in Ensuring Ecological Safety. Moscow, 2007. P. 251. ↩

  16. Article 2 of the Federal Law "On the Protection of Lake Baikal" provides for ecological zoning of the Baikal Natural Territory. According to part 1 of article 15 of the Federal Law "On Particularly Protected Natural Territories," in order to establish the regime of a national park, zoning of its territory is carried out. ↩

  17. See, for example, Bogolyubov S.A., Zhuravleva L.V. Organization of the use of an individual object of specially protected natural territories // Law and Economy. 2010. No. 10; Bogolyubov S.A. Legislation in the field of ecology. Moscow, 2010; Galinovskaya E.A., Kichigin N.V., Ponomarev M.V. Commentary on the Federal Law "On specially protected natural territories" (article-by-article). Moscow, 2006; Dehtereva L.P. Legal regime of specially protected urban natural territories: diss. ... candidate of legal sciences. Moscow, 2002; Zozulya V.V. Legal regime of state natural reserves and national parks: diss. ... candidate of legal sciences. Moscow, 2006. P. 9; Commentary on the Federal Law "On specially protected natural territories" (article-by-article) / Ed. by O.L. Dubovik. Prepared for the "Consultant Plus" system. 2009; Krotik A.S. Legal issues of organization and functioning of specially protected natural territories of federal importance: diss. ... candidate of legal sciences. Moscow, 2003; Okorokova L.Ya. Legal regime of state natural reserves in the USSR: diss. ... candidate of legal sciences. Moscow, 1971; Chernushenko S.S. Legal mode of specially protected natural territories: diss. ... cand. jurid. sci. Saratov, 1999. ↩

  18. Institutes of Environmental Law / ed. by S.A. Bogolyubov. Moscow, 2010. P. 224. ↩

  19. Commentary on the Federal Law of January 10, 2002 No. 7-FZ "On Environmental Protection" (article-by-article) / ed. O.L. Dubovik. Prepared for the "Consultant Plus" system. 2010. ↩

  20. Zozulya V.V. Legal Regime of State Nature Reserves and National Parks: dissertation ... candidate of legal sciences. Moscow, 2006. P. 9. ↩

  21. In the preamble of the Federal Law "On Particularly Protected Natural Territories," it is noted that particularly protected natural territories are land areas, water surfaces, and air space above them where natural complexes and objects with special nature conservation, scientific, cultural, aesthetic, recreational, and health-improving significance are located. These areas have been entirely or partially removed from economic use by decisions of state authorities, and a special protection regime has been established for them. According to paragraph 1 of Article 2 of the Federal Law "On the Protection of Lake Baikal," the Baikal Natural Territory includes Lake Baikal itself, the water protection zone adjacent to Lake Baikal, its catchment area within the territory of the Russian Federation, specially protected natural territories adjacent to Lake Baikal, as well as an area up to 200 kilometers wide to the west and northwest of the lake. ↩

  22. Chapter III of the Federal Law "On Territories of Traditional Natural Resource Use of Indigenous Small-numbered Peoples of the North, Siberia and the Far East of the Russian Federation" provides provisions regarding the legal regime of territories of traditional natural resource use. In this chapter, in particular, it is provided that the legal regime of territories of traditional natural resource use is established by provisions on territories of traditional natural resource use approved respectively by the federal executive authority authorized by the Government of the Russian Federation, executive authorities of the subjects of the Russian Federation, local self-government bodies with the 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 territories of traditional natural resource use are provided to persons belonging to to small-numbered peoples, and to communities of small-numbered peoples in accordance with the legislation of the Russian Federation (Article 11 of the Federal Law "On Territories of Traditional Natural Resource Use of Indigenous Small-Numbered Peoples of the North, Siberia and the Far East of the Russian Federation"). ↩

  23. For example, according to the Constitution of the Russian Federation, land and other natural resources are used and protected in the Russian Federation as the basis of life and activities of the peoples living on the corresponding territory (Part 1 of Article 9 of the Constitution of the Russian Federation). In the ruling of the Constitutional Court of the Russian Federation, the concept of "basis of life and activity" was interpreted. In particular, it is noted in the ruling that the peoples living on the territory of a certain subject of the Russian Federation must be guaranteed protection and use of land and other natural resources as the basis of their life and activities, i.e., as natural wealth, values (heritage) of public significance. However, this does not mean that ownership rights to natural resources belong to the subjects of the Russian Federation. The Constitution of the Russian Federation does not stipulate an obligatory transfer of all natural resources into the ownership of the subjects of the Russian Federation and does not grant them powers for delimitation ownership of these resources (Order of the Constitutional Court of the Russian Federation dated 07.06.2000 No. 10-P "On the case of checking the constitutionality of certain provisions of the Constitution of the Republic of Altai and the Federal law 'On the general principles of the organization of legislative (representative) and executive bodies of state authority of the subjects of the Russian Federation'" // RSZ RF. 2000. No. 25. Art. 2728.). ↩

  24. Barsyegov Y. G. Territory in International Law. Moscow, 1958. P. 63. ↩

  25. Brinchuk M. M. Environmental Law: textbook. Moscow, 2010. P. 414. ↩

  26. Galinskaya E. A. Application of Land Legislation: Problems and Solutions: scientific-practical guide. Moscow, 2012. P. 49. ↩

  27. For example, "classification of land by purpose into categories according to which the legal regime of land is determined based on their belonging to a certain category and permitted use in accordance with territorial zoning and legislative requirements;" (paragraph 8 of part 1 of article 1 of the Land Code of the Russian Federation). "A differentiated approach to establishing the legal regime of land, according to which when determining their legal regime, natural, social, economic and other factors should be taken into account;" (paragraph 10 of part 1 of article 1 of the Land Code of the Russian Federation). "Adoption in territorial planning documents of boundaries of functional zones does not entail a change in the legal regime of land located within these zones" (part 12 of article 9 of the Urban Planning Code of the Russian Federation). "The boundaries of hunting grounds include lands whose legal regime allows for the conduct of activities in the field of hunting management" (part 1 of article 7 of Federal Law No. 209-FZ dated July 24, 2009 "On Hunting and on the Conservation of Hunting Resources and on Amendments to Certain Legislative Acts". «acts of the Russian Federation» // RSZ RF. 2009. No. 30. Art. 3735). ↩

  28. See, for example, Aksenenev G.A. Legal Regime of Agricultural Lands // Agriculture and Law in the USSR. Moscow, 1977; Anisimov A.P. Theoretical Foundations of the Legal Regime of Settlement Lands in the Russian Federation: Abstract of Dissertation ... Doctor of Juridical Sciences. Saratov, 2004; Balezin V.P. Main Problems of the Legal Regime of Rural Settlement Lands: Abstract of Dissertation ... Candidate of Juridical Sciences. Moscow, 1972; Balezin V.P. Legal Regime of Urban Development Lands: Dissertation ... Candidate of Juridical Sciences. Moscow, 1960; Bedova E.S. Legal Regime of Settlement Lands: Abstract of Dissertation ... Candidate of Juridical Sciences. Moscow, 2012; Bogolepov R.D. Legal Regime of Industrial and Transport Lands: Abstract of Dissertation ... Candidate of Juridical Sciences. Moscow, 1964; Evtykhiev I.I. Regulation of Land Relations in Cities. Gorky, 1929; Erofeev B.V. Legal Regime of Urban Lands. Moscow, 1976; Galinovskaya E.A. Application of Land Legislation: Problems and Solutions: Scientific-Practical Guide. Moscow, 2012; Land and Law: A Guide for the Russian Landowner / Ed. by S.A. Bogolyubov. Moscow, 1997; Zolotova O.A. Legal mode of land use in protected zones: abstract of the dissertation ... candidate of legal sciences. M., 2013; Ikonicinskaya I.A. Land Law of the Russian Federation. M., 1999; Krasnov N.I. Theoretical foundations of the legal regime of special-purpose lands in the USSR: abstract of the dissertation ... doctor of legal sciences. M., 1966; Krassov O.I. Concept and content of the legal regime of land // Environmental law. 2003. No. 1; Lisina N.L. Legal regime of settlement lands: abstract of the dissertation ... candidate of legal sciences, M., 2003; Minina A.A. The concept of "legal regime of land" and its significance in land law // Legal issues of real estate. 2005. No. 1; Minina E.L. Permitted use of land plots: issues of establishment and change // Journal of Russian Law. 2012. No. 1. P. 62-67; General theory of Soviet land law. Ed. by N.A. Syrodoyev. M., 1983; Sivakov D.O. Legal regime of water fund lands: dissertation ... candidate of legal sciences. M., 2004; Tarasenko O.V. Legal regime of transport lands. M., 2009; Trifonov A.S. Civil law regime of industrial lands: abstract of the dissertation ... candidate of legal sciences. Volgograd, 2006; Umerenko Yu.A. Some problems of the legal regime of reserve lands // Modern Law. 2012. No. 7. p. 74–79; Fatkulлина D.F. Legal regime of lands of environmental protection purpose: diss. ... cand. jurid. sci. M., 2006. ↩

  29. Bogolyubov S. A. Land and Law: A Guide for Russian Landowners. Moscow, 1997. Pp. 34–35. ↩

  30. Golichenkov A. K. Environmental Law of Russia: Dictionary of Legal Terms. Moscow, 2012. P. 299. ↩

  31. Krassov O. I. The Concept and Content of the Legal Regime of Land // Environmental Law. 2003. ↩

  32. Ikoniczkaia I. A. Land Law of the Russian Federation. Moscow, 1999. P. 181. ↩

  33. In the opinion of G.A. Akseneneck, determining the legal regime of any category of land means, first, to define these lands as an object of this land relationship, second, to determine the circle of land users, establish their rights and obligations, third, to identify the order of state management of these lands, and finally, fourth, to indicate those forms and measures of liability defined by law for users (Akseneneck G.A. Legal regime of agricultural lands // Agriculture and law in the USSR. Moscow. Juridical literature. 1977. P. 55.). ↩

  34. In the opinion of I.I. Yevtykhiev, under the general legal basis - state ownership of land - there exist different, non-overlapping in scope land regimes for individual categories of land. A land regime is understood as the status of rights and obligations of land management bodies with respect to a particular category of land, that is, the performance by land management bodies of basic functions - administrative, judicial, and normative (Yevtykhiev I.I. Regulation of Land Relations in Cities. Горки, 1929. P. 1.). ↩

  35. In the opinion of N.I. Krasnov, the legal regime of the state land fund should be understood as the established order of proper conduct in relation to land as an object of exclusive state ownership, land use rights, and legal protection, aimed at ensuring its rational use as a universal condition of labor and main (primary) means of production (Land Law / Ed. by G.A. Aksenchenko. Moscow, 1969. P. 250.). ↩

  36. Galinskaya E.A. Application of Land Legislation: Problems and Solutions: Scientific-Practical Guide. Moscow, 2012. P. 61. ↩

  37. According to O.I. Krassov, "Violation of land often relates to intrusion into the underground space, into the subsoil. In some cases, law does not recognize such actions as use of subsoil, in others - considers them as subsoil usage. Therefore, it is necessary to obtain a license for the right to use the subsoil, to formalize a mining or geological concession. Violation of land leads to the fact that from the legal standpoint, the surface on the site is destroyed, for example, during open-pit mining, construction of underground structures not related to mineral extraction, such as underground shopping centers, underground garages, etc. In this regard, it is unlikely justified to use the term 'surface' in the considered legal concept" (Krassov O.I. Land Plot - the Basis of the Conceptual Apparatus of Land Law // Environmental Law. 2011. No. 4. P. 4 - 12.). ↩

  38. See, for example, Anisimov A.P., Melikhov A.I. Legal Regime of Land Plots. A New Inter-Industry Approach to the Relationship Between Civil and Land Law Norms. // Right and Economy. 2008. No. 12; Bandorin L.E. Permitted Use of Land Plots: Candidate's Thesis in Juridical Sciences. Moscow, 2011; Bugrov D.S. Legal Regime of Land Plots as Real Estate: Candidate's Thesis in Juridical Sciences. Saratov, 2004; Gerasin S.I. Legal Regime of Land Plots and Other Real Estate Objects Located Thereon // State and Law. 2006. No. 5. Pp. 118 – 123; Kichigin N.V., Leon'tev A.E. Legal Regime of Land Plots Located within the Boundaries of Water Protection Zones and Coastal Protective Strips // Ecological Law. 2007. No. 4; Kravkova T.V. Civil-Legal Regime of a Land Plot: Candidate's Thesis in Juridical Sciences. Moscow, 2006; Mininaeva A.A. Ownership Relations as the Main and Mandatory Element of the Legal Regime of a Land Plot // Ecological Law. 2005. No. 6. ↩

  39. M.G. Piskunova's position is that the legal regime of a land plot is determined by: transferability (Article 129 of the Civil Code of the Russian Federation, Article 27 of the Land Code of the Russian Federation, Forest Code of the Russian Federation, Water Code of the Russian Federation); category of land - its intended purpose (Articles 1 and 7 of the Land Code of the Russian Federation, Law on Circulation of Agricultural Land); permitted use of the plot (Articles 1 and 7 of the Land Code of the Russian Federation); territorial zone and urban planning regulations (for settlement lands) (Urban Planning Code of the Russian Federation, Article 85 of the Land Code of the Russian Federation) (Piskunova M.V. Cadastre - the head of everything // Business Advocate. 2003. No. 24. Access: "Consultant Plus" system.). D.S. Bugrov notes that the legal regime of land plots must be determined and explained in accordance with categories of land established by land legislation. The legal regime of land plots is disclosed as an independent comprehensive legal institution, as a set of legal norms in the field of use and protection of land. One of the most important characteristics (criteria) of the legal regime of land plots is their The main intended purpose, provided in accordance with the characteristics of land categories (Bugrov D.S. The Legal Regime of Land Plots as Real Estate: Diss... Cand. Jurid. Sci. Saratov, 2004.). According to D.V. Kozlov, the legal regime of land plots as a private law category includes: cadastral survey (determination of boundaries) and registration of land plots as objects of land and civil relations; the circle of holders of property and obligation rights on land plots, their rights and obligations; civil liability for violation of legislation (Kozlov D.V. Comprehensive (complex) legal regime of land plots // System GARANT. 2012.). ↩

  40. Bandorin L. E. Permitted Use of Land Plots: Dissertation ... Candidate of Juridical Sciences. Moscow, 2011. P. 42. ↩

  41. Minayeva A. A. Ownership relations as the main and mandatory element of the legal regime of a land plot // Ecological Law. Moscow, 2005. ↩

  42. Krassov O. I. A land plot - the basis of the conceptual apparatus of land law // Ecological Law. 2011. P. 4–12. ↩

  43. «Formation of land plots should not lead to inclusions, insertions, broken boundaries, checkerboard patterns, impossibility of placing real estate objects and other defects hindering the rational use and protection of land, as well as violate the requirements established by this Code, other federal laws» (paragraph 6 of article 11.9 of the Land Code of the Russian Federation). ↩

  44. "Real estate (real property) includes land plots, subsoil plots and everything that is firmly connected with the land, i.e., objects whose movement without disproportionate damage to their purpose is impossible, including buildings, structures, and unfinished construction objects" (paragraph 1 of Article 130 of the Civil Code of the Russian Federation). ↩

  45. "urban planning regulations - permissible uses of land plots within the boundaries of the corresponding territorial zone, as well as everything located above and below the surface of land plots and used during their construction and subsequent operation of capital construction objects, maximum (minimum and/or maximum) sizes of land plots, and maximum parameters of permitted construction and reconstruction of capital construction objects, as well as restrictions on the use of land plots and capital construction objects;" (paragraph 9 of Article 1 of the Urban Planning Code of the Russian Federation). ↩

  46. See, for example, paragraph 1 of Article 15 of the Russian Federation Land Code, according to which land plots acquired by citizens and legal entities on the grounds provided for by the legislation of the Russian Federation are the property of citizens and legal entities (private property). ↩

  47. Legal Space and the Human Being / ed. by Yu.A. Tikhomirov. Moscow, 2012. P. 13. ↩

  48. For example, an emergency situation zone is a territory where an emergency situation has occurred (paragraph 4 of Article 1 of the Federal Law dated December 21, 1994, No. 68-FZ "On Protection of Population and Territories from Emergency Situations of Natural and Technological Nature" // RSZ RF. 1994. No. 35. Art. 3648.). An emergency population warning zone is a territory that is at risk of the occurrence of rapidly developing dangerous natural phenomena and technological processes posing an immediate threat to the lives and health of people located on it (paragraph 11 of Article 1 of the Federal Law "On Protection of Population and Territories from Emergency Situations of Natural and Technological Nature"). The term "residential area" means a specially equipped territory where special traffic rules apply, and entries and exits from it are marked by appropriate signs (Convention on Road Traffic (concluded in Vienna on November 8, 1968) // Treaty Series. Volume 1732. New York: United Nations, 1999. P. 396 - 587.). Water protection zones are territories adjacent to the shorelines of seas, rivers, streams, canals, lakes, reservoirs and on which a special regime of economic and other activities is established in order to prevent pollution, clogging, siltation of the aforementioned water objects, depletion of their waters, as well as preservation of the habitat of aquatic biological resources and other objects of animal and plant world (part 1 of article 65 of the Water Code of the Russian Federation dated 03.06.2006 No. 74-FZ // RSZ RF. 2006. No. 23. Art. 2381 (hereinafter – WCC)). ↩

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АЛЕКСЕЙБОРИСОВ.РФ LEGAL EXPERTISE
Диссертации

Территория как объект зонирования

Alexey Borisov
Cand. Sc. (Law) Download PDF
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