Legal Regulation of Ecological Zoning

April 30, 2012, the President of the Russian Federation approved the Foundations of State Policy in the Field of Ecological Development of the Russian Federation for the period up to 2030¹ (hereinafter - Foundations). The development of the Foundations is due to the need to ensure environmental safety during economic modernization and in the process of innovative development (paragraph 4 of the Foundations). As one of the mechanisms for solving the task of preserving the natural environment, including natural ecological systems, objects of fauna and flora, it is envisaged to strengthen the protection and development of specially protected natural territories of federal, regional and local significance strictly in accordance with their intended purpose (subparagraph "a" of paragraph 16 of the Foundations).

The object of ecological zoning are specially protected natural areas. As noted by S.A. Bogolyubov, the regime of use of specially protected territories and objects currently has a fundamental significance and allows through targeted legislation to ensure their protection from encroachment by economic and entrepreneurial activities². According to N.V. Kichigin, a feature of the regime of specially protected natural territories and objects is the ecological zoning of these territories³.

The legal regime of specially protected natural territories is often the subject of research (including monographic) by environmental lawyers⁴. 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 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 parks⁵.

In environmental law science, numerous approaches have been developed to define the content of ecological zoning. According to I.F. Pankratov, ecological zoning of territories is a system of measures provided for by legislation aimed at accurately and clearly establishing boundaries of territories, water areas, airspace, natural objects, and resources in order to ensure their rational use and protection. Ecological zoning of territories is directly related to the use of nature and environmental protection. Lands, forests, waters, subsoil, and other natural objects are divided into specific plots, territories, zones; zones are also identified in the atmosphere and even in space. Zoning is necessary for conducting appropriate monitoring and cadastres, accounting for natural objects, their proper and rational use, and adequate protection⁶.

As V.V. Sosnovsky notes, the essence of zoning for conservation purposes is typically the establishment within zones of restrictions on activities that are stricter than those in adjacent areas of space. The establishment of zones implies setting spatial and temporal boundaries for the application of restrictions on economic or other activities⁷.

According to M.M. Kalenchenko, zoning is a scientifically based division of a national park's territory into areas with different functioning and protection regimes. It is one of the most important elements of the territorial organization of a national park. Functional zoning, reflecting the spatial differentiation of conservation regimes and consequently the differentiation of permissible and necessary activities, serves as the starting point for all organizational and management activities⁸.

N.L. Lisina's position is that ecological zoning is a separate type of zoning. Its main objective is to preserve and maintain ecological balance, the quality of the environment, and natural environmental conditions⁹.

I.F. Pankratov noted that ecological zoning of territories is important for regulating the organization and protection of the environment and natural resource use. In this regard, two special Federal Laws have been adopted and are in force: Federal Law No. 209-FZ dated December 26, 1995 "On Geodesy and Cartography" and Federal Law No. 152-FZ dated December 18, 1997 "On the Names of Geographic Objects." Ecological zoning ensures accurate accounting and location of each natural object and resource, which contributes to better organization of their use and protection¹⁰.

Zones established for nature conservation purposes of various types are a special case of specially protected areas. Therefore, necessary elements of the legal regime of nature conservation zones include regime restrictions (special protection regime), spatial and, if necessary, temporary boundaries of restriction application¹¹.

As noted by N.I. Khludeneva, the stability of legal regulation of social relations in the field of environmental protection and nature use largely depends on the quality of the ecological law system, which today is unbalanced and has internal contradictions (collisions)¹².

It is important to note that the presence of conflicts is characteristic of ecological zoning. Currently, legislation lacks a unified terminology regarding ecological zoning. Legislation provides for "zoning" and "functional zoning" of national parks¹³, "zoning"¹⁴of nature reserves, and "ecological zoning" of the Baikal Nature Territory¹⁵.

According to S.A. Bogolyubov, national parks, being nature conservation, ecological education, and research institutions (which unites them with reserves), are also intended for regulated tourism. By the decision of the Council of Ministers - Government of the Russian Federation dated August 10, 1993, No. 769, the Regulations on National Natural Parks of the Russian Federation were approved. A serious practical problem is zoning and proper use of their territories¹⁶.

According to paragraph 5 of Article 15 of the Federal Law "On specially protected natural territories," functional zoning is understood as a differentiated regime of special protection for national parks, which is established by the authorized federal executive body. S.A. Bogolyubov and L.V. Zhuravleva note that the Federal Law "On specially protected natural territories" provides only general requirements and contains general approaches to determining the legal regime of specially protected natural territories. The full regulation is entrusted to the relevant federal, regional, and local authorities depending on the level of significance of the protected object¹⁷.

In scientific literature, the content of the special protection regime is discussed. According to E.A. Galinovskaya, the special protection regime refers to a system of administrative and legal measures prohibiting or prescribing specific actions on the territory, or prescribing certain actions established by legislation and dependent on the status of specially protected natural territories. Based on this mechanism, nature reserves, national parks, and other specially protected natural territories ensure the protection regime, in addition to the Federal law, through the charter of the territory, which is adopted in accordance with the established procedure and provides for the establishment of a differentiated protection regime on the territory by means of its functional zoning¹⁸.

In judicial practice, disputes arise concerning the establishment of specific characteristics of zoning for specially protected natural territories. In the ruling of the Supreme Court of the Russian Federation dated 08.02.2012 in case No. 5-G12-3, it is noted that the applicant approached the court with a claim to declare the first and second paragraphs of paragraph 2 of the Government of Moscow's decree dated December 29, 1998, No. 1012 "On project proposals for establishing boundaries of specially protected natural territories: 'Natural-Historical Park 'Moskva River', Natural-Historical Park 'Ostankino' and Complex Nature Reserve 'Petrovsko-Razumovskoe'" invalid in part relating to the inclusion of a land plot allocated to the applicant for horticulture within the boundaries of the natural-historical park. According to the applicant, including this land plot within the boundaries of the natural-historical park effectively imposes a ban on horticulture, which violates the applicant's right to use the land plot allocated to his family in 1956 for horticultural purposes.

In the motivational part of the aforementioned ruling by the Supreme Court of the Russian Federation, it is noted that establishing the boundaries of a natural and historical park is not equivalent to defining specific characteristics, zoning, or the regime of a specially protected natural area, let alone imposing restrictions on activities - in our case, gardening and horticulture¹⁹.

In scientific literature, it is noted that one of the main approaches to establishing the regime of a national park is, as can be seen from the content of paragraph 1 of Article 15 of the Federal Law "On Protected Natural Areas," functional zoning of the territory. Zoning is carried out on the basis of the charter of the national park adopted by the Ministry of Natural Resources of the Russian Federation, taking into account the main requirements established by Article 15 of the Federal Law "On Protected Natural Areas." The legal regime of lands within a national park is subject to provisions of the Land Code of the Russian Federation establishing general provisions on the legal regime of lands of protected areas as an independent category, as well as special provisions relating to lands of national parks. At the same time, it should be noted that the legal status of lands of protected natural areas is based on several main legal conditions. The legal regime of the land plot, within the boundaries of which a specially protected natural area is located, as a rule, corresponds to the status and regime of the relevant specially protected natural area²⁰.

At the same time, as noted by M.M. Kalenchenko, the issue of the legal status of functional zones has not been resolved in doctrine, legislation, or even more so in judicial practice. Nevertheless, some legally significant foundations have already been developed and implemented in Russian legislation, although they have a "mosaic character" (for example, types and restrictions on activities)²¹.

However, in scientific literature, the content of the legal regime of functional zones is discussed. According to O.I. Krassov, the functional zones identified on the territories of national parks are not the result of implementing a procedure established by law. The establishment of functional zones is carried out administratively when creating specially protected natural areas, and they are specified in the charter of the respective specially protected natural area. These functional zones determine the types of land use of specially protected natural areas for specific purposes ("permitted use"). Such zoning has no resemblance to territorial zoning (urban planning zoning)²².

It is important to note that the differentiated regime of special protection allows for the determination within the boundaries of the relevant specially protected natural territories of various zones, including recreational ones. For example, the recreational zone of the "Losiny Ostrov" National Park is intended for ensuring and carrying out recreational activities, developing physical culture and sports, as well as accommodating objects of the tourism industry, museums, and information centers (paragraph 10.3 of the Charter of the "Losiny Ostrov" National Park²³).

Thus, the legal regime of zones determined on the basis of ecological zoning ensures the achievement of primarily nature conservation objectives. However, when implementing ecological zoning, it may be provided for the determination of zones not directly related to the protection of the natural territory.

N.L. Lisina distinguishes between ecological zoning of the Baikal Natural Territory and zoning of specially protected natural territories with the establishment of functional zones²⁴. Such a conclusion can quite logically follow as a result of a formal-legal analysis of legislative provisions. However, within the scope of this paragraph, it seems necessary to clarify the content of ecological zoning.

Yu.V. Dobrushin's position is that the diversity of natural complexes and methods of managing them, as well as the multiplicity of impacts from various groups of visitors, local population, economic entities, government bodies, and other interested parties represent the main problem of territorial management in a national park. In order to effectively address the tasks set before the national park under these conditions, functional zoning of its territory is applied — that is, dividing it into areas with different priority purposes (functions) and different protection and use regimes. Functional zoning is the most important tool for managing the territory and resources of a national park, allowing to establish an optimal balance between measures of use and special protection for a particular area. Functional zoning determines which management methods best ensure the accomplishment of the national park's tasks on individual areas of its territory. The functional zone is the basic unit of territorial management of the national park²⁵.

The object of ecological zoning is also the Baikal Natural Territory. As noted by S.A. Bogolyubov, new initiatives and specific features of environmental protection on the Baikal Natural Territory provided for during the legislative process have found practical implementation over the past ten years, although the principles and requirements stipulated in the Law on the Protection of Lake Baikal have not been fully implemented²⁶.

The importance of protecting Lake Baikal and the Baikal Natural Territory was recognized quite early on. In 1994, the Government of the Russian Federation approved a Comprehensive Federal Program for the Protection of Lake Baikal and the Rational Use of Natural Resources in its Basin (hereinafter referred to as the Program)²⁷. Section 3 of the aforementioned Program noted that the main objective of the Program is to optimize the relationship between humans and nature aimed at effective reproduction of natural resources, improvement of the environment's condition, and sustainable development of the region. The Program also provided for stimulating scientific and technological progress in the field of rational use of natural resources with the aim of creating a production-technological potential corresponding to modern environmental requirements, especially in those areas where ecosystems are highly vulnerable. At the same time, ecological zoning of Lake Baikal's basin is noted as an organizational basis for addressing these issues in accordance with refined territorial boundaries and regulations governing economic activities on them.

The Federal Law "On the Protection of Lake Baikal", adopted later, provided for ecological zoning of the Baikal Natural Territory in Article 2 (Article 2 of the Law on the Protection of Lake Baikal). According to M.M. Brinchuk, considering the potential of nature as a methodological basis can be viewed as an attempt to introduce legal regulation of natural resource use in the Baikal region with regard to ensuring the status of Lake Baikal as a world heritage site²⁸.

In accordance with Article 2 of the Federal Law "On the Protection of Lake Baikal", on the Baikal Natural Territory the following are designated: 1) central ecological zone²⁹; 2) buffer ecological zone³⁰; and 3) atmospheric influence ecological zone³¹.

According to paragraph 1 of Article 11 of the Federal Law "On the Protection of Lake Baikal," the following are prohibited in the central ecological zone: 1) clear-cutting; 2) conversion of land belonging to the forest fund, occupied by protective forests, into lands of other categories. At the same time, tourism and recreation in the central ecological zone are organized in accordance with rules ensuring compliance with permissible environmental load norms in the central ecological zone. Rules for organizing tourism and recreation in the central ecological zone are approved by the state authorities of the Republic of Buryatia and the state authorities of the Irkutsk region (Article 12 of the Lake Baikal Protection Law)³².

N.V. Kichigin notes that the regime of restrictions on economic activities in the central ecological zone is maximal, therefore, when determining the boundaries of the zone, it is necessary to take into account the fact that economic activities within its boundaries will be paralyzed, and sustainable economic development of these territories will be at risk. At the same time, the strict restriction regime for economic activities in the Central Ecological Zone allows for maximum protection and preservation of Lake Baikal, therefore its size should guarantee ecological safety of the lake and adjacent areas³³.

D.O. Sivakov in a scientific article devoted to the legal protection of lakes noted the high level of legal technique of the Law of the Republic of Armenia dated 14.06.2001 № ZR-190 "On Lake Sevan"³⁴ (hereinafter - the Law "On Lake Sevan"). Chapter 2 of this law provides for ecological zoning, which is carried out in order to restore, protect, reproduce and use the ecosystem of Lake Sevan, regulate economic and other activities on the lake and in its catchment area (part 1 of article 5 of the Law "On Lake Sevan"). According to D.O. Sivakov, in order to regulate economic and other activities on the lake and in its catchment area, the method of ecological zoning is applied, which provides for the formation of a central ecological zone, ecological zones of direct and indirect impact. In the ecological zones of direct and indirect impact, reserves, nature sanctuaries, and territories with free regime of economic activity³⁵ may be located.

In 2009, the Government of the Russian Federation approved the Strategy for socio-economic development of the Far East and Baikal region until 2025³⁶. In section IV of the aforementioned Strategy (current state and prospects for development of basic economic sectors of the Far East and Baikal region), it is noted that in order to address current environmental issues, clear environmental quality standards for the surrounding environment must be established taking into account territorial zoning, based on the principle of permissible impact on the environment, as well as introduce a system of indicators for assessing the state of the environment to carry out monitoring on a systematic basis. Thus, taking into account the results of territorial zoning when preparing standards is aimed at solving existing environmental problems. According to M.M. Brinchuk, the differentiation of requirements for the use of natural resources of the region and the protection of the ecosystem contributes to zoning of the Baikal Natural Territory³⁷.

As O.I. Krassov notes, ecological zoning of the Baikal Natural Territory does not represent any particular procedure. It is carried out on various categories of land in an administrative manner, and its purpose is to establish certain restrictions on economic activities, including when using land for the protection of Lake Baikal. Ecological zoning - establishing limitations on individuals' rights to land³⁸.

According to O.A. Zolotova, the idea of zoning the territory adjacent to Lake Baikal arose in connection with the need to monitor and reduce the level of impact of natural and anthropogenic factors on the lake³⁹.

As a result of analyzing the positions of scholars and provisions of legislation, it can be concluded that zoning of national and nature reserves, as well as zoning of the Baikal Natural Territory, provides for the establishment of a differentiated regime of special protection of natural territories. Taking this into account, it appears that in legislation, "zoning" and "functional zoning" of a national park, "zoning" of a nature reserve, and ecological zoning of the Baikal Natural Territory are understood as identical types of territorial zoning. In order to minimize conflicts in environmental legislation, it seems appropriate to ensure uniformity of terminology with regard to norms regulating social relations related to ecological zoning.

However, the problem arises in choosing the most accurate term to denote the corresponding type of land zoning. Zoning is a general term encompassing a set of special types of zoning. In this regard, using the general term "zoning" with respect to a specific type of land zoning appears unjustified. The term "functional zoning" also seems unacceptable when applied to protected natural areas, as it may lead to conflicts in terms of the relationship with functional zoning carried out within the framework of territorial planning, since one term would be used to denote fundamentally different types of activities.

In view of the above, it appears that zoning of specially protected natural territories should be considered as ecological zoning. In this regard, it is appropriate to recognize the terminology used in the Federal Law "On the Protection of Lake Baikal" and ensure uniformity of terminology by replacing the terms "zoning"⁴⁰and "functional zoning"⁴¹in relation to the territory of the national park, and the term "zoning"⁴²in relation to the territory of the natural park with the general term "ecological zoning". In addition, in order to ensure uniformity of terminology, it is also proposed to replace the term "functional zones"⁴³used in the Federal Law "On Specially Protected Natural Territories" with the term "ecological zones". Such changes in legislation, in our opinion, will contribute to the minimization of conflicts between norms regulating social relations related to environmental zoning.

The analysis of legislation and the positions of scholars allows us to conclude that ecological zoning is a method for determining the legal regime of land through the definition of corresponding zones. At the same time, the legal regime of zones determined on the basis of ecological zoning is an element of the legal regime of land.

It should also be noted that national parks and nature parks are specially protected natural territories, with respect to which legislation provides for zoning. At the same time, it should be taken into account that, for example, Article 9 of the Federal Law "On Specially Protected Natural Territories" (regime of special protection of state natural reserves' territories) does not mention zoning of state natural reserves' territories.

However, in scientific literature, the aforementioned activity is considered as zoning. M.V. Ponomarev notes that the article of the Federal Law "On Particularly Protected Natural Territories" generally provides for ecological zoning of the territory of a state natural reserve: on land plots where any human intervention in natural processes is prohibited; on land plots where partial economic activity is allowed. Specific zoning of reserves' territories, determination of the limits of permissible economic activities on their territories, is defined in the corresponding regulations on state natural reserves⁴⁴.

Thus, ecological zoning is primarily carried out with the aim of preserving natural territories, within the boundaries of which legislation prohibits or restricts certain types of economic activities. At the same time, ecological zoning may be implemented in relation to natural territories regardless of whether such zoning is provided for by federal legislation.

In view of the above, it follows that ecological zoning is a method of determining the legal regime of ecological zones. The legal regime of lands is determined, among other things, based on their belonging to a particular ecological zone. Thus, ecological zoning can also be considered as a method of determining the legal regime of lands. At the same time, the legal regime of an ecological zone is broader than the legal regime of lands within the corresponding zone, since ecological zoning determines the legal regime of lands as part of the natural complex located within the boundaries of the relevant zone.

The legal regime of ecological zones is established from the moment the normative legal act concerning the corresponding natural territory comes into force. Ecological zoning is carried out without conducting a public hearings procedure, which is provided for in project documents on territorial planning and land-use zoning.

The content of the legal regime of ecological zones consists of the order of possible and required behavior of participants in legal relations towards the natural complex located within the boundaries of the relevant zones, as established by legal norms.

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