When establishing a state natural reserve, the prior consent of users, owners, and proprietors of land plots included within its boundaries is not required
When creating a state natural reserve, obtaining prior consent from users, owners, and proprietors of land plots included within its boundaries is not required.
The society challenged in court the regional [normative legal act](/enc/16041/ "Definition of the term 'Normative Legal Act' in the legal encyclopedia), by which a state natural biological reserve (hereinafter - biological reserve) was established, its boundaries were defined, and the [regulations](/enc/9743/ "Definition of the term 'Regulations' in the legal encyclopedia) on the biological reserve were approved.
The society referred to the fact that the inclusion by the aforementioned normative legal act of the land plots provided to it under the lease agreement for the purposes of organizing hunting and conducting a hunting business within the boundaries of the biological reserve violates its rights, since the provisions of the reserve on its territory prohibit any activity, if it contradicts the objectives of establishing the reserve or causes harm to natural complexes and their components, in
including commercial, sports, and amateur hunting, harvesting of animal objects not classified as hunting resources, and implementation of other forms of wildlife utilization.
Leaving the requirement of the society unfulfilled, the court based its decision on the fact that including a land plot within the boundaries of a biological reserve does not indicate unlawfulness of the contested regional regulatory legal act, since the specified restriction is not established by the Law on Protected Natural Areas (OOPT), allowing the territory to be declared a state natural reserve as
with or without expropriation from users, owners, and proprietors of land plots, whose prior consent is not required (Paragraph 2 of Article 22 of the aforementioned law).
Such coordination is not provided for by the Land Code of the Russian Federation, regulating the legal regime of land of protected natural territories (OOPT), classifying these data lands as objects of national heritage (paragraph 2 of Article 95 of the Land Code of the Russian Federation).
The possibility of restricting the rights and freedoms of right holders and other persons when establishing protected natural territories is provided for by OOPT legislation (article 24 of the Law on Protected Natural Territories).
Source: Thematic Review of the Supreme Court of the Russian Federation No. 11/2026. On the consideration by courts of cases related to land rights for certain categories of land removed from circulation and restricted in circulation, and on the use of such land plots