The establishment of functional zones within the boundaries of a special protected natural territory must be adequately substantiated.
When designating functional zones within the boundaries of a particularly protected natural [territory](/enc/33369/ "Definition of the term 'territory' in the legal encyclopedia) appropriate justification for establishing such zoning must be provided.
Landowners, whose land plots have been included by a government decree of a subject of the Russian Federation on the establishment of a protected natural area of regional significance - an ecological park within the boundaries of this protected natural area, filed a claim with the court requesting the recognition of the aforementioned decree as invalid in part relating to the functional zoning of the protected natural area.
Satisfying the submitted requirement, [court](/enc/31724/ "Definition of the term
For land areas of particularly protected natural territories (OOPT) in order to preserve unique and typical natural complexes and objects, as well as plant and animal world objects, a special legal regime for their use is established, limiting economic activity (paragraphs 1, 2 Article 94 of the Russian Land Code, preamble of the law on OOPT).
The Law of the Subject of the Russian Federation on Protected Natural Territories (OOPZ), within whose boundaries the disputed land plots are located, provides for the designation of functional zones with different protection regimes and usage modes on territories of ecological parks, depending on the ecological and cultural value of individual natural complexes and objects.
One of the documents approved by the contested decision contains a textual description of two functional zones: protective and economic. The protective zone does not allow for economic activity and is oriented towards preserving the natural environment in its natural state, as well as preserving and restoring ecosystems. The economic zone provides for the possibility of using and preserving capital construction objects on land plots,
provided for individual housing construction before the establishment of special protected natural territories (SPNT).
The court, including taking into account the conclusion of judicial environmental expertise, has established that at the time the project for creating a protected natural area (OOPT) was initiated, there were capital construction objects located in its southwest part, including those owned by persons who submitted the corresponding claim to the court, for whom the economic zone has not been designated; at the same time, such zone is designated for
similar objects in the north-western part taking into account the historically established location of gardening cooperatives.
Thus, land plots within the boundaries of protected natural territories with similar characteristics in terms of territory development territory are classified into functional zones having different protection and usage regimes. At the same time, the justification for such functional zoning is not provided.
Source: [Thematic Review by the Supreme Court of the Russian Federation No. 11/2026. On the consideration by courts of cases related to rights to land plots of certain categories of land removed from circulation and restricted in circulation, and on the use of such plots](https://%D1%81%D1%83%D0%B4%D0%B5%D0%B1%D0%BD%D0%B0%D1%8F%D0%BF%D1