The establishment of a state nature reserve serves as a basis for amending the terms of an agreement providing for activities incompatible with the regime of protected natural territories.
The issuance of a regulatory act by an authorized body on the establishment of a state natural reserve is the basis for amending or terminating a previously concluded contract, under which activity not related to the preservation and study of natural complexes and objects is carried out.
Between the society and the Department of protection and use of wildlife objects, a hunting management agreement for a period of 49 years has been concluded.
The Department filed a claim with the court requesting the exclusion from the hunting area of forest ranger quarters included within the boundaries of a nature reserve being established on the basis of a government decree of a subject of the Russian Federation.
Courts requirement of the department was satisfied on the following grounds.
According to paragraph 15 of Article 1 and part 1 of Article 7 of Federal Law No. 209-FZ of July 24, 2009 "On Hunting and on Conservation of Hunting Resources and on Amending Certain Legislative Acts of the Russian Federation", the boundaries of hunting grounds include [lands](/enc/9280/ "Definition of the term 'Lands' in the legal encyclopedia), the legal regime of which allows for the carrying out of activities in the field of hunting management.
According to the provisions of Article 95 of the Land Code of the Russian Federation, on the lands of state natural reserves, it is prohibited to carry out activity, not related to the conservation and study of natural complexes and objects and not provided for by federal laws and laws of the subjects of the Russian Federation.
Due to Article 47 of Federal Law No. 52-FZ dated April 24, 1995 "On Wildlife," the right to use wildlife is terminated fully or partially, including in cases of using territory, water area for state needs excluding use of wildlife. Compulsory termination of the right to use wildlife is carried out through judicial proceedings.
The creation of state natural reserves of regional significance, determination of tasks and characteristics of the special protection regime of a specific state natural reserve of regional significance is the prerogative of executive authorities of the subjects of the Russian Federation, which on the territories of state natural reserves are entitled to permanently or temporarily prohibit or restrict any activity, if it contradicts the objectives of establishing state natural reserves or causes harm to natural complexes and their components.
Court established that the forest compartments listed in the petition section of the claims are included within the boundaries of a state natural biological reserve, created on the basis of a government decree issued by a subject of the Russian Federation significantly later than the date of conclusion of the hunting management agreement.
Evaluating the provision on the state natural biological reserve, the court established that conducting further activities by the company for preserving hunting resources and their habitat and creating hunting infrastructure within the boundaries of the disputed land plot contradicts the objectives of establishing a protected natural area of regional significance and does not comply with its usage regime, taking into account Article 24 of the Law on Protected Natural Areas, [Article 451 of the Russian Civil Code](https://alexeyborisov.ru/law/gkrf/st451/
"Article 451 of the Civil Code of the Russian Federation") came to a conclusion about the necessity of introducing corresponding changes to the hunting management agreement as related to a significant change in circumstances.
Source: Thematic Review of the Supreme Court of the Russian Federation No. 11/2026. On the consideration by courts of cases concerning the rights to land plots of certain categories of land excluded from circulation and restricted in circulation, and on the use of such plots