The lease of a land plot within the shore zone of a water body is permitted by the local self-government authority provided that access for citizens is ensured.
Lease Agreement of a land plot located within the boundaries of the shore zone of a water object for public use on territory of the corresponding municipal formation may be concluded by the authorized body of local self-government.
Prosecutor addressed requirements to a citizen and a local government body regarding the invalidation of lease agreements for land plots whose boundaries partially overlap with the shore zone of a lake, and imposition of an obligation to transfer the land plots to the territorial management of Rosimushchestvo.
Denying satisfaction of the requirements, Court based its decision on the following.
According to the general rule established in Article 8 of the Water Code of the Russian Federation, water objects are owned by the Russian Federation (federal ownership).
At the same time, provisions of the Water Code of the Russian Federation do not regulate the legal status of land plots adjacent to water objects, including within the shoreline zone or water protection zone, and do not distinguish them by levels of public ownership (Article 2 of the Water Code of the Russian Federation).
The criteria for demarcating state ownership of land are established by articles 16-19 of the Land Code of the Russian Federation (ZK RF), and article 3.1 of the Law on the Introduction into Force of the Land Code of the Russian Federation.
In accordance with paragraph 28 of Part 1 of Article 15, and paragraph 36 of Part 1 of Article 16 of the Federal Law of October 6, 2003, No. 131-FZ "On the General Principles of Local Self-Government in the Russian Federation," the exercise within the limits established by the water legislation of the Russian Federation of the rights of the owner of water objects, the establishment of rules for the use of water objects of general use for personal and household needs, including ensuring free access of citizens to water objects of general use and their shorelines, as well as the establishment of rules for the use of water objects for recreational purposes is classified as matters of local importance.
municipal district, municipal, urban settlement.
In the absence of evidence regarding the demarcation of rights to disputed land plots or the acquisition by the Russian Federation of rights to them on other grounds court came to the conclusion that they are located in state unallocated ownership. At the same time, due to paragraph 2 of article 3.3 of the Law on the Introduction into Force of the Land Code of the Russian Federation, paragraph 4 of article 39.8 of the Land Code of the Russian Federation contract for renting disputed land plots located within the boundaries of the corresponding
The agreement on the municipal formation could have been concluded by the authorized body of local self-government provided that the lessee ensures free access by citizens to a water object of public use and its shoreline.
Source: Thematic Review by the Supreme Court of the Russian Federation No. 11/2026. On consideration by courts of cases related to land rights for certain categories of land removed from circulation and restricted in circulation, and use of such plots