Legal regime of land industry, transport and other special purpose. The legal regime of land transport land transportation can be provided on the right

Legal regime of land road transport

To ensure the activities of organizations and operation of road transport facilities and objects, according to paragraph 3 of Art. 90 ZK may be provided land for:

accommodation of roads, their structural elements and road structures;

accommodation of bus stations and bus station, other road facilities and objects of the road economy necessary for the operation, maintenance, construction, reconstruction, repair, development of land and underground buildings, buildings, structures, devices;

installation of road removal strips.

Land plots on road removal bands within the land of road transport can be transmitted in the established order to rent citizens and legal entities, accommodation of road service and outdoor advertising objects.

On the stripping of roads, with the exception of cases envisaged by the legislation, it is prohibited: the construction of residential and public buildings, warehouses; Conducting construction, geological exploration, topographic, mountain and survey work, as well as a device of ground structures; The disarm of the land of the leaf of grass, the rin and damage to perennial plantations, the removal of the turf and the ground removal; Installation of outdoor advertising, information boards and pointers that are not related to security road. Sheinin L.B. Land law of Russia. - M., 2007.

Railway removal band - Land plots adjacent to railways, land plots intended for accommodating railway stations, drainage and strengthening devices, protective strips of forests along railway paths, communication lines, power supply devices, industrial and other buildings, buildings, structures, devices and other railway transport facilities.

To create the normal conditions of operation of federal highways and their safety, ensuring the safety requirements of road traffic and the safety requirements of the population, roadside bands are created in the form of federal roads of land plots on both sides to the landscapes of federal roads of land plots by the provision of a special mode of their use, including the construction of buildings, buildings and buildings and structures, restriction of economic activity within roadside strips, installation of advertising boards and posters that are not related to traffic safety.

The owners of land plots, land users, landowners and tenants of land located within such roadside bands should be notified by the relevant executive authorities of the subjects of the Federation on the special mode of use of these land plots.

The situation on the lands of transport includes road housekeeping land, land engaged in roads and directly adjacent to them buildings and structures, as well as structures and devices of energy, garage, benzoocarditus, bus station and bus stations and other structures. The main part of the lands of roads - the strip of removal.

In roadside stripes of roads, a special mode of use of lands is installed. Decree of the Government of the Russian Federation of December 1, 1998 No. 1420 approved the rules for establishing and using roadside strips of federal roads common use SZ RF. 1998. No. 49. Art. 6059; 2000. No. 6. Art. 776.

The special regime of the use of land within the roadside bands provides a number of restrictions in the implementation of economic activities within these bands to create normal operating conditions of roads and their safety, ensuring the safety requirements of the road traffic and the safety of the population.

Owners, owners, users and tenants of land located within the roadside bands should be notified by the relevant executive authorities of the subjects of the Russian Federation on the special mode of using these lands. Land plots within the roadside strips of their owners, owners, users and tenants are not withdrawn.

The control over the placement within the roadside bands of objects and compliance with the requirements of these rules is carried out by specially authorized executive authorities of the subjects of the Russian Federation, the authorities for which the management of federal road roads are entrusted, as well as the traffic police of the Ministry of Internal Affairs of Russia.

The width of each roadside band is differentiated depending on the category of the Federal Automobile Road and, taking into account the prospects for its development. In the boundaries of settlements, the size of the roadside strip for the existing federal roads is set to the boundary of the existing development, but not more than 50 m. Denote the boundaries of roadside strips of the controls of federal roads.

The main limitation of the rights of owners, owners, users and tenants of land plots is that the construction of capital structures (structures with a service life of 10 or more) are prohibited within the roadside bands), with the exception of road service facilities, traffic police facilities of the Ministry of Internal Affairs of Russia and road service facilities .

Owners, owners, users and tenants of land located within the roadside strips have the right to exercise economic activities in these land plots, taking into account restrictions, established rules; erect objects permitted by the land plots provided by him; Receive information about the repair or reconstruction of the federal highway. Jarikov Yu.G., Sheinin L.B., Sivakov O.V. Land Law: Tutorial. - M., 1995

On the owners, owners, users and tenants of land located within the roadside strips, the following duties are assigned: to comply with land use rules within roadside strips, as well as norms environmental safety; Do not harm the federal road, comply with the operating conditions of the highway and road safety; provide admission to the land plots of representatives of the Office of the Federal Automobile Dear, and also to fulfill the prescriptions issued by them; coordinate with the authority of the Federal Automobile Dear and the traffic police providing land plots within roadside strips, as well as the construction of such land plots of buildings and structures to them; In cases stipulated by the rules, to demolish and transfer noncapital buildings and structures erected on land.

In cases of the construction of objects with violation of the rules within the roadside lanes, buildings and structures are recognized in the prescribed manner of unauthorized construction, and for those who built them, the measures provided for by the legislation of the Russian Federation are being taken.

For violation of the rules, owners, owners, users and tenants of land sites located within the roadside strips can be held accountable in the manner prescribed by law.

The boundaries of the security zones on which the objects of the gas supply system are placed on the basis of construction norms and rules, the rules for the protection of trunk pipelines, other approved in the current manner regulatory documents.

In these land plots, it is not allowed to build any buildings, buildings, structures within the established minimum distances to the objects of the gas supply system. Jarikov Yu.G. Russian land right: textbook. - M., 2006

It is not allowed to impede the organization to the owner of the gas supply system or the organization authorized in the maintenance and repair of the objects of the gas supply system, the elimination of the consequences of the accidents arising on them, disasters (clause 6 of Article 90 of the Ts).

On land areas related to the lands of transport, security zones are established with the special conditions for the use of such land plots.

State regulation in the field of road transport

State regulation in the field of general use road transport is carried out in order to: ensuring the balance of the interests of the state ...

Land law

Legal regime of land settlements It is the procedure for the use and protection of land plots established by the norms of land, urban planning and other legislation within the boundary of the settlement ...

Land legal relations

One of the categories of land established by the Land Code of the Russian Federation - land of agricultural purposes. Land Code Russian Federation From 10/25/2001 No. 136-ФЗ (adopted by the State Duma of the FS RF 28.09.2001) (Ed. dated December 27, 2009) // Meeting of the Legislation of the Russian Federation, - 29.10.2001. - № 44 ...

Land transport

In order to ensure the activities of organizations and operation of railway transport facilities, land plots may be provided for: placement of railway tracks; Accommodation, operation ...

Transport land under the legislation of the Republic of Belarus

Transport land includes areas provided to enterprises and transport organizations to fulfill the tasks of operation, content, construction, reconstruction, repair ...

International cooperation in the use and protection of land. Legal Regime Land Water Fund

In accordance with the Earth Code, the Lands of the Water Fund include land employed by water facilities, as well as land plots provided for water management, including for the placement of water management and devices ...

Methodology for conducting cadastre of land engaged in roads with the use of land information systems

The objects of transport systems of the Russian Federation, regions and municipalities are occupied by significant land areas, about 700 thousand hectares. Their legal regime depends on the type and purpose of transport communications ...

The procedure for investigations of accidents and accidents on transport

Automobile transport is now the most common type of transport. Automobile transport younger railway and water, the first cars appeared at the very end of the XIX century ...

Ownership of land and forest management

Legal Regime Land Water Fund

The procedure for the use and protection of land of the water fund is regulated by the Land Code of the Russian Federation and water legislation ...

Legal regime of land settlements

The legal regime of land settlements is a combination of contained in the land, environmental, urban planning and other legislation of the Russian Federation and its subjects ...

Earth agricultural land is essential in the development of the Russian economy, they are the main sphere of products for public and raw materials for industry. Existing legislation, as a rule ...

Legal regime of agricultural land

Article 78. Land Code The Russian Federation specifies the goals of the use of land agricultural land and lists the subjects that have the right to use the lands of this category ...

Legal regime of agricultural land

The peasant (farmer) economy is a unification of citizens related to relationship and (or) property ...

Land transport - Earths that are used or are intended to ensure the activities of organizations and (or) operation of automotive, marine, inland water, rail, air and other types of transport and the rights to which the participants in land relations on the grounds provided for by the RF RF, federal laws and the laws of the constituent entities of the Russian Federation (Article 90 of the RF RF).

In order to ensure the activities of organizations and operation of railway transport facilities

1. placement of railway tracks;
2. placement, operation and reconstruction of buildings, buildings, structures, including railway stations, railway stations, as well as devices and other objects necessary for operation, maintenance, construction, reconstruction, repair of land and underground buildings, buildings, structures, devices and other railway transport objects;
3. installation of strips of removal and security zones of railways.

Free land on the rope of railways within the land of railway transport can be leased Citizens and legal entities for agricultural use, provision of services to passengers, warehousing of goods, devices of loading and unloading sites, facilities of varnish warehouses (with the exception of flavors of fuel and lubricants and gas stations of any types, as well as warehouses intended for storage of hazardous substances and materials) and other purposes subject to the compliance with the safety requirements of the movement established by federal laws.

The procedure for the establishment and use of the bandwidth and the security zones of railways is determined by the Government of the Russian Federation.

See the Regulation on the procedure for the use of land of federal railway transport within the Railway Hills Strip, approved by the Order of the Ministry of Internal Affairs of the Russian Federation of May 15, 1999 N 26c

In order to ensure road activities Land plots may be provided for:

1. accommodation roads;
2. placement of road service facilities, objects intended for road activities, stationary posts of internal affairs bodies;
3. installation of road removal strips.

Land plots in the borders of road removal strips citizens and legal entities can be provided to accommodate road service facilities.. For creating required conditions The use of roads and their preservation, ensuring compliance with the safety requirements of road traffic and ensure the safety of citizens, roadside strips of roads are created. The establishment of the boundaries of the roadway bands and roadside rods of roads, the use of such lanes and roadside bands is carried out in accordance with the legislation of the Russian Federation on road road and road activities.

See the administrative regulations of the Rosavtodor providing the State Service for the provision of citizens or legal entities of land within the borders of the roadway of the automotive road of federal significance to accommodate road service facilities, approved by the order of the Ministry of Transport of Russia of May 5, 2012 N 137

In order to ensure the activities of organizations and operation of marine, indoor water transport facilities may be provided with land plots for:

1. placement of artificially created inland waterways;
2. placing marine and river ports, berths, marine, hydraulic structures, other objects necessary for the operation, maintenance, construction, reconstruction, repair of land and underground buildings, buildings, structures, devices and other objects of marine, inland water transport;
3. highlighting the coastal strip.

The coastline of inland waterways is allocated for work related to shipping and alloy along the inner waterways, outside the territories of settlements. The procedure for the allocation of the coastal strip and the use of it is determined by the Code of Inland Water Transport of the Russian Federation.

See the Regulations on the special conditions of the use of the coastal strip of the inland waterways of the Russian Federation, approved by the Decree of the Government of the Russian Federation of February 6, 2003 N 71

In order to ensure the activities of organizations and operation of air transport facilities Land plots may be provided to accommodate airports, airfields, airports, runways, other ground objects needed for operation, content, construction, reconstruction, repair of land and underground buildings, buildings, structures, devices and other air transport facilities.

In order to ensure the activities of organizations and operation of pipeline transport facilities Land plots may be provided for:

1. placement of ground objects of the system of oil pipelines, gas pipelines, other pipelines;
2. placement of ground objects necessary for the operation, maintenance, construction, reconstruction, repair of land and underground buildings, buildings, structures, devices and other pipeline transport facilities.

The boundaries of the security zones on which the gas supply system objects are placed on the basis of construction standards and rules, the rules for the protection of main pipelines, other regulatory documents approved in the prescribed manner. On the specified land plots in their economic use the construction of any buildings, buildings, structures within the established minimum distances to the gas supply system objects are not allowed.. It is not allowed to impede the organization - the owner of the gas supply system or the organization authorized in the maintenance and repair of the objects of the gas supply system, eliminating the consequences of the accidents arising on them, catastrophes.

Land plots provided for construction, reconstruction, overhaul of pipeline transport facilities, from land of other categories are not subject to translation into the category of transport lands and are provided for the period of construction, reconstruction, overhaul such objects. After commissioning of pipeline transport facilities, land plots provided for the period of construction, reconstruction, overhaul of such facilities are returned to owners of land plots. On land, where underground pipeline transport facilities are located, related to linear objects, the execution of the rights of the owners of pipeline transport objects is not required.

Restrictions on the owners of land plots occur due to the establishment of security zones of such objects.

3.5

Transport lands recognized land that are used or intended to ensure the activities of organizations and (or) operation of automotive, marine, inland water, railway, air, pipeline and other types of transport and the rights to which land relations arose in the foundations provided for in this Code , federal laws and laws of constituent entities of the Russian Federation.

In order to ensure the activities of organizations and operation of railway transport facilities, land plots may be provided for:

1) placement of railway tracks;
2) placement, operation and reconstruction of buildings, structures, including railway stations, railway stations, as well as devices and other objects necessary for the operation, maintenance, construction, reconstruction, repair of land and underground buildings, structures, devices and other railway facilities transport;
3) Installing the outlet strips.

Free land on the rope of railways within the land of railway transport can be leased to citizens and legal entities for agricultural use, providing services to passengers, warehousing of goods, devices of loading and unloading sites, facilities of variety warehouses (with the exception of flavors of fuel and lubricants and Petrol stations of any types, as well as warehouses intended for storing hazardous substances and materials) and other purposes, subject to the safety requirements established by federal laws.

The procedure for establishing and using railway outlet strips is determined by the Government of the Russian Federation.

In order to ensure road activities, land plots may be provided for:

1) road accommodation;
2) placement of road service facilities, objects intended for road activities, stationary posts of internal affairs bodies;
3) Installing road removal strips.

Land plots within the borders of road removal bands may be provided in the Citizens and legal entities established by this Code to accommodate road service facilities. To create the necessary conditions for the use of roads and their safety, ensuring compliance with the safety requirements of road traffic and ensure the safety of citizens are created roadside strips of roads. Establishing the boundaries of road off roads and roadside rods of roads, the use of such lanes and roadside bands is carried out in accordance with this Code, the legislation of the Russian Federation on roads and on road activities.

In order to ensure the activities of organizations and operation of marine, indoor water transport facilities may be provided with land plots for:

1) placement of artificially created inland waterways;
2) placing the objects of the infrastructure of seaports, objects of river ports, berths, marins, hydraulic structures, other objects necessary for operation, maintenance, construction, reconstruction, repair of land and underground buildings, structures, devices and other marine, inland water transport;
3) allocations of the coastline.

In order to ensure the activities of organizations and operation of air transport facilities, land plots may be provided to locate airports, airfields, airports, runways, other ground objects necessary for operation, content, construction, reconstruction, repair of land and underground buildings, structures, devices and other air transport facilities.

In order to ensure the activities of organizations and operation of pipeline transport facilities, land plots may be provided for:

1) placement of ground objects of the system of oil pipelines, gas pipelines, other pipelines;
2) placement of ground objects necessary for operation, content, construction, reconstruction, repair of land and underground buildings, structures, devices and other pipeline transport facilities;
3) lost strength.

In order to create conditions for the construction and reconstruction of automotive, water, railway, air and other types of transport, lands are reserved. The procedure for reserving lands for these purposes is established by federal laws.

Land plots provided for construction, reconstruction, major repairs of pipeline transport facilities, from land of other categories are not subject to translation into category Lands of transport and are provided for the period of construction, reconstruction, overhaul of such objects. For land, where underground pipeline transport facilities related to linear objects are placed, the execution of the rights of the owners of pipeline transport facilities in the manner prescribed by this Code is not required. The owners of land plots arise restrictions on the establishment of security zones of such objects.

These include the land, which can be used either are intended to implement the tasks associated with the provision:

company activities;
operation of objects related to air, rail, water (river, sea), automotive vehicles;

Determination of land lands and categories of sites that make up these land is regulated.

Legal regime of land transport possesses several features:

it establishes a zone that has a special condition for the use of territories;
it applies to areas that belong to transport areas and adjacent posts.

Provision of land transport

Transport land (based on paragraphs 2-8, 90th article ZK) designed and can be used In order to ensure the operation of the structures and activities of companies that can be attributed to the industry:

Railway transport.Free areas related to the lands of railway transport may be provided for leasing by physical or legal entities under:
- unloading and loading device;
- warehousing and storage of various cargo (except explosive and chemicals or fuels);
- providing various services to passengers;
- construction of varnish warehouses;
- agricultural activities.
Road transport. Plots of the Earth, which are in the zone of motorway removal, are provided by the Physical and Jur. Persons for creating buildings of the road service designed to recreate the necessary conditions for the safety and use of roads and safety of motor vehicles.
Water (river, maritime) transport. Private companies and individuals are provided by part of the coastline of inland waterways, which are located beyond the location of the settlement, to conduct work in the enterprise of shipping by river paths.
Air transport. Public and private companies are provided with territories to accommodate underground and terrestrial objects that are necessary for repair, reconstruction and control of air liners.
Pipeline transport. In areas of land of the pipeline system provided to citizens and companies to conduct a credibility, located near the main pipeline, the construction of various buildings and the creation of obstacles to emergency repair work on the pipeline lines are prohibited.

On the lands of transport can be placed several types of objects:

railway tracks, stations and train stations;
strips Taps and security zones for railway tracks;
automobile roads, road service services, stationary posts of the Ministry of Internal Affairs;
water lines appearing with artificial way, river and marine pier, pier, ports, lighthouses;
boarding and takelets, airports, airfields, airports;
pipeline, gas pipeline, oil pipeline systems.

Dimensions of land transport

Dimensions land of transport Defined on the basis of current legislation or typical projects for the construction of transport buildings. In a situation where there are no current legislation and there is no opportunity to use typical projects (due to the specifics of the relief, climatic or technical and engineering features, the subtleties of the object under construction), the size of the plots can be defined using design and estimate documentation.

The right to determine the size of the transport land is endowed with municipal or state structures that carry out accounting and control of territories relating to the appropriate types of transport (air, railway, water, automotive).

Private case

Article 90 (paragraph 8) ZK The restriction on the translation of land in the category of transport land is introduced. In particular, put on ones, which are used to reconstruct, erend, overhaul of the objects of the pipeline system, but belong to other categories of land, are not transferred to the group "Land of Transport", but only provided for temporary use For the period of the implementation of the necessary repair activities.

Conclusion

Summing up the article, several key points should be allocated:

Transport land is designed to place buildings that will be used in direct appointment and for repair purposes in the transport industry.
Plots belonging to other land categories, but used to maintain pipelines are not translated into the category of "transport land".
Reservation of land lands occurs in the manner approved resolution No. 561..

List of laws

The most popular questions and answers to them on the lands of transport

Question: My name is Svyatoslav Zakharovich. I am the head of the city council in a small village of the Sverdlovsk region. At one of the outskirts of the city, the construction of a new microdistrict is held (which will contain orders 10-15 multi-storey houses). At the session of the City Council, it was decided to build the city near the new microdistrict a small reserve power plant designed to supply new houses with electricity. Power station will be connected to the city The line of electrical storage facilities attached to metal supports that will be installed on the sections of the garden cooperative. However, since the local budget at the moment is not enough funds for the construction of the power plant, it was decided to begin construction work next year. I have a question: on what basis and for what period do you can reserve land to place the lines of electrical storage on them?

Answer: Svyatoslav Zakharovich, in your case the land of the garden cooperative can be reserved for a period up to twenty years, and the basis for reservation serve and 90 (paragraph 8) ZK. Reserved the territory should be in the manner that is approved in 2008. Stages of actions will be as follows:

Deputies of the City Council must be a petition for the reservation of incidents and send it to you for consideration. Together with the petition, you should be provided with a few more documents issued by Rosrester and containing information on the planning of the territory, which will be reserved.

Based on the received documents, you make a decision on reserving the territory. The decision must be written in writing (in the form of an act). In the compiled act, mandatory, information about:
duration and goals of reservation of incidents;

details of the document, which served as the basis for reservation (in your case, is the decision of the deputies of the city council);

date and place where the heads of the garden cooperative will be familiar with the decision.

In local media (newspapers or television channel), it is necessary to publish either voice the decision. After that, the reservation of the plots acquires strength.

A group of deputies, which controls the reservation process, should send the scheme of the reserved posts and a copy of the decision to Rosreestr to register the rights established by the adopted act.

1. Transport lands recognized land that are used or intended to ensure the activities of organizations and (or) operation of automotive, marine, inland water, railway, air, pipeline and other types of transport and the rights to which the participants of land relations under the grounds provided for This Code, federal laws and laws of the constituent entities of the Russian Federation.

2. In order to ensure the activities of organizations and operation of railway transport facilities, land plots may be provided for:

1) placement of railway tracks;

2) placement, operation and reconstruction of buildings, structures, including railway stations, railway stations, as well as devices and other objects necessary for the operation, maintenance, construction, reconstruction, repair of land and underground buildings, structures, devices and other railway facilities transport;