Legal regime of road land. Legal regime of industrial lands, transport and other special purpose of transport, their characteristics

In land legislation, it is quite clearly spelled out for what purposes and how to use certain lands, including land allocated for transport.

The concept of transport land

Transport land, according to Article 87 of the Land Code of the Russian Federation, are a separate land category, the use of which is controlled by the state. A more detailed definition and legal mode of transport is described in Article 90 of the Land Code of Russia.

Transport land is land, the main purpose of which is the organization, use and operation to provide objects of various types of transport, as well as arising in connection with their use of land relations.

Questions are regulated not only by the Land Code of Russia, but also by various subject federal laws, as well as the relevant laws of the constituent entities of the Federation, which are related to land use issues.

Types of transport, their characteristics

The concept of land lands imply the use of land for the following varieties of transport:

• for a message to the railway;
• sea routes and marine spaces adjacent to the state;
• for inland waterways;
• for car message;
• air Transport;
• other types of transport.

The legal regime of transport land implies the use of land, which are outside the settlements, however, enter or can enter the territories that they are serviced. According to the current legislation of the Earth, if this does not interfere with their use for direct purpose, can be leased for agricultural or other needs.

Railway transport land implies use with the following objectives:

• for placement and installation of railway tracks;
• in order to be installed removal land, as well as the security sections of the railway tracks;
• to accommodate all buildings and objects related to the railway report. These are stations, stations, transitions (ground and overhead), other objects.

Land of railway transport, according to the current legislation, should be used with the following regulatory legal acts:

• urban planning;
• land norms;
• sanitary;
• fire-fighting;
• environmental;
• other acts involving the operation of transport land.

The legal regime of railway transport land implies the fact of the use of lands near the laid ways and railway destination facilities for lease to individuals or legal entities. At the discretion of the municipality to which the land of transport belongs, the land near them can be leased for the construction of a residential array or for any other needs.

At the same time, the use of leased lands should not prevent the normal operation of transport land and everything is located on them.

Lands of road transport can be used for the following purposes:

• for the construction and operation of the road facility;
• for the placement and use of automotive and road service facilities, as well as to accommodate road posts located in the Department of Management of the Ministry of the Interior;
• to establish and use automotive removal lands. The latter can be rented for agricultural needs.

Maritime land, as well as inland water transport can be used with the following targets:

• to highlight the shore strip, as well as its operation;
• to accommodate objects needed for service and the use of maritime transport. These objects include seaports, moorings, pyrses, technical facilities and buildings, as well as other objects;
• to accommodate water paths created by artificially.

The coastline, according to the current legislation, is used to serve sea transport, but this does not exclude the fact of renting some of its sites to individuals or legal entities for their activities.

The legal regime of air transport land implies the allocation of land for normal operation of air transport, its maintenance, placement of objects and structures that are necessary for this.

For example, for the construction of airports, airports, landing lines and take-off airplanes, helicopters and other vehicles that fall under the category of air.

Legal regime Land of pipeline transport

Earths that are assigned to gas supply are under special protection of the state. Therefore, it is strictly forbidden to locate, construction and unscheduled reconstruction of any objects that are not provided for by the norms of current legislation.

Lands of pipeline transport can be used, according to Article 90 of the Land Code of Russia, exclusively for the following purposes:

• In order for them to be placed (it means terrestrial construction) of construction or buildings, as well as any other objects needed to use or laying the pipeline, gas pipeline, as well as other types of pipeline objects;
• In order for them to be posted (implies exclusively terrestrial construction and operation) of the construction and buildings, which are needed for the correct operation of any type of pipeline.

Earths that are intended for transporting this species cannot be leased or perpetual use of anyone (both individuals and legal entities), as well as for the needs of the state or municipality that do not imply the use of pipeline transport.

Order, regulating land redundancy for construction and reconstruction of transport facilities

According to Article 70.1 of the Land Code of the Russian Federation, the land in the use of individuals, legal entities, municipality and states can be reserved for the construction or reconstruction of transport facilities on the grounds that are spelled out in Article 49 of the Land Code of Russia. The lands may be withdrawn from owners to temporary use with compensation or appropriate substitution in nature (instead of one site, which is subject to reservation, is offered equivalent to temporary use).

Reservation has its own shelf life. The legislation provides that the Earth may be temporarily used for construction or reconstruction for no more than three years, and if these lands were previously owned by the state, but were used for other purposes, then for a period of no more than two years.

In addition, the land that belongs to the state, but not used for some purpose, were not leased or perpetual use of individuals and legal entities for operation, can be reserved to reconstruct or building transport facilities for up to 20 years.

At the same time, the change in the legal status of land for the time of reservation is not provided. The reservation procedure is established by the Government of the Russian Federation.

Ban on the change in the category of land provided for construction, reconstruction, overhaul of pipeline transport

According to paragraph 8 of Article 90 of the Land Code of the Russian Federation, the translation of land to another category is prohibited if they were provided for construction / reconstruction or overhaul of those objects that are intended for pipeline transport.

If all other transport land can over time to purchase another status (for example, be translated from transport land in agricultural land), then pipeline lands are deprived of this possibility.

This is due to the complex technically and dangerous practically exploitation of this type of land. Earths that are in private ownership of individuals or legal entities can be withdrawn if it is required to operate pipeline transport (for example, laying such networks).

Those lands on which the underground level are pipelines, do not require registration from companies that are serviced and used. However, the right to use the Earth becomes limited: the land cannot be sold, surrender or use without the appropriate permission of the executive bodies, government bodies or bodies of the municipal government.

Article 90 of the RF RF, establishes the basis of the use of land of transport. The objects of transport systems of the Russian Federation are occupied by significant land areas of the state. The legal regime of these lands, first of all, depends on the type and purpose of transport communications. In Russia, these main types of transport are distinguished as automotive, rail, aircraft, pipeline, water.

The functioning of transport systems in the Russian Federation is regulated by the legislation on transport, which is formed both at the federal level and at the level of the subjects of the Russian Federation and the local level. Data regulatory acts can identify features of the use of land lands, as well as legal mode of security zones. It should be noted that the legal regime of transport lands is settled, in comparison with other lands of this category, in detail.

Thus, the Federal Law of 03/31/1999 No. 69-FZ "On Gas Saving in the Russian Federation" (as amended by August 22, 2004) establishes that land plots for the construction, operation and repair of gas supply systems are transferred to organizations - owners of gas supply systems in order defined by the land legislation of the Russian Federation.

On land areas related to the lands of transport, security zones are established with the special conditions for the use of such land plots. The boundaries of the security zones of the gas supply system objects are determined on the basis of construction standards and rules, rules for the protection of main pipelines, other regulatory documents approved in the prescribed manner. The owners of these land plots during their economic use cannot build any building, structure, structures within the established minimum distances to the objects of the gas supply system without coordination with the organization - the owner of the gas supply system or the organization authorized by it; Such owners do not have the right to repair the obstacles of 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, eliminate the consequences of the emergence of accidents, disasters.

Federal Law of August 25, 1995 No. 153-FZ "On Federal Railway Transport" (as amended from 10.01.2003) established land use rules in order to ensure the functioning of railways. At the same time, railway transport lands are the land of federal significance provided by its enterprises and institutions to implement special tasks assigned to them. Railway transport land includes land allocated to railway tracks and stations (including a disqual strip), as well as under protective and strengthening, buildings, buildings, structures and other objects necessary for the operation and reconstruction of railways, taking into account the prospects for their development.

For the purposes of temporary, enterprises and institutions of railway transport can be provided with land on lease terms.

The procedure for the use of railway land within the dispensing band is determined by the federal executive body in the field of railway transport, taking into account the requirements of the Land Legislation of the Russian Federation.

The dimensions of land plots (including the disquitance band) are determined in accordance with the norms approved in the prescribed manner, design and estimate documentation and the general schemes for the development of railway lines and stations, and the discovery of the plots is carried out taking into account the priority of their development in accordance with the Land Legislation of the Russian Federation.

Lands of railway transport must comply with urban planning and environmental requirements established by federal executive bodies, the executive authorities of the constituent entities of the Russian Federation, local government, sanitary and other norms.

In order to ensure the safety of the population and the normal operation of railway tracks and other railway transport facilities (including industrial facilities and other types of transport) located on the lands of federal significance in places susceptible to landslides, collaps, erosions, villages and other dangerous impacts, Installed security zones.

The procedure for establishing security zones, their size, the mode of use of land allocated for these purposes is established by the Government of the Russian Federation. In addition, Art. 135 of the LA of the Russian Federation found that wood-shrub vegetation, located on the lands of railway transport, is intended to protect railway highways from unfavorable natural phenomena, prevent environmental pollution, reduce the noise effects of railway transport.

The use of lands of inland water transport is settled by the Code of Inland Water Transport of the Russian Federation of 07.03.2001 No. 24-FZ (as amended by 29.06.2004). According to this Code within the inland waterways located outside the territories of urban settlements, the organization of inland water transport has the right to use for work related to shipping, the coastal strip - the lane of the Earth 20 m from the edge of the waters of the coast in the mid-year-level water level on free rivers and Normal water level on artificially created inland waterways. On the shore, having a bias of more than 45 degrees, the coastline is determined from the edge of the coast of the shore. Special conditions for the use of the coastal strip are established by the Government of the Russian Federation.

When applying regulatory acts regulating the use of land of transport, it should be paid to the fact that grounds for granting and law on the basis of which faces use the land of land, currently identified the RF RC. So, in accordance with the provisions of Art. 20 and other articles of the RF RF, many users of the land of transport can not use land on the right of permanent (perpetual) use.

Based on Art. The 2700 RF, in the state or municipal ownership of the Earth, provided for the needs of transport organizations, including marine, river ports, train stations, airfields and airports, facilities for navigation support and shipping, terminals and terminal complexes in the formation of international transport corridors, Limited in circulation.

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;

(see text in the previous edition)

3) Installing the outlet strips.

(as amended by Federal Law of 03.08.2018 N 342-FZ)

(see text in the previous edition)

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.

(as amended by Federal Law of 03.08.2018 N 342-FZ)

(see text in the previous edition)

1) road accommodation;

2) placement of road service facilities, objects intended for road activities, stationary posts of internal affairs bodies;

(see text in the previous edition)

3.1. 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.

(see text in the previous edition)

4. In order to ensure the activities of organizations and operation of marine, inland water transport, land plots may be provided 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;

(see text in the previous edition)

3) allocations of the coastline.

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 text in the previous edition)

5. 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 needed for operation, content, construction, reconstruction, repair of land and underground buildings, structures , devices and other air transport facilities.

(see text in the previous edition)

6. 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;

Lands of transport earths are recognized that are used or are intended to ensure the activities of organizations and (or) operation of automotive, marine, inland water, railway, air and other types of transport and the rights to which participants of land relations on the grounds provided for by the RF RF, federal laws and laws of subjects of the Russian Federation.

As part of this subcategory, the lands of special purpose allocate the features of the legal regime of railway land regime; road transport; water transport; pipeline transport; air transport.

Railway transport land transport land used or intended to ensure the activities of railway transport organizations and (or) operation of buildings, buildings, structures and other railway transport facilities, including land plots located on the rope of railways and in the security zones (Article 2 of the Federal Law from 10.01.2003 No. 17-FZ "On Railway Transport in the Russian Federation").

Earth data includes land plots for railway tracks; Land plots for accommodation, operation, expansion and reconstruction of buildings, buildings, structures, including railway stations, railway stations, as well as devices and other facilities necessary for operation, maintenance, construction, reconstruction, repair, development of ground and underground buildings, buildings, structures, devices and other railway transport facilities; Stripes of removal and security zones of railways.

As noted in one of the generalizations of judicial practice, until the end of the inventory of railway transport land and obtaining a state act for the continuous use of land plots located in the use of railways, they are considered attached to them within actually undergoing boundaries1.

In case No. F08-3620 / 01, the entrepreneur appealed to the arbitration court with a claim to the head of the city administration on the recognition of invalid items of the resolution, providing for the removal of relevant licenses and passports of objects located on the stationary area, and prescribe pavilions for the owners of the pavilions. The arbitration court refused in full.

The cassation instance The decision and decree of the appellate instance abolished in terms of refusal to recognize the invalid of the decision of the decision, prescribing the plaintiff to release the land in accordance with the lease agreement on the station in the station Square, and satisfied the claims in this part. In accordance with Art. 5 of the Federal Law of August 25, 1995 No. 153-FZ "On Federal Railway Transport" land of railway transport refer to the lands of federal significance, the procedure for the use of these land is determined by the federal executive body in the field of railway transport, taking into account the requirements of land legislation of the Russian Federation. The procedure for the use of land of the federal railway transport within the bandwidth of the railways is approved by the order of the Ministry of RF resources of the Russian Federation of 15.05.1999 x ° 26-c.

Since the controversial area was in constant (indefinite) use of the railway, the city's administration is not entitled to make rulings against land plots of the station square located in the railway outlet strip, since the disposal of federal lands and the implementation of their use belongs to the railway. A similar conclusion was made in the resolution of the FAS of the Volga-Vyatsky district in case number A31-1480 / 143. The scientific literature allocate the following features of use lands of railway transport: 1) Earth of federal railway transport serve as a spatial basis for placing objects and structures with a special purpose for servicing railway transport; 2) the legal regime of these lands can be distributed not only to land plots provided by rail transport organizations, but also to the neighboring, adjacent sections; 3) In order to create conditions for the construction and reconstruction of railway transport facilities, lands are reserved; 4) railway transport lands are limited in circulation; 5) A certain specificity of the legal mode of use of land is established depending on the economic purpose of these lands, i.e. Land of railway outlet strip; security zones; lands engaged in protective forest plantations; Service land plots.

Lands of railway transport are classified under the following grounds: "A) by ownership; b) depending on the economic purpose of land provided by rail transport; c) depending on land categories from which land plots are provided by rail transport organizations."

On the issue of ownership it should be noted that in the process of privatization of the property of federal railway transport, Russian Railways was created, the founder of which is the Russian Federation. Land plots, with the exception of land plots provided for the placement of federal railway transport facilities, limited in the turnover, as well as land plots on which railway stations and railway stations are made to the authorized capital of this JSC and are thus transmitted.

Railway outlet strip - land plots adjacent to railways, land plots engaged in railways or intended to accommodate such paths, as well as land plots engaged in or intended for accommodating railway stations, drainage and strengthening devices, protective strips of forests along the railway tracks, communication lines, devices Power supply, industrial and other buildings, buildings, structures, devices and other railway transport facilities.

The width of the land plots of the drain strip define the following conditions and factors: the configuration of the earth canvas; dimensions of artificial structures; terrain; Special natural conditions (parts of the roads located on swamps, with flooding from temporary watercourses and reservoirs, on landslides, etc.), the need to create protection of paths from snow or sandy drifts; The population of the area, the risk zone (the distance "departure" with the mound of rolling stock and cargo during the accident).

To ensure the safety of movement and operation of transport and other technical means related to the transportation process, the safety of the population, the normal operation of engineering structures and other objects of the federal railway transport of their owners we must: comply with the setting procedure for using a bandwidth; contain land plots within the bandwidth methods that should not damage land as a natural object; Do not allow environmental pollution with industrial runoffs and other waste; Take measures to protect Earth from erosion, exercise agro-forest-aeliorative, fire-fighting and other necessary measures for the protection of land from unfavorable natural phenomena, etc.

In the lane of the removal in the field of adjustment to agricultural grounds, the growth of weed grassy and wood-shrub vegetation is not allowed. In the lane of the outlet in the fields of fitting to forests, the drying of dry, trees, knurling residues and other combustible materials is not allowed. Performing work on the removal of weed herbal and wood-shrub vegetation within the bandwidth is made by the corresponding railway units.

Within the bandwidth permitted on the terms of the contract, be placed in accordance with the procedure established by the legislation of the Russian Federation, at the slopes of recesses, permanent fences, buildings, devices and other objects of federal railway transport, outdoor advertising of legal entities and individuals, which should not be an obstacle to the normal functioning of railway transport, worsen visibility, reduce the level Traffic safety and environmental purity of railway facilities.

Security zones - territories that are adjacent on both sides to the opening band and within the boundaries of which establishes a special mode of use of land plots (parts of land plots) in order to ensure the safety, strength and stability of railway transport facilities, including those in the territories with mobile soil and in the territories, susceptible to snow, sandy drift and other harmful effects.

Within the security zones are prohibited: construction of capital buildings and structures, temporary decking, cutting down of the forest and shrub, removal of the turf cover, plowing the virgin, the laying of gardens, grazing of livestock, earthworks that may worsen the stability of the slopes, and the release of surface and household waters.

Protective strips of forests located along the share railway tracks (as well as general road roads), are part of the forests that perform the functions of protecting natural and other objects, i.e. to the category of protective forests (Art. 102 of the LA RF).

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 of the movement established by federal laws (clause 2 of Article 90 of the RF RC).

Highway - the object of transport infrastructure intended for the movement of vehicles and includes land plots within the borders of the automotive road removal band and the structural elements located on them or under them (road fabric, road surface and similar elements) and road structures that are its technological part - protective road facilities, artificial road facilities, production facilities, elements of road arrangement;

Respectively, land of road transport - these are land plots from subcategories of transport land, which are used either designed to operate automotive facilities. In order to ensure the activities of organizations and operation of road transport facilities and land facilities, land plots may be provided: a) to accommodate roads, their structural elements and road structures; b) accommodation of bus stations and bus station, other automotive facilities and road facilities, necessary for the operation, maintenance, construction, reconstruction, repair, development of ground and underground buildings, buildings, structures, devices; c) setting the strips of removal and roadside strips of roads.

Automobile roads, depending on their value, are divided: on the roads of federal significance; road roads of regional or intermunicipal significance; Local road roads; Private roads. Automobile roads depending on the type of permitted use are divided into public roads and road accidents.

Common roads include car roads intended for the movement of vehicles of an unlimited circle of persons. Uninvoyed roads include carways owned by ownership or in the use of government executive bodies, local administrations (executive and administrative bodies of municipalities), individuals or legal entities and used solely to ensure their own needs either for state or state or municipal needs.

The lists of roads of the uninstant use of federal, regional or intermunicipal significance are approved by the authorized federal executive authorities, the highest executive body of the state authority of the subject of the Russian Federation. The list of roadless use of regional or inter-municipal significance cannot be included in the uninstant use of federal significance and their sections. The list of automotive roads of the local government can be approved by the local government body (Art. 5 of the Federal Law of 08.11.2007 No. 257-FZ "On Automobile Roads and on Road Activities in the Russian Federation and on Amendments to Certain Legislative Acts of the Russian Federation").

It is necessary to distinguish the bands and roadside strips. Highway Strip Road - land plots (regardless of the land category), which are designed to accommodate the structural elements of the highway, road structures and on which road service objects are located or may be located; roadside strips of the automotive road - territories that fit on both sides to the road removal strip and within the boundaries of which the special mode of the use of land plots (parts of land) is established to ensure road safety requirements, as well as normal conditions for reconstruction, overhaul, repair, maintenance of the road, Her preservation, taking into account the prospects for the development of the road.

The accommodation of road service objects within the borders of the road removal band should be carried out in accordance with the documentation for the planning of the territory and the requirements of technical regulations. Minimal requirements for the maintenance of road participants Requirements for the provision of general use of federal, regional or inter-municipal, local values \u200b\u200bof road service, placed within the boundaries of road removal bands (indicating the number and type of road service objects), as well as the list of minimum list The necessary services provided at such facilities of the road service are established by the Government of the Russian Federation. Ensuring the road to the objects of the road service should not worsen visibility on the road, other road safety conditions, as well as the conditions for the use and maintenance of the highway and the structures and other objects located on it.

The boundaries of the road removal strip are determined on the basis of the documentation for the planning of the territory. Preparation of the territory planning documentation intended for the placement of roads and (or) of road service objects is carried out taking into account the rules approved by the Government of the Russian Federation to place the specified objects.

In the borders of the road removal strip, under the general rule, it is prohibited: the performance of works that are not related to construction, with reconstruction, overhaul, repair and maintenance of the road, as well as with the placement of road service objects; placement of buildings, buildings, structures and other objects, ns intended for maintenance of the automotive road, its construction, reconstruction, overhaul, repair and maintenance and non-road service facilities; Mastening of land plots, grass defects, exercise of slamming and damage to forest plantings and other perennial plantings, removal of turf and ground removal, except for the maintenance of the road removal strip or road repair, its plots; Animal grazing, as well as their run through the roads outside the specially installed places agreed with the owners of highways, etc.

Land plots for the placement of road service facilities within the borders of the dignum of the automotive road of federal significance are provided by the federal executive body, carrying out the functions of public services and the management of public property in the field of road services, or the state-owned company "Russian highways" in case of automobile roads transferred to it in trust management.

For roads, with the exception of roads located within the boundaries of settlements, roadside strips are installed. Depending on the class and (or) category of roads, taking into account the prospects for their development, the width of each roadside band is set in the amount: 75 m - for the roads of the first and second categories; 50 m - for third and fourth categories roads; 25 m - for fifth category roads; 100 m - for access roads connecting the administrative centers (capitals) of the subjects of the Russian Federation, the city of federal significance in Moscow and St. Petersburg with other settlements, as well as for partitions of public roads of the federal significance, built for trains of cities with population up to 250 thousand . human; 150 m - for partitions of roads built for areas of cities with a population of over 250 thousand people.

The decision to establish the boundaries of roadside lanes of roads of federal, regional or municipal, local importance or on the change in the boundaries of such roadside bands is made according to the federal executive body, carrying out functions for the provision of public services and the management of state property in the field of road management authorized by the executive authority of the subject Of the Russian Federation, local government.

Land of air transport - These are land plots in the subcategory of transport land, which are used or are intended to ensure the activities of organizations and operation of air transport facilities. As part of the land of air transport distinguish land for airports, airfields, airports, runways, other ground objects necessary for operation, maintenance, construction, reconstruction, repair, development of ground and underground buildings, buildings, structures, devices and other Air transport facilities.

In order to ensure the smooth operation of air transport facilities by the Air Code of the Russian Federation of 19.03.1997 L1\u003e 60-FZ the following limitations are established. First, the design, construction and development of urban and rural settlements, as well as the construction and reconstruction of industrial, agricultural and other facilities within the sub-aroderrome territory should be carried out in compliance with the safety requirements of aircraft flights, taking into account possible negative impacts of airfield equipment and airflows Ships on the health of citizens and activities of legal entities and in agreement with the owner of the airfield.

Secondly, accommodation in the area of \u200b\u200bbuildings, structures, facilities, communication lines, power lines, radio engineering and other objects that can threaten the safety of aircraft flights or to interfere with the operation of radio equipment installed at the airfield must be coordinated with the owner of the airfield and implemented In accordance with the air legislation of the Russian Federation.

Water vehicles these are land plots in the subcategory of transport land, which are used or are intended to ensure the activities of organizations and operation of marine and inland water transport. These land plots can be provided to accommodate artificially created inland waterways; placing marine and river ports, berths, hydraulic structures, other objects necessary for operation, content, construction, reconstruction, repair, development of terrestrial and underground buildings, buildings, structures, devices and other objects of marine, inland water transport; 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 of 07.03.2001 No. 24-FZ. According to Art. 10 of this Code within the inland waterways located outside the territories of urban settlements, the organization of inland water transport is entitled to use free for work related to shipping, coastal strip - land bandwidth 20 m from the edge of water into the departure of the shore with a medium-beetable level of water on free rivers and a normal water level on artificially created inland waterways.

The basin bodies of public administration on inland water transport and other inland water transport organizations are exempt from fees for the land they occupy, including for land covered with water, and artificially created land plots in the construction of hydrotechnical structures and the creation of security links of communication lines. The right to use the coastal strip does not apply to the specially protected natural areas, the territory of hydraulic structures, land plots on which landlords are placed, automotive and railway strips, land plots fortified by special structures, and other land provided for in land and other federal legislation .

Special conditions the use of the coastal strip was established by the Decree of the Government of the Russian Federation of 06.02.2003 No. 71 "On approval of the Regulation on the Special Terms of Use of the Coast Light of the Inland Waters of the Russian Federation." According to paragraph 6 of the decision by legal or physical lipam, the coastal strip section can be provided for temporary use in order to carry out the provision of the transport process of the following works: a device of temporary structures for mooring, mooring and parking of vessels and other floating objects, loading, unloading and storage of goods , landing on trial and disembarkation from ships of passengers; Construction of temporary buildings and conducting other necessary work in the event of unforeseen wintering vessels or traffic accidents with courts, as well as in agricultural and other purposes.

A legal or natural person who is provided to the temporary use of the coastline plot is obliged to use them in accordance with the objectives and conditions for its provision specified in permission, not allowing harm to the facilities of inland water transport and water facilities affecting the safety of shipping, as well as Clear the coastline sectors of the appropriate work and equip it.

Land of pipeline transport - these land plots in the subcategory of transport land, which are used or are intended to ensure the activities of organizations and operation of pipeline transport facilities. In order to ensure the activities of organizations and operation of pipeline transport facilities, land plots may be provided: for the placement of oil pipelines, gas pipelines, other pipelines; placement of objects necessary for the operation, maintenance, construction, reconstruction, repair, development of land and underground buildings, buildings, structures, devices and other pipeline transport facilities; Establishing security zones with special conditions for the use of land.

Secured territory objects of the gas supply system - a territory with special conditions of use, which is established in the manner determined by the Government of the Russian Federation, along the gas pipeline route and around other objects of the gas supply system in order to ensure the normal conditions of operation of such objects and the elimination of their damage.

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. 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. It is not allowed to impede the organization of 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 that have arisen on them, disasters.

According to the Decree of the Government of the Russian Federation of 20.11.2000 No. 878 "On approval of the rules for protection of gas distribution networks" sets the following security zones: along the tracks of external gas pipelines - in the form of a territory bounded by conventional lines passing at a distance of 2 m on each side of the gas pipeline; Along the trails of underground gas pipelines from polyethylene pipes using a copper wire for the designation of the gas pipeline route - in the form of a territory bounded by conventional lines passing at a distance of 3 m from the gas pipeline from the wire and 2 m - from the opposite side; Along the tracks of external gas pipelines on the perplexed soils, regardless of the material of the pipes - in the form of a territory bounded by conventional lines passing at a distance of 10 m on each side of the gas pipeline, etc.

On land plots included in the protection zones of gas distribution networks, in order to prevent their damage or violation of their normal operation, restrictions are imposed (encumbrances), which are prohibited to build housing and civil and production facilities; destroy the beverage, water pipes, excavation and other structures that protect gas distribution networks from destruction; move, damage, fall asleep and destroy identification signs, measuring points and other devices of gas distribution networks; arrange landfills and warehouses, spill solutions of acids, salts, alkalis and other chemically active substances; breed fire and place sources of fire; Ryt cellar, dig and process the soil with agricultural and ameliorative instruments and mechanisms for a depth of more than 0.3 m, etc.

For main pipelines of hydrocarbon raw materials, compressor installations are created sanitary breaks (Sanitary strips of alienation). The minimum distances take into account the degree of explosion and fire hazard during accidents and are differentiated depending on the type of settlements, the type of buildings, the purpose of objects, taking into account the diameter of the pipelines.

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.

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.

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.