2 land of transport of the Russian Federation. Lands of transport: what is it, what are the legal regime and methods of state cadastral valuation? Management and monitoring

In the land legislation it is quite clearly spelled out for what purposes and how exactly certain lands should be used, including the lands allocated for transport.

Transport land concept

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

Transport lands are lands, the main purpose of which is the organization, use and operation for the provision of facilities different types transport, as well as arising in connection with their use of land relations.

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

Types of transport, their characteristics

The concept of land transport means the use of land for the following types of transport:

for railway communication;
sea routes and sea spaces adjacent to the state;
for inland waterways;
for road traffic;
air Transport;
other types of transport.

The legal regime of transport lands implies the use of land plots that are outside the settlements, but are or may be included in the territories they serve. According to the current legislation, land, if this does not prevent their use for their intended purpose, can be leased for agricultural or other needs.

Of the earth railway transport are intended to be used for the following purposes:

for placement and laying of railway tracks;
in order to establish land allotment, as well as protective sections of railway tracks;
for the placement of all buildings and objects related to the railway communication. These are train stations, stations, crossings (ground and overhead), and other objects.

Lands of railway transport, in accordance with the current legislation, must be used taking into account the following regulatory legal acts:

urban planning purposes;
land norms;
sanitary;
fire-fighting;
ecological;
other acts providing for the operation of transport lands.

The legal regime of land for railway transport implies the fact of using land near the paved tracks and railway facilities for lease to individuals or legal entities. At the discretion of the municipality to which the transport lands belong, the land near them can be leased for the construction of a residential area or for any other needs.

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

Of the earth road transport can be used for the following purposes:

for the construction and operation of roadways;
for the placement and use of automobile and road service facilities, as well as for the placement of road posts located in the department of the Office of the Ministry of Internal Affairs;
for the establishment and use of automobile land allotment. The latter can be leased out for agricultural needs.

Lands of sea transport, as well as inland water transport can be used for the following purposes:

to highlight the coastal strip, as well as its exploitation;
for the placement of facilities necessary for the maintenance and use of sea transport. Such facilities include seaports, piers, piers, technical structures and buildings, as well as other facilities;
to accommodate artificially created waterways.

The coastal strip, according to the current legislation, is used for servicing maritime transport, but this does not exclude the fact of leasing some of its sections to individuals or legal entities to carry out their activities.

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

For example, for the construction of air terminals, airports, landing and take-off lines for aircraft, helicopters and other Vehicle falling under the air category.

Legal regime of lands of pipeline transport

The lands allocated for gas supply are under the special protection of the state. Therefore, the location, construction and unscheduled reconstruction of any objects that are not provided for by the norms of current legislation are strictly prohibited.

The lands of pipeline transport can be used, in accordance with Article 90 of the Land Code of Russia, exclusively for the following purposes:

In order for them to be placed (meaning ground construction) structures or buildings, as well as any other objects necessary for the use or laying of an oil pipeline, gas pipeline, as well as other types of pipeline facilities;
In order for them to be placed (meaning exclusively ground construction and operation) structures and buildings that are needed for the correct operation of any type of pipeline.

Lands that are intended for this type of transport cannot be leased or used for an indefinite period to anyone (both individuals and legal entities), as well as for the needs of the state or municipality, which do not imply the use of pipeline transport.

The procedure governing the reservation of land for the construction and reconstruction of transport facilities

According to article 70.1 of the Land Code of the Russian Federation, land in the use of individuals, legal entities, the municipality and the state 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. Lands can be withdrawn from the owners for temporary use with compensation or appropriate replacement in kind (instead of one site, which is subject to reservation, they offer an equivalent one for temporary use).

Reservation has its own "expiration date". The legislation provides that lands can 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, land that belongs to the state, but was not used for any purpose, was not leased or used indefinitely to individuals and legal entities for exploitation, can be reserved for the reconstruction or construction of transport facilities for up to 20 years.

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

Prohibition on changing the category of land provided for construction, reconstruction, overhaul of pipeline transport facilities

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

If all other transport lands can acquire a different status over time (for example, be transferred from transport lands to agricultural lands), then pipeline lands are deprived of this opportunity.

This is due to the difficult technically and practically dangerous exploitation of this type of land. Lands that are privately owned by individuals or legal entities can be seized compulsorily if required for the operation of pipeline transport (for example, laying such networks).

Those lands on which pipelines are located underground do not require registration of ownership by the companies that maintain and use them. However, the right to use land becomes limited: land cannot be sold, leased or used without the appropriate permission of the executive authorities, state authorities or municipal authorities.

Lands of transport land is recognized that is used or intended to ensure the activities of organizations and (or) the operation of objects of automobile, sea, inland water, rail, air and other types of transport and the rights to which arose from participants in land relations on the grounds provided for by the RF LC, federal laws and the laws of the constituent entities of the Russian Federation.

Within the framework of this subcategory of special-purpose lands, the features of the legal regime of land for railway transport are distinguished; road transport; water transport; pipeline transport; air transport.

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

These lands include land plots for the placement of railways; land plots for placement, operation, expansion and reconstruction of buildings, structures, structures, including railway stations, railway stations, as well as devices and other objects necessary for the operation, maintenance, construction, reconstruction, repair, development of ground and underground buildings, structures, structures, devices and other objects of railway transport; right-of-way and security zones of railways.

As noted in one of the generalizations of judicial practice, until the completion of the inventory of land for railway transport and the receipt of a state act for the permanent use of land plots in use by the railways, they are considered assigned to them within actually established boundaries 1.

In case No. F08-3620 / 01, the entrepreneur applied to the arbitration court with a claim against the head of the city administration to invalidate the clauses of the resolution, which provided for the withdrawal of the relevant licenses and passports of the objects located on the station square, and instructing the owners of the pavilions to vacate the station square. The arbitration court dismissed the claim in full.

The cassation instance canceled the decision and the ruling of the appellate instance in part of the refusal to invalidate the clause of the ruling ordering the plaintiff to vacate the land plot occupied by him in accordance with the lease agreement on the forecourt, and satisfied the claim in this part. In accordance with Art. 5 of the Federal Law of 25.08.1995 No. 153-FZ "On Federal Railway Transport" railway transport lands belong to federal lands, the procedure for using these lands 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 procedure for the use of federal railway transport lands within the railroad right-of-way was approved by the order of the Ministry of Railways of the Russian Federation dated 05.15.1999 Х ° 26-Ц.

Since the disputed site was in constant (indefinite) use of the railroad, the city administration is not entitled to adopt resolutions on land plots in the forecourt located in the railroad right-of-way, since the disposal of federal lands and control over their use belongs to the railroad. A similar conclusion was made in the decision of the FAS of the Volgo-Vyatka District in case No. A31-1480 / 143. In the scientific literature, the following are distinguished features of use railway transport lands: 1) federal railway transport lands serve as a spatial basis for the placement of objects and structures that have a special purpose for servicing railway transport; 2) the legal regime of these lands may apply not only to land plots provided to railway transport organizations, but also to neighboring, adjacent plots; 3) in order to create conditions for the construction and reconstruction of railway transport facilities, land is reserved; 4) the land of railway transport is limited in circulation; 5) a certain specificity of the legal regime for the use of lands is established depending on the economic purpose of these lands, i.e. lands of the right-of-way of railways; security zones; lands occupied by protective forest plantations; service land plots.

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

On the issue of ownership, it should be noted that in the process of privatizing the property of the federal railway transport, the Russian Railways OJSC 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 circulation, as well as land plots on which railway stations and railway stations are located, are included in the authorized capital of this OJSC and thus become private property.

Railroad right-of-way - land plots adjacent to railway tracks, land plots occupied by railway tracks or intended for the placement of such tracks, as well as land plots occupied or intended for the placement of railway stations, drainage and reinforcement devices, protective forest belts along railway tracks, communication lines, devices power supply, industrial and other buildings, structures, structures, devices and other objects of railway transport.

The width of the land plots of the right-of-way is determined by the following conditions and factors: the configuration of the subgrade; dimensions of artificial structures; terrain relief; special natural conditions (sections of the path located in swamps, with flooding from temporary streams and reservoirs, on landslides, etc.), the need to create protection of paths from snow or sand drifts; the population of the area, the risk zone (the distance of "departure" from the embankment of the rolling stock and cargo in an accident).

To ensure the safety of traffic and the 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 federal railway transport, their owners are obliged to: comply with the established procedure for using the right-of-way; maintain land plots within the right-of-way in ways that should not damage the land as a natural object; to prevent pollution of the environment with industrial effluents and other wastes; take measures to protect the land from erosion, carry out agro-forestry-reclamation, fire-prevention and other necessary measures for the protection of lands from adverse natural phenomena, etc.

The growth of weedy herbaceous and tree-shrub vegetation is not allowed in the right-of-way in the places adjacent to agricultural land. In the right-of-way in places of adjoining to forest areas, accumulation of dead wood, dead wood, felling residues and other combustible materials is not allowed. Work on the removal of weedy herbaceous and tree-shrub vegetation within the right-of-way is carried out by the relevant divisions of the railways.

Within the right-of-way allowed on the terms of the contract, place outdoor advertising of legal entities and individuals on the slopes of excavations, permanent fences, buildings, devices and other objects of federal railway transport in the manner prescribed by the legislation of the Russian Federation, which should not serve as an obstacle to the normal functioning of railway transport, impair visibility, reduce the level traffic safety and environmental cleanliness of railway transport facilities.

Security zones - territories that adjoin on both sides to the right-of-way and within the boundaries of which a special regime for the use of land plots (parts of land plots) is established in order to ensure the safety, strength and stability of railway transport facilities, including those located in territories with mobile soil and in territories, susceptible to snow, sand drifts and other harmful influences.

Within the protected zones, it is prohibited: the construction of capital buildings and structures, the construction of temporary roads, deforestation and shrubbery, the removal of sod cover, plowing of virgin lands, the establishment of vegetable gardens, grazing, earthworks that can worsen the stability of slopes, and the release of surface and household water

Protective strips of forests along public railways (as well as highways common use), are part of forests that perform the functions of protecting natural and other objects, i.e. to the category of protective forests (Article 102 of the RF LC).

Free land plots on the right-of-way of railways within the land of railway transport can be leased to citizens and legal entities for agricultural use, provision of services to passengers, storage of goods, arrangement of loading and unloading areas, construction of railroad warehouses (with the exception of warehouses fuels and lubricants and petrol stations of all types, as well as warehouses intended for storage hazardous substances and materials) and other purposes, subject to compliance with the traffic safety requirements established by federal laws (clause 2, article 90 of the RF LC).

Highway - a transport infrastructure object intended for the movement of vehicles and including land plots within the boundaries of the right-of-way of a motor road and structural elements located on or under them (roadbed, road surface and similar elements) and road structures that are its technological part - protective road structures, artificial road structures, production facilities, road construction elements;

Respectively, land for road transport - these are land plots from the subcategory of transport land that are used or intended for the operation of road transport facilities. In order to ensure the activities of organizations and the operation of road transport facilities and road facilities, land plots may be provided: a) for the placement of highways, their structural elements and road structures; b) placement of bus stations and bus stations, other road transport facilities and road facilities necessary for operation, maintenance, construction, reconstruction, repair, development of ground and underground buildings, structures, structures, devices; c) establishment of right-of-way and roadside strips of motor roads.

Highways, depending on their importance, are subdivided: into highways of federal importance; highways of regional or intermunicipal importance; highways of local importance; private highways. Highways, depending on the type of permitted use, are subdivided into public highways and non-public highways.

Motor roads of general use include motor roads intended for the movement of vehicles of an unlimited number of persons. Non-public roads include motor roads owned, owned or used by executive bodies of state power, local administrations (executive and administrative bodies of municipalities), individuals or legal entities and used by them exclusively to meet their own needs or for state or municipal needs.

Lists of non-public motor roads of federal, regional or intermunicipal significance are approved by the authorized federal executive bodies, the highest executive body of state power of the constituent entity of the Russian Federation, respectively. The list of non-public motor roads of regional or inter-municipal significance may not include non-public motor roads of federal significance and their sections. The list of motor roads of non-public use of local importance may be approved by a local government body (Article 5 of Federal Law No. 257-FZ of 08.11.2007 "On Motor Roads and Road Activities in the Russian Federation and on Amendments to Certain Legislative Acts of the Russian Federation").

A distinction should be made between right of way and roadside. Motor road right-of-way - land plots (regardless of the category of land), which are intended for the placement of structural elements of the road, road structures and on which road service objects are located or may be located; roadside strips of a motor road - territories that adjoin on both sides to the right-of-way of a motor road and within the boundaries of which a special regime for the use of land plots (parts of land plots) is established in order to ensure safety requirements road traffic, as well as normal conditions of reconstruction, overhaul, repair, maintenance of the road, its safety, taking into account the prospects for the development of the road.

The placement of road service objects within the boundaries of the right-of-way of the motor road must be carried out in accordance with the documentation for the planning of the territory and the requirements technical regulations... Minimum requirements for the provision of public highways of federal, regional, intermunicipal, local importance with road service facilities located within the boundaries of roadway right-of-way (indicating the number and type of road service facilities), as well as the requirements for the list of minimum required for servicing road users the necessary services provided at such road service facilities are established by the Government of the Russian Federation. The provision of the road with road service facilities should not impair visibility on the road, other road safety conditions, as well as the conditions for the use and maintenance of the road and the structures and other objects located on it.

The boundaries of the highway right-of-way are determined on the basis of the territory planning documentation. The preparation of documentation for the planning of the territory intended for the placement of highways and (or) road service facilities is carried out taking into account the norms of land allotment approved by the Government of the Russian Federation for the placement of these facilities.

Within the boundaries of the right-of-way of the motor road, along general rule, it is prohibited: performance of work not related to construction, reconstruction, overhaul, repair and maintenance of the road, as well as the placement of road service facilities; placement of buildings, structures, structures and other objects, not intended for maintenance of the road, its construction, reconstruction, overhaul, repair and maintenance and not related to road service facilities; plowing land plots, mowing grass, felling and damaging forest plantations and other perennial plantations, sod removal and excavation, with the exception of works on the maintenance of the right-of-way of a motor road or repair of a motor road and its sections; grazing animals, as well as their driving through the motorways outside specially designated places, agreed with the owners of motorways, etc.

Land plots for the placement of road service facilities within the boundaries of the right-of-way of a federal highway are provided by the federal executive body in charge of providing state services and managing state property in the field of road facilities, or by the State Company Russian Highways in the event that highways transferred to her in trust.

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

The decision to establish the boundaries of roadside lanes of federal, regional or municipal, local significance or to change the boundaries of such roadside lanes shall be made, respectively, by the federal executive body in charge of providing public services and managing state property in the field of road facilities, by the authorized executive body of the subject. RF, local government.

Air transport lands - these are land plots within the subcategory of transport land that are used or intended to support the activities of organizations and the operation of air transport facilities. As part of the land of air transport, land plots are distinguished for the location of airports, airfields, air terminals, runways, and other ground objects necessary for operation, maintenance, construction, reconstruction, repair, development of ground and underground buildings, structures, structures, devices and others. objects of air transport.

In order to ensure smooth operation air transport facilities The Air Code of the Russian Federation of 03.19.1997 L1> 60-FZ sets the following restrictions. 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 aerodrome territory should be carried out in compliance with the safety requirements for aircraft flights, taking into account the possible negative impacts of the aerodrome equipment and aircraft flights. vessels on the health of citizens and the activities of legal entities and in agreement with the owner of the aerodrome.

Secondly, the placement in the aerodrome area of buildings, structures, communication lines, power lines, radio technical and other objects that may threaten the safety of aircraft flights or interfere with the operation of radio equipment installed at the aerodrome must be agreed with the owner of the aerodrome and carried out in accordance with the air legislation of the Russian Federation.

Lands of water transport These are land plots within the subcategory of transport land that are used or intended to support the activities of organizations and the operation of marine and inland water transport facilities. These land plots can be provided for the placement of artificially created inland waterways; placement of sea and river ports, berths, hydraulic structures, and other objects necessary for operation, maintenance, construction, reconstruction, repair, development of ground and underground buildings, structures, structures, devices and other objects of sea, inland water transport; allocation of the coastal strip.

The coastal strip of inland waterways is allocated for work related to navigation and rafting on inland waterways, outside the territories of settlements. The procedure for the allocation of a coastal strip and its use is determined by the Code of Inland Water Transport of the Russian Federation dated 07.03.2001 No. 24-FZ. According to Art. 10 of this Code, within the boundaries of inland waterways located outside the territories of urban settlements, the organization of inland water transport has the right to use free of charge for work related to shipping, coastal strip - a strip of land 20 m wide from the edge of the water into the depths of the coast at an average long-term water level on free rivers and a normal water level on artificially created inland waterways.

Basin government bodies in inland waterway transport and other organizations of inland waterway transport are exempted from payment for land plots they occupy, including land plots covered with water, and artificially created land plots during the construction of hydraulic structures and the creation of security zones for communication lines. The right to use the coastal strip does not apply to specially protected natural areas, the territory of hydraulic structures, land plots on which land reclamation facilities are located, right-of-way for roads and railways, land plots fortified with special structures, and to other lands provided for by land and other federal legislation ...

Special conditions The use of the coastal strip is established by the Decree of the Government of the Russian Federation of 06.02.2003 No. 71 "On approval of the Regulation on special conditions for the use of the coastal strip of the inland waterways of the Russian Federation." According to clause 6 of the resolution, a section of the coastal strip can be provided for temporary use to legal or physical lindens for the purpose of carrying out the following works related to the provision of the transport process: arrangement of temporary structures for mooring, mooring and parking of ships and other floating objects, loading, unloading and storage of goods , boarding and disembarking passengers from ships; construction of temporary structures and other necessary work in case of unforeseen wintering of ships or transport accidents with ships, as well as for agricultural and other purposes.

Legal or individual, to which a section of the coastal strip is granted for temporary use, is obliged to use it in accordance with the purposes and conditions of its provision specified in the permit, preventing damage to inland waterway transport and water bodies affecting the safety of navigation, as well as to clean up the section of the coastal strip the post of performance of the relevant work and equip it.

Lands of pipeline transport - These are land plots within the subcategory of transport land that are used or intended to support the activities of organizations and the operation of pipeline transport facilities. In order to ensure the activities of organizations and the operation of pipeline transport facilities, land plots may be provided: for the placement of oil pipelines, gas pipelines, and other pipelines; placement of facilities necessary for the operation, maintenance, construction, reconstruction, repair, development of ground and underground buildings, structures, structures, devices and other pipeline transport facilities; establishment of security zones with special conditions for the use of land plots.

Secured territory gas supply system facilities - an area with special conditions of use, which is established in the manner determined by the Government of the Russian Federation, along the route of gas pipelines and around other facilities of the gas supply system in order to ensure normal operating conditions for such facilities and to exclude the possibility of their damage.

The boundaries of the security zones on which the objects of the gas supply system are located are determined on the basis of building codes and regulations, rules for the protection of main pipelines, and other normative documents approved in the prescribed manner. On these land plots, during their economic use, the construction of any buildings, structures, structures within the established minimum distances to the objects of the gas supply system is not allowed. It is not allowed to interfere with the organization, the owner of the gas supply system or the organization authorized by it in the performance of maintenance and repair of gas supply system facilities, liquidation of the consequences of accidents and disasters that have arisen on them.

According to the RF Government Decree of 20.11.2000 No. 878 "On Approval of the Rules for the Protection of Gas Distribution Networks", the following protection zones are established: along the routes of external gas pipelines - in the form of an area bounded by conventional lines passing at a distance of 2 m from each side of the gas pipeline; along the routes of underground gas pipelines made of polyethylene pipes when using a copper wire to designate the gas pipeline route - in the form of an area bounded by conventional lines passing at a distance of 3 m from the gas pipeline from the side of the wire and 2 m from the opposite side; along the routes of external gas pipelines on permafrost soils, regardless of the pipe material - in the form of an area bounded by conventional lines running at a distance of 10 m on each side of the gas pipeline, etc.

Restrictions (encumbrances) are imposed on land plots included in the security zones of gas distribution networks, in order to prevent their damage or violation of the conditions of their normal operation, which prohibit the construction of housing and civil and industrial facilities; destroy bank protection structures, culverts, earthworks and other structures that protect gas distribution networks from destruction; move, damage, fill up and destroy identification marks, control and measuring points and other devices of gas distribution networks; arrange landfills and warehouses, pour solutions of acids, salts, alkalis and other chemically active substances; make fire and place fire sources; dig cellars, dig and cultivate the soil with agricultural and reclamation tools and mechanisms to a depth of more than 0.3 m, etc.

For main pipelines of hydrocarbon raw materials, compressor units are created sanitary breaks (sanitary right of way). The minimum distances take into account the degree of explosion and fire hazard in case of accidents and are differentiated depending on the type of settlements, type of buildings, the purpose of objects, taking into account the diameter of the pipelines.

1. Lands of transport are lands that are used or intended to ensure the activities of organizations and (or) the operation of objects of road, sea, inland water, rail, air, pipeline and other types of transport and the rights to which arose from participants in land relations on 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 the 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 ground and underground buildings, structures, devices and other objects of the railway transport;