в России осуществляются в порядке, определенном в соответствующих нормативных актах. The protection and use of land in Russia is carried out in the manner specified in the relevant regulations. They include ZK, GK and other legislative documents. Sources of legal regulation of land use and protection establish rules that are aimed at preventing a negative impact on resources, ensuring the preservation of ecological systems and their ability to be a means of production.
Objectives of protection
в РФ направлена: The legal protection of lands in the Russian Federation is directed:
- To prevent a negative impact on the state of ecosystems. In particular, we mean pollution, cluttering, land degradation. негативное влияние обусловливается непосредственной деятельностью человека. This negative influence is due to direct human activity.
- Providing restoration of disturbed soil cover.
комплекс изменений, приводящих к существенному нарушению нормального состояния почвенного покрова. Land degradation is a complex of changes leading to a significant disturbance of the normal state of the soil cover. This phenomenon is a consequence of the wrong actions of the entities that exploit the resources. Deterioration of the state of the soil cover occurs when the necessary restoration measures are not carried out. предполагает установление определенных требований к собственникам, арендаторам и иным субъектам, осуществляющим эксплуатацию ресурсов. Legal protection of agricultural lands involves the establishment of certain requirements for owners, tenants and other entities that carry out the exploitation of resources. In particular, they are required to carry out activities:
- On the protection of soil cover from wind and water erosion, flooding, mudflows, secondary salinization, water logging, compaction, desiccation, contamination by chemical and radioactive compounds, cluttering with consumption and production wastes, and other adverse effects leading to deterioration of its condition.
- On the preservation of fertility.
- On the protection of lands from overgrown shrubs and trees, weeds.
- On liquidation of consequences of negative influence on a condition of soils, including cluttering and biogenic pollution.
- To protect crops and crops from pests. In particular, measures should be taken to destroy pathogens, animals and plants that can harm them.
- To ensure the preservation of the achieved degree of melioration.
- On the timely inclusion of territories in circulation.
The list of measures also includes reclamation of land. This is a set of procedures aimed at restoring fertility. The implementation of these activities is carried out in accordance with regional, local and federal programs. земель предполагает возможность применения мер ответственности за невыполнение обязательных мероприятий, перечень которых определяется с учетом специфики с/х деятельности, климатических и прочих условий. Legal protection of lands implies the possibility of applying measures of responsibility for non-compliance with mandatory measures, the list of which is determined taking into account the specific nature of agricultural activities, climatic and other conditions.
реализуется посредством установления санитарно-гигиенических требований и норм. Legal protection of lands is realized through the establishment of sanitary and hygienic requirements and norms. Assessment of the state of soils and the effectiveness of the measures taken are carried out taking into account the results of the environmental impact assessment. Normative acts establish maximum permissible concentrations of harmful substances in the environment. To prevent land degradation, as well as for the purpose of restoration, their conservation is allowed. To increase the interest of owners, tenants and other entities carrying out the exploitation of resources, their economic stimulation is allowed in the manner provided for in the BC and ND.
Reimbursement of agricultural losses
включает в себя возможность компенсации убытков при переводе территорий в другую категорию. Legal protection of land includes the possibility of compensation for losses when transferring territories to another category. Reimbursement of losses is carried out within 3 months. After the adoption of an appropriate decision. Losses are compensated by subjects:
- At the request of which a decision was made to transfer the agricultural land to another category.
- For which sanitary-protective and other zones with a special regime are created.
Losses are compensated in the event of the provision of plots in perpetuity or gratuitously in ownership. When selling allotments or transferring them to a lease, the losses are included in the price or the operating fee. Calculation of losses is carried out in accordance with the norms of the cost of development of territories in exchange for seized lands, and also taking into account the quality of agricultural products. Funds that come from compensation for losses are sent to the appropriate budget (local). They can be spent on carrying out measures to protect the soil, increase their fertility. With a positive conclusion of the environmental impact assessment, the funds are allowed to be used to develop new territories.
Normative acts permit the transfer of sites included in forestry, into a different category or exploitation of territories for purposes not related to forest management. In this case, losses must also be compensated. Compensation is provided by the entities to which the territories included in the forest fund are provided. The procedure for damages is established by government regulations. Losses are compensated for by paying for the direct transfer of land from one category to another for their subsequent exploitation for purposes not related to forest management. The amount of payments is established in accordance with the basic norms. The calculations use coefficients that take into account the ecological component of the assessment of forest fund areas, socio-economic factors in individual MoD regions.
Methods of legal protection of land
Legal methods are used as protection methods. включает в себя: The legal protection of lands includes:
- The restoration of the situation that existed before the admission of violations.
- Recognition of rights to the site.
- Suppression of actions aimed at violating the interests of the owner or other entity exploiting the resources.
Within the scope of production, the rights to the site are recognized. The decision taken in the case is the basis, according to which the authorized bodies should conduct the state registration of the object. The case is examined at the request of the person concerned. The judicial procedure also provides for the restoration of the situation that took place before the violation of rights. Production is initiated in cases established by law. They include:
- Recognition by the court of the invalidity of an act of an executive structure of power at the regional or local level, the adoption of which entailed a violation of the applicant's interests.
- Unauthorized occupation of a site belonging to another person.
Norms may provide for other reasons for restoring the previous state.
Suppression of unlawful actions
Actions that encroach on property rights, possessions, etc. or creating a threat of its infringement, should be stopped. Suppression of violations is carried out through:
- Recognition of the invalidity of acts adopted by regional / local executive bodies that do not comply with the law. This procedure is carried out by the court.
- Suspension of the implementation of acts of executive power structures that do not comply with the norms.
- The restoration of the situation that took place before the infringement of interests, suppression of actions, which creates the danger of violation of rights.
- Suspension of civil and housing, industrial and other construction, operation of facilities, development of peat and mineral deposits, implementation of forest amelioration, agrochemical, prospecting, geological exploration, geodetic and other works.
Features of the legal protection of lands
The act of an executive structure of a regional / local level of a non-normative character, as well as a legal document that does not comply with the law, can be recognized by the court as invalid. Losses that a legal entity or a citizen incurred as a result of its adoption should be reimbursed. Compensation is carried out by the body that accepted the act invalidated. Losses caused by violation of the rights of the owner of the site, land user, owner or lessee, are fully reimbursed. The order of compensation is established by the Civil Code. A loss of profit is also subject to compensation. In accordance with the court decision, coercive measures may be applied to a subject found guilty of violating the interests of the owner or other person exercising the exploitation of natural resources lawfully. In particular, a person may be charged with the performance of duties in kind - the restoration of fertility, the return of the boundaries of the allotment to the previous state and so on.
, установленные в нормативных актах, включают в себя разные меры ответственности. Types of legal protection of lands , established in regulations, include different measures of responsibility. They are applied in accordance with the seriousness of the violation committed. In his capacity is an illegal, guilty, dangerous act of the subject, which harms the interests of the individual, the state and society. A land violation is a person's behavior that violates the norms of the ZK, which damages natural resources, the health of surrounding people and the state of the environment.
Specificity of compensation
The law establishes the duty of citizens and legal entities to compensate for the damage caused by them in full. Reimbursement is carried out by a court decision in the established amount of damage or by actual expenses incurred in connection with the restoration of the disturbed state. In this case, losses and lost profits are taken into account . Compensation for harm can also be carried out by the perpetrators and on a voluntary basis.
An Important Moment
The amount of damage is compensated to the injured entities for taking measures to restore losses. Compensation in kind implies assigning the guilty parties the obligation to undertake the necessary measures to bring the territories in a proper condition. Among them, for example, may be reclamation of land. This event involves, in particular, special procedures of an economic and environmental nature. The fulfillment of obligations in kind is imputed to the perpetrator with the consent of the parties. It should be taken into account that the arbitrarily occupied territories are returned to the owners and other entities that carried out their operation on legal grounds, without reimbursement of expenses incurred by persons who were found guilty of violating the ZK for the entire period of illegal land use.
The types of legal protection of lands include:
- The alienation of the territory, which according to the law can not belong to the subject.
- Requisition. It is a seizure of a site, according to the decision of the state agency on terms and in the manner prescribed by the rules, with payment of its value. The law allows challenging the assessment of the allotment in court.
- Confiscation. It assumes the free of charge withdrawal of the site in accordance with the court decision or in the administrative order for the committed offense. Such a measure is applied in cases strictly specified in the legislation.
The legislation provides for the possibility to file demands for the restriction, termination, suspension of activities of citizens and enterprises that violate the norms of land law. Subjects that have caused damage to natural resources as a result of their pollution, destruction, spoilage, depletion, irrational exploitation, destruction of natural ecosystems, complexes, landscapes, reimburse it completely or carry out restorative measures at their own expense.