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REGULATORY AND LEGAL SUPPORT OF PLACEMENT OF LINEAR CAPITAL CONSTRUCTION FACILITIES
ON THE TERRITORY OF KHABAROVSK TERRITORY
Neronova Ekaterina Nikolaevna, Umanets Irina Faritovna, Pacific State University, Khabarovsk
E-mail: 2022101718@pnu.edu.ru
Abstract. The article considers the main regulatory legal acts regulating the location, construction and operation of linear facilities on the territory of the Khabarovsk Territory, including the peculiarities of the formation of land plots on the territory of the Forest Fund. In addition, the article emphasizes the importance of compliance with the legislation in the design and construction of such facilities.
Key words: linear object, legislation, Khabarovsk Territory, Forest Code, Federal Law, resolution.
A number of regulatory legal acts regulates activities related to the construction of linear objects. In order to consider them, it is necessary to understand what is meant by a capital construction object (hereinafter - CCO) and to have an idea of a linear CCO. A CCO is any building or structure, including an unfinished one that is permanently connected to the land.
Linear structures are distinguished from others by their specific technical characteristics, the most important of which is their considerable length, often spread over a large number of plots of land, including underground plots. These parcels may have different types of use and belong to several territorial units, and their length may reach several thousand kilometers. Linear CCOs include railways, pipelines, motorways, power lines, etc.
Linear CCOs can be located in different areas of the Russian Federation. The largest part of the territory of the Khabarovsk Territory (about 94%) is forest. The distribution of the territory by categories is shown in fig. 1 [1].
The Forest Fund does not include forests classified in other categories. In total, 1672.7 thousand hectares are occupied by forests of other categories.
The data on the structure of the territory of the forest fund by locations in the Khabarovsk Territory summarized in the Tab. 1 [1].
The City Planning and Land Code of the Russian Federation, as well as laws and regulations of the Khabarovsk Territory, which specify requirements for the location, size, parameters and safety of construction facilities, regulate general
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regulations on the location of linear facilities on the territory of the Khabarovsk Territory.
■Agricultural land
■ Settlement lands
■ Lands of industrial and other special purpose
■ Lands of specially protected territories and objects
■ Lands of the forest fund
■Land of the water fund Reserve lands
Fig. 1 Distribution of the land fund of Khabarovsk Territory by categories, %
Table 1
Distribution of lands of the forest fund by sites
Name of land Square, (thousand hectares) Percentage of category, (%)
Agricultural land 63,29 0,09
Land under forests 57898,69 78,55
Land under water bodies 393,16 0,53
Land under wetlands 4504,84 6,11
Other lands 10798,03 14,65
Development land 8,27 0,01
Under the roads 36,34 0,05
Disturbed lands 3,86 0,01
Total 73706,50 100,0
Thus, according to the legislation of the Khabarovsk Territory, the design, construction and installation of linear CCO should take into account the requirements for their safety, reliability, cost-effectiveness and environmental friendliness, as well as local conditions and requirements for design, construction, operation and repair.
In order to construct linear facilities, it is necessary to act in accordance with the Federal Law No. 341-FZ dated 03.08.2018 «On Amendments to the Land Code of the Russian Federation and Certain Legislative Acts of the Russian Federation in Terms of Simplifying the Location of Linear Facilities». The law establishes the procedure for obtaining permit documentation for the construction of structures, including linear facilities (hereinafter - Permit). In accordance with the Law, the Permit is issued by a state or local government body based on the submission of design documentation containing technical and economic parameters of the facility and information on the
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established requirements for its design and construction. At the initial stage of designing the facility, it is important to take into account local conditions and requirements for the design and construction of the facility. On the Khabarovsk Territory, each municipality is subject to the land use and building regulations, which determines the conditions of location and parameters of linear CCO [2].
In accordance with the legislation of the Khabarovsk Territory, there are regulations governing the construction of linear structures in the region. For example, Resolution of the Government of the Russian Federation dated 03.12.2014 No. 1300 establishes a list of types of structures on state and municipal land that do not require construction permits.
The Forest Fund (hereinafter - FF) lands have their own mechanism for regulating relations related to the placement of linear facilities. Thus, clause 13 particle 1 part 1 of article 25 of the Forest Code of the Russian Federation (hereinafter - FC RF) relates the construction, reconstruction and operation of linear objects to the type of forest use. By virtue of paragraph 4 part 1 of 1 Part 1 Article 21 of the Forest Code of the Russian Federation allows the construction, reconstruction and operation of facilities not related to the creation of forest infrastructure for the use of linear objects on the lands of the forest sector.
Despite the fact that LF lands are federal property, the right to dispose of lands of this category is transferred to the subjects of the Russian Federation in accordance with part 1 of article 83 of the Forestry Code of the Russian Federation. In the Khabarovsk Territory on the basis of the Resolution of the Government dated 18.07.2007 144-Pr «On making decisions and concluding agreements on issues of nature use», the regulation of relations related to FF lands is entrusted to the Ministry of Natural Resources of the Khabarovsk Territory and the Ministry of Forestry and Timber Processing of the Territory.
According to the FC RF, land plots could be used by legal entities based on the following rights (Article 9 of the FC RF):
- permanent (perpetual) use of forest land;
- limited use of other people's forest land (easement);
- temporary use of forest land without payment;
- lease of forestland [3].
In accordance with the Order of the Ministry of Natural Resources of Russia No. 445 dated 28.10.2015 «On Approval of the Procedure for Preparation and Conclusion of a Lease Agreement for a Forest Land Plot in State or Municipal Ownership», it is possible to lease a forestland plot based on the results of an auction or without it. In accordance with the lease agreement for such a plot, the applicant receives the right to use the leased land for the construction, reconstruction and operation of linear facilities of various types.
In the absence of provisions of the Forestry Code of the Russian Federation, the grounds and procedure for the creation and termination of these rights are determined in accordance with civil and land legislation, legislation on concession agreements, as well as based on relevant federal laws.
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The legislation of the Khabarovsk Territory provides for the placement of linear facilities on LF lands based on a permit issued by an authorized authority. Thus, in the region there is a resolution of the Government of Khabarovsk Territory dated 07.09.2017 No. 364-PR, which establishes the procedure and conditions for placement on state and municipal property lands without establishing easements. Based on this resolution, there is a possibility of temporary placement of linear facilities on forestland for a fee.
The Ministry of Natural Resources and Ecology of the Russian Federation issued a document No. 434 dated 10.07.2020, which establishes the norms for the use of forest land in the placement of linear objects and is valid throughout the territory of Khabarovsk Territory, and is applicable to forests of all categories.
Article 23 of Chapter IV of the Land Code of the Russian Federation contains a chapter devoted to the rules for establishing a public easement, which could be created only based on the need to protect the interests of the state, local authorities or the local population. Such an easement may be established on state, municipal and private lands. A private easement may be established for the purpose of constructing linear objects that do not interfere with the authorized use of the land plot [4].
On the territory of Khabarovsk Territory there is Federal Law No. 119-FZ dated 01.05.2016 «On peculiarities of granting to citizens of state or municipally owned land plots located in the Arctic zone of the Russian Federation and in other territories of the North, Siberia and the Far East of the Russian Federation, and on amendments to certain legislative acts of the Russian Federation». On the basis of which every citizen is entitled to use the right to receive a land plot in the Far East once Having received a plot of land from LF lands, the applicant has the right to choose any type of permitted use. Thus, according to part 1, paragraph 13. of article 25 of the FC RF a forest plot can be used for construction, reconstruction, operation of linear CCOs.
Compliance with legal regulations when siting linear facilities is a necessity for several reasons:
- legislation protects the rights and interests of citizens and organizations that may be affected by the placement of linear facilities. Violation of legal norms may lead to violation of property rights, environmental damage or creation of unfavorable conditions for human life;
- compliance with legal norms helps prevent conflicts and disputes between different stakeholders. Legislation defines the procedure for obtaining permits for the placement of linear facilities, duties and responsibilities of the parties ;
- compliance with norms when locating linear CCO contributes to the safety and reliability of their operation. Regulatory acts may establish requirements for the technical condition of facilities, as well as requirements for the safety of the environment and the public;
- legal norms regulate the placement of facilities in public and state zones. Violation of the rules may lead to unauthorized use of land, environmental pollution or disturbance of the balance of natural resources.
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Thus, compliance with legal norms when locating linear facilities is an important condition for ensuring sustainable development and protecting the interests of citizens and organizations.
Summarizing the results, it should be noted that the analysis of the regulatory framework has shown that the process of forestland management requires both the introduction of new legislative initiatives and improvement of existing documents.
The problems associated with the imperfection of the administrative and legal framework for land management are an obstacle in the registration of forest plots for the construction of reconstruction and operation of linear capital construction facilities. The resulting delay in the terms of registration of land use permits is one of the factors constraining the development of the region's economy.
References:
1. State (national) report on the state and use of land in the Russian Federation in 2021. - Moscow: Rosreestr, 2022.
2. Federal Law «On Amending the Land Code of the Russian Federation and Certain Legislative Acts of the Russian Federation to Simplify the Location of Linear Facilities» dated 03.08.2018 N 341-FZ (latest version).
3. «Land Code of the Russian Federation» of 25.10.2001 N 136-FZ (ed. of 04.08.2023) (with amendments and additions, effective from 01.10.2023).
4. «Forest Code of the Russian Federation» of 04.12.2006 N 200-FZ (ed. of 04.08.2023) (with amendments and additions, effective from 01.09.2023).
