A ban on negotiations on the transfer of Russian territories will be included in the Constitution :: Politics

What it is?

These are lands intended to ensure the operation of organizations and enterprises, for the operation of facilities that are sources of energy supplied to organizations and populated areas. They carry out work that carries increased danger, so there are special security zones here, which are also included in the designated category.

Such memories are provided for the following:

placement of hydroelectric power stations, nuclear power plants, thermal power plants and other energy enterprises;
use of electric grid facilities;
enterprises serving them;
radioactive waste dumps.

The listed and similar types of work permitted in designated areas are regulated by the provisions of Articles 87 and 89 of the Land Code of the Russian Federation.

Concept and general characteristics

Designated lands are an object of land real estate allocated by the state to the following participants in land relations:

municipalities;
enterprises and organizations;
service providers.

It also acts as a type of designated purpose, directing the owner of the land plot to use the land only for energy needs, or for related activities for the operation of energy enterprises or the electric grid.

Such lands must have appropriate characteristics related to the form of exploitation:

be located outside the city, except for network facilities;
be surrounded by a security zone;
prevent flooding from adjacent bodies of water;
not be located in agricultural areas;
do not occupy areas of soil with high fertility and other unique properties.

Due to the increased danger, such areas should be marked with special signs that are not allowed to be removed or moved by yourself.

Special permission lands also include other categories of plots, about which we have prepared separate articles. Learn about lands for space activities, transportation, defense and security, communications.

What is included in this category?

Energy lands are a type of permitted use, being part of the category of industrial and special purpose lands. The right to use them arises among subjects, participants in land relations, due to the type of activity that corresponds to the goals of the energy sector.

Divided into types of use:

zones of location of industry enterprises;
lands used for the location and operation of electrical grid facilities;
landfills and industrial waste disposal sites.

The lands under industrial enterprises provide for the location of such large energy enterprises as the following:

hydroelectric power stations;
Atom stations;
heating stations;
nuclear installations;
objects and structures that serve energy enterprises.

The land under industrial enterprises occupies vast territories. As a rule, close to this territory there are areas of settlements where enterprise personnel live. Mandatory requirements are the presence of an intermediate security zone that cannot be occupied for development.

The exploitation of the lands of the protective zone occurs only on the basis of Government decrees and orders, where regulations for the use of the protective zone are established separately for each enterprise.

The category and intended purpose of the landfill used as a security zone is not taken into account.

Land plots intended for the needs of the electrical grid can be allocated not only from special-purpose lands, but also from lands of other categories, since they are intended to serve populated areas and agricultural complexes, providing them with electricity. Their separation from other categories occurs on the basis of a land surveying project.

Allowed to be used in accordance with established operational safety measures. Be sure to take into account the norms of maximum and minimum load on power lines, observing the regulations for the use of the earth's surface for underground communications, as well as when installing a certain number of supports when laying overhead power lines.

Storage facilities used for storage facilities include structures for storing nuclear materials and radioactive substances, which requires their location in specially designated areas remote from settlements and agricultural areas.

This type of site also includes landfills used as radioactive waste dumps. When organizing them, sanitary standards are applied, obliging the formation of exclusion zones and appropriate security measures in order to avoid the spread of radiation into the human and natural environment.

Alienation of a garden plot

Advice from lawyers:

1. How to legally alienate a garden plot that has been owned for many years? I am not a member of ST. The plot is not needed, we are tired of paying taxes, there is no way to give or sell.

1.1. Hello. Contact the municipality with an application for the free transfer of the site.

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2. Through our SNT, a neighboring cooperative built a high-voltage line to the Volga for a water pumping station (in winter) along my fence. A support post was installed in my garden. Now privatization of the entire plot is impossible, because On my site there is now an exclusion zone. Tell me, is it legal to run a high-voltage line through garden plots?

2.1. Dear Olga, laying a high-voltage line through garden plots is legal if it is carried out on the basis of permits for national purposes.

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3. How does the court relate to the concept of abuse of right, if one of the parties hints at this, since the dacha plot has been sold, the alienation has limited legal capacity a month after it was recognized by the court. Does it matter whether the mentally ill patient alienated his garden plot immediately or a year later?

3.1. Nikolai! The court treats all evidence presented by the parties with a sufficient degree of fairness and evaluates it according to its internal conviction. :sm_ad:

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4. How does the court relate to the concept of abuse of right, if one of the parties hints at this, since the dacha plot has been sold, the alienation has limited legal capacity a month after it was recognized by the court. Does it matter whether the mentally ill patient alienated his garden plot immediately or a year later?

4.1. “How does the court relate to the concept of abuse of law, if one of the parties hints at it, ...” :sm_w: Nikolay! In court, hints are not appreciated in any way. The court usually tries to understand the facts. :sm_bk:

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5. Please answer the following question: I want to purchase a privatized plot of land from a gardening association. The current owner (a pensioner) does not need the plot, he cannot cultivate it, and paying taxes and fees is a burden, so he wants to give it away for free. The owner is not related to me. Please tell me what are our actions to re-register this land plot and what is the best form of alienation - donation or purchase and sale? Thank you in advance.

5.1. Hello! Draw up a land purchase and sale agreement for a nominal fee. Negotiate the price with the seller.

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6. After the alienation of the garden plot, the wife paid the membership fees in advance. How can I get these contributions back? Last year there was a decent cost savings according to the estimate (this was noted in the accountant’s report) to request a recalculation of the amount of membership fees.

6.1. Familiarize yourself with the charter of the gardening partnership and what purposes membership fees are spent on. And how are utilities and other expenses related to the activities of SNT paid? It is quite possible that the funds saved on utility bills will reduce expenses this year, but they have nothing to do with paying membership fees. Membership fees are paid in a fixed amount. Your issue can only be successfully resolved with legal assistance. Always happy to help you!

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7. We have privatized plots in our gardening partnership, but they have not been cultivated for more than 3 years and the owners have not shown themselves, please tell me how to alienate these plots in favor of gardening. Thank you.

7.1. No, the plots have owners.

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8. During marriage, a garden plot was purchased (registered in the name of the ex-wife). After the divorce, an agreement was reached to buy out my (ex-husband’s) share. The ex-wife remarried and changed her last name. Is it necessary to re-register the certificate of ownership under the new surname of the spouse if we want to make a transaction for the alienation of a plot in my favor? Dmitry Savich.

8.1. No, you do not need to re-register your documents; your passport contains a note indicating a change of surname. When registering the transaction, you will need to pay for changing your passport, the registrar will tell you the amount, but it is approximately 300 rubles.

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9. Our gardening community decided to install gas. It is proposed to lay a gas pipeline pipe d 100 mm by air through our site. Question: what could be the consequences? Is there a right-of-way for such gas pipelines? What documents contain the standards?

9.1. Good afternoon. Yes, there is a so-called security zone, within which construction and any work is prohibited.

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10. Good afternoon. Tell me where and how to issue a Certificate from the person carrying out the alienation of garden, vegetable, and dacha land plots under a purchase and sale agreement with installment payment.

10.1. You can issue a power of attorney at a notary or at your place of work.

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11. There is a purchase and sale agreement for garden buildings dated 1997. Now we have decided to sell the garden under this agreement. It turned out that evidence of ownership of buildings and land was required. When they began to prepare documents (survey, cadastre) for the land, it turned out that the site was located in the power line zone, where alienation is prohibited. Our steps to complete the sale of a garden?

11.1. To the court for recognition of property rights and compulsion to enter the state register. reg.right Then sell and receive an extract from the Unified State Register.

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12. There is a plot of 8 acres. in the garden society. Is it possible to build a house for 2 families (twin houses with a common wall) in the center of the plot and divide the plot into 2 parts along the line of this wall (4 acres each) for the further alienation of each part of the house separately? What legislation regulates this issue? Thanks in advance for your advice.

12.1. Hello! You can build if you have a building permit in accordance with Article 51 of the Civil Code of the Russian Federation.

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13. I was the applicant for the illegal alienation of a garden plot. The plot is registered in the name of my mother’s common-law husband and I cannot confirm the relationship. I only have a membership card issued in my name and payment of dues for several years. I was denied admission to WOOD. I was denied access to the materials, since my rights and interests are not affected. Can I familiarize myself with the PMC materials? And file a complaint.

13.1. Elena, if you filed a statement with the police, then you have the right to familiarize yourself with the materials from checking your statement. You can appeal the actions of the police officers to the prosecutor's office. Good luck.

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14. I am the owner of a garden plot. Tell me how and where to correctly draw up an agreement on the boundaries on the procedure for using a land plot, since it is impossible to divide a plot of 6 acres, but I need to alienate 1/2 of the plot and there is a garden house on it that belongs to me? With respect, Roman.

14.1. Good evening. Based on your question, if I understand correctly, you are the owner of both the house and the plot, and you just need to set the boundaries for the use of the land. So these boundaries are indicated in land surveying, during privatization.

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15. 4 years ago, a plot was purchased from a gardening partnership. It is surrounded by a fence, and we recently planted trees there for the garden. Can this plot be alienated and how can it be avoided? I don’t intend to build there, but does it make sense to put some kind of guard there so that the site is not taken away? According to forecasts, government construction of a road on my site may soon begin, or maybe not, it’s just scary, I want to leave the site for the children. Owned plot. Thanks for the help.

15.1. It is important how it was acquired, whether there is a certificate of ownership.

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15.2. The amount of losses caused to owners of land plots by seizure for state or municipal needs or temporary occupation of land plots, or by restriction of the rights of land owners, is determined by agreement of the parties and calculated in accordance with methodological recommendations approved by the Federal Land Cadastre Service of Russia in agreement with the Ministry of Economic Development and Trade of the Russian Federation and the Ministry of Property Relations of the Russian Federation. Disputes related to determining the amount of damages are considered in court. Based on Article 15 of the Civil Code of the Russian Federation, a person whose rights have been violated may demand full compensation for the losses caused to him.

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16. I bought a 6-acre plot of land from a soda society using my membership book. There are no buildings. Then it turned out that this plot was privatized by another person in 1993. From that time until now the owner has not shown up. The chief accountant of the garden society says that it is possible to alienate the plot through the court. Is this real and what is needed for this? Thank you.

16.1. You didn't buy anything because... your membership is illegal. You need to look for the owner of the land or his heirs. There is no other way.

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16.2. Hello, Igor Vladimirovich! In accordance with Article 47 of Law 66-FZ, such an owner can be deprived of ownership of the land. However, he must first be asked in writing to eliminate the violations. Before purchasing such a plot using a membership book, it was necessary to obtain information from the gardening board about the owners. Sincerely, lawyer E.R. Grigorieva

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17. The city court ordered to recover from the citizen in favor of me and my mother monetary compensation for moral damage of 150,000 (one hundred and fifty thousand) rubles each. After the court decision entered into legal force, the citizen deregistered his car with the State Traffic Safety Inspectorate, and his wife alienated her property (a plot of land and a garden house). Are these actions legal? Is it possible to use this property to pay off monetary compensation?

17.1. Olga, was the property seized? Most likely no. You did not ask the court to seize it.

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Legal regime and position

In addition to the Land Code, the rules for the use of such areas are regulated by Government Decrees, Federal laws, regulations and local orders. The use of land and compliance with safety and environmental measures are subject to systematic supervision. It is carried out by the Rospotrebnadzor Services, SES, Ministry of Emergency Situations and other authorized authorities and departments.

The main control and supervisory authority is the Department for Environmental, Technological and Nuclear Control.

Based on statements and complaints from citizens, inspections are carried out to ensure compliance with the standards for the safe use of such lands.

The legislation regulates the installation of special security zones for the purpose of:

maintaining safe operation of power plants;
ensuring trouble-free service of energy facilities;
safety of their operation for the population and the natural environment.

The specially issued Federal Law “On Environmental Protection”, in Articles 40, regulates the basic rules regarding protected zones:

determines the procedure for their establishment;
asserts their boundaries;
determines the conditions for the use of memory devices located within their limits.

Objects and enterprises necessary for servicing populated areas are located on territories allocated from the lands of populated areas by special order.

Please, the sequence of documents for the alienation of a land plot

2.2. After a year has passed from the date of registration of an ownerless immovable property, the body authorized to manage municipal property may apply to the court with a request to recognize the right of municipal ownership of this thing (part 2, paragraph 3).

▪ state natural reserves and national parks (except for the cases provided for in Article 95 of this Code);

▪ If a person renounces the right of lifelong inheritable ownership of a land plot, the right of permanent (indefinite) use of a land plot, the disposal of this land plot is carried out by an executive body of state power or a local government body, provided for in Article 29 of this Code.

▪ The content of restrictions on the circulation of land plots is established by this Code and federal laws.

Alienation of a land plot by its owner to other persons is carried out in the manner established by civil legislation, taking into account the restrictions on the turnover of land plots provided for in Article 27 of this Code.

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Dear colleagues, I wish each of us to hold high the title of lawyer, unswervingly adhering to the principles of impartiality and objectivity!

Who is the owner?

The owner of the land can be either the state or a municipal entity, to which the tracts are transferred for permanent, indefinite use. But in this case, the municipality gives a full report to government agencies that oversee their intended use and compliance with the rules and regulations of operation.

Founders from among the legal entities servicing electric grid facilities can also act as owners of land if it was acquired with funds from the authorized capital.

Protected zones or areas used for transmission line supports may be withdrawn by the municipality in connection with government needs, by replacing the land plot or purchasing it. In some cases, land plots belong to legal entities or individuals, and they are subject to an encumbrance in the form of a public easement.

Types of alienation

In accordance with the concept of alienation, there are two types:

Voluntary, a decision based on one’s own will;
Forced.

In addition, alienation occurs:

Free of charge, for example, when transferring a plot by deed of gift;
Paid, possible transfer of land upon sale or transfer to the state.

Voluntary alienation

When voluntarily transferring ownership of a land plot, a citizen at his own request transfers it to third parties.

Such a transfer is possible if the following is concluded:

Transactions on the purchase and sale of land . A land plot can be sold in accordance with the Civil Code of Russia, Articles 549-558, as well as the Land Code of the Russian Federation. The land is sold both without buildings built on it and together with them. If the contract does not indicate that ownership of the building is being transferred, then the land plot is automatically transferred into ownership;
Voluntary refusal. The owner may apply to the Registration Chamber to relinquish ownership of the plot. Refusal to inherit or lifelong use of a plot allows the state to decide to seize it and provide it to another citizen;
Barter agreements. A plot of land can be exchanged for other property and for another plot of land;
Deed of gift. The donation is made in favor of other citizens, legal organizations and municipalities of the Russian Federation. The recipient can refuse the gift or accept it. In this case, the plot must be transferred free of charge;
A permanent or lifelong annuity agreement. Under the terms of the agreement, the citizen who received the plot is obliged to pay rent in monetary terms. A permanent annuity is paid until the citizen pays the amount specified in the contract. A life annuity provides payments for life;
Contribution of a plot as a contribution to capital (statutory, share, share). Ownership passes to the legal entity.
Wills or inheritance laws. By law, heirs are determined in order of priority. According to the will, the land plot will pass in favor of the specified person.

In case of voluntary transfer, the land is re-registered in the name of the citizen or organization with whom the transaction was concluded.

Forced expropriation

The transfer of property during the forced transfer of land is expressed through the forced seizure of the plot into the ownership of the state, region, city, as well as by going to court.

Reasons for forced termination of property:

Confiscation of land. Such a decision is made at least 1 year before this action. In some cases, upon seizure, a citizen may be provided with the same plot in another location, or the cost of the land and structures on it may be reimbursed;
Confiscation of the plot. This reason provides for gratuitous seizure. This point occurs when sanctions are imposed and the plot is taken to pay off them;
Inappropriate use of land . This reason is possible if the owner does not correct the fact of improper use. Initially, a fine is imposed and only if this punishment does not have an effect, then the plot is confiscated.
Requisition of a site. It is temporarily seized by the state and compensation for damages is paid.

Permitted and prohibited use

On such lands it is possible to build industrial enterprises that satisfy the energy needs of a locality or state. It is unacceptable to develop infrastructure in the area where the enterprise is located; third party access to the enterprise territory is completely prohibited. It is allowed to create only the most necessary amenities for organizing the life of employees:

canteens and buffets;
shower rooms, toilets;
change rooms and rest rooms;
medical and pharmacy points.

When placing electrical grid facilities, depending on its type, unimpeded passage or passage may be permitted or prohibited.

But under no circumstances should you carry out work that may entail:

underground cable damage;
wire break;
changing the position of the supports.

Such work may include both construction and cultivation of soil in undesignated places, as well as the passage of vehicles under transmission lines or near support poles, provided that damage to them is acceptable.

Management and monitoring

Land property management is a condition for the effective use of land resources. Conducted by federal and municipal authorized authorities, as well as by the Agency for Environmental, Technological and Nuclear Control. Officials and authorized persons, as well as proactive citizens making proposals, can take part in management.

Monitoring is an essential part of the management process, focused on the problem of the impact of the use of the massif on the ecological state of the environment. Monitoring is carried out by Rosreestr in accordance with Article 67 of the Land Code of the Russian Federation. Its tasks are as follows:

study of the condition of soils used for energy purposes;
studying the condition of soils used for protective zones;
study of the condition of adjacent soils, the impact of ongoing work on them;
obtaining data on the quality of the fertile layer;
their contamination with radiation, the radius of its spread;
the possibility of their further use for transport needs;
the impact of industry activities on the surrounding ecology;
the degree of effectiveness of continuing their intended use.

The received data is transferred to authorized authorities, where responsible decisions are made on the use of the land mass or on introducing changes in the procedure for its use. On the same basis, measures to protect the environment in adjacent areas are being developed.

Energy lands are governed primarily by Government Decrees, on which subsequent acts of legislation are based.

The Constitution will include a ban on negotiations on the transfer of Russian territories

When asked how diplomats would negotiate with other countries about lands in this case, Klishas replied that they would not do this. “Diplomats will not have such powers. There will be a constitutional ban on this,” he said.

There will be a general ban within the framework of the Constitution, and liability for its violation will be provided for by the Code of Administrative Offenses or other regulations, Krasheninnikov noted. “We are not yet discussing what kind of responsibility this will be and whether it will be the Criminal Code,” Klishas clarified, adding that this will depend on the final wording of the constitutional amendment.

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Deputies and senators from the working group plan to introduce a “territorial” amendment to the second reading of the bill on changes to the Basic Law. According to one of RBC's interlocutors close to the group, the final wording of the amendment is planned to be discussed at a meeting of the working group on February 25.

RBC sent a request to the Foreign Ministry.

What is already prohibited

Now the Criminal Code has Art. 280.1 with a similar wording (“Public calls for actions aimed at violating the territorial integrity of the Russian Federation”). It carries a maximum penalty of imprisonment for a term of up to four years with deprivation of the right to hold certain positions or engage in certain activities for the same period. The same acts committed using the media and the Internet are punishable by up to five years in prison with deprivation of the right to hold certain positions or engage in certain activities for up to three years.

Why was the rule banning the alienation of land needed?

On February 13, at a meeting of the working group with the president, Mashkov said that he had traveled a lot around Russia and communicated with people who fear that after Putin leaves the post of president, there will be people who want to take away some of Russia’s territories - for example, the Kuril Islands, Crimea or Kaliningrad. “I may not formulate it exactly, but it seems to me that it would be nice to enshrine in the Constitution a ban on the alienation of Russian territories. Giving is not allowed. And you can’t even negotiate on this matter. Reinforced concrete,” said Mashkov. The president responded that “he liked the idea itself” and suggested that it be passed on to the lawyers so that they could “formulate it properly.”

They decided to open polling stations at workplaces to vote on the Constitution Politics

The governor of the border Sakhalin region, Valery Limarenko, spoke in support of the initiative. “This is a fair initiative that could finally and irrevocably put an end to senseless speculation about the ownership of the Kuril Islands,” said the head of the region.

Director General of the Russian International Affairs Council Andrei Kortunov, in a conversation with RBC, called this constitutional norm excessive. “This looks like a desire to further consolidate the territorial integrity of Russia and minimize the risks that during some negotiations of individual departments or individual political leaders this territorial integrity may be violated,” he notes.

Russia has many territorial disputes - from Japan to Estonia - similar issues will arise in the future, he continues. “Such a decision should, if not put an end to it, then create a compelling argument for the Russian leadership, which can be referred to. This proposal seems strange to me,” says the expert.

Territorial issues of Russia

A peace treaty following World War II has not been concluded between Russia and Japan; Tokyo lays claim to the islands of the Kuril chain. President Vladimir Putin agreed to negotiate on the treaty issue. In 2001, he spoke about the importance of the Moscow Declaration of 1956, in which the USSR agreed to hand over the islands of Habomai and Shikotan after a peace treaty. In early February, the Japanese publication Chunichi reported that Japanese Prime Minister Shinzo Abe plans to offer Putin two of the four southern islands of the Kuril chain at the upcoming celebration of the 75th anniversary of the Victory in Moscow.

The border agreement signed by the foreign ministries of the two countries in 2014 has not been ratified between Russia and Estonia. Estonia's ruling conservative coalition believes that Russia should return 5% of the former Estonian territory.

Border delimitation continues between Russia and Kazakhstan; in 2017, it became known that during this process the small Sladkoe Lake in the Novosibirsk region was transferred to Kazakhstan.

The last time Russia handed over large tracts of territory was when demarcating the border with China. In 2005, several land plots with a total area of 337 square meters were transferred. km.

Is it possible to rent or convert to ownership?

This category of land is limited in circulation. Therefore, in no case is it permitted to transfer ownership or lease of land:

used for the needs of nuclear and nuclear energy;
for hydroelectric power stations;
for atomic and nuclear storage facilities;
for nuclear waste dumps.

Partial or complete purchase of land by the founders of electric grid farms, thermal power plants and companies representing related services will be allowed. As well as registering them for rent from the state or municipality.

It will also be useful to find out information about whether it is possible to transfer industrial land to another category, and vice versa, whether it is possible to transfer other types of land to industrial land.