DEFINITION AND LEGAL REGIME OF PROTECTION ZONES OF LANDS OF COMMUNICATIONS UNDER THE UKRAINIAN LEGISLATION

Author(s):  
Anzhela Slepchenko
2020 ◽  
Vol 2 (2) ◽  
pp. 195-213
Author(s):  
K. M. Shirokov ◽  

Introduction. This article is devoted to the analysis of the peculiarities of the legal regime of land plots within the boundaries of protected zones of specially protected natural territories. Due to their special significance and uniqueness, specially protected natural territories form the nature reserve fund of the Russian Federation with a special mechanism for protection and protection from negative anthropogenic impact. Protected areas are one of the measures to protect such specially protected natural areas as state nature reserves, national parks, natural parks and natural monuments, as well as one of the most important elements of the legal regime of lands of specially protected natural areas. The creation of data on specially protected natural areas, as a rule, is followed by the subsequent approval of the regulations on their protected zones. Since the legislation does not have peremptory norms on the mandatory creation of protection zones, such zones are not widespread at the federal and regional levels. Theoretical Basis. Methods. An important role in the process of studying the peculiarities of the legal regime of land plots within the boundaries of specially protected natural territories was played by systematic, comparative, formal-legal methods. Results. The features of the establishment, modification and termination of the protection zones of specially protected natural areas, as well as the features of coordination of their borders and the entry of information into cadasters and registers are considered. Based on a comprehensive analysis of judicial practice, conclusions are drawn about the need to improve the mechanism for determining the feasibility of economic activity on land in protected areas. Particular attention is paid to the characteristics of the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation on protected areas of specially protected natural territories of federal and regional significance and the legal regime of land plots within their borders. Discussion and Conclusion. This study showed that the establishment of protected areas of specially protected natural areas significantly affects the legal regime of land within their borders. Despite the fact that the turnover of these land plots is not limited, they are not withdrawn or redeemed from private property, individually defined characteristics are not significantly changed, but at the same time restrictions are set on the possibility of carrying out economic and other activities, the need for additional coordination with state bodies authorities order to carry out such activities on land. Changes associated with the establishment of protective zones entail a change in the cadastral and market value of land, and as a result, the right of land owners to demand compensation from state authorities for civil and land laws.


2019 ◽  
Vol 7 ◽  
pp. 179-185
Author(s):  
Alexey Dubrovsky ◽  
Elena Voronina

The article deals with violations of the legal regime of land use within the boundaries of water protection zones (on the example of the Novosibirsk reservoir). Examples of the use of land for the place of "wild" rest of the population, storage of household garbage. With the use of earth remote sensing data, examples of unauthorized seizure of land within the boundaries of water protection zones, as well as plowing of these lands and the organization of industrial production are shown. The conclusion is made about the need for short-term work on the establishment and consolidation of the boundaries of water protection zones and coastal protective strips.


2021 ◽  
Vol 16 (3) ◽  
pp. 177-184
Author(s):  
A. M. Tsaplina

The paper reveals the content of "protection of water bodies" concept, giving particular attention to the consideration of the legal regime of water protection zones and coastal protection zones as one of the legal mechanisms for the protection of water bodies from pollution, clogging, siltation. The author analyses of the peculiarities of the legal regime of water protection zones of the Soviet and current Russian legislation. Based on the current legislation and current judicial practice, the author considers the characteristics of the legal regime of the above mentioned zones and some problems of compliance with the regime (for example, violation of the legal regime of the water protection zone due to the absence of information signs on the ground), which one has to face in practice. In this regard, the author gives special attention to the need to inform nature users and increase their level of ecological culture. The author concludes that there is some inconsistency of the current water legislation in the context of the legal regime of water protection zones and coastal protection zones with the ecosystem approach in nature management. The formally envisaged legal regulation creates only the appearance of effective mechanisms for water protection.


2021 ◽  
Vol 937 (4) ◽  
pp. 042070
Author(s):  
K V Tikhonova ◽  
E O Kalinichenko ◽  
A O Kalinichenko ◽  
V S Geydor ◽  
D A Tikhonov

Abstract One of the areas of land management in territorial formations is the establishment of a special legal regime for their use. The main purpose of this research is precisely the comprehensive analysis of legal and social environment in order to create special-condition zones for the use of territories. Deductive, inductive, analytical, comparative legal and other scientific methods have been applied. This article identified a diversified nature that regulates the process of establishing zones under consideration and, besides, specifics of their parameters and restrictions to be imposed. The documentation setting out such parameters for each zone to be established was examined, and the interrelation between the features of the objects and the configuration of their protection zones was established. The greatest emphasis was placed on differentiating the conditions for the formation zones in two ways: in the process of integrated development of territories and in the creation of conditions for the protection of those sites that are already in use. As a result, it was revealed how the establishment of special-condition zones for the use of territories influences the content of urban planning documentation. In the first case, such a procedure is carried out during the planning phase of allocation of engineering and transport infrastructure. In the second case, zoning is carried out in order to bring the legal regime of previously commissioned infrastructure elements or natural and historical-cultural sites into compliance with current legal norms. However, in both cases there is an inextricable link to the territorial planning system.


2018 ◽  
Vol 2 (4) ◽  
pp. 84-95
Author(s):  
V.V. Polyakov ◽  
◽  
P.V. Polyakov ◽  
T.E. Aleksandrova ◽  
◽  
...  

Author(s):  
Oleksii Chepov ◽  

The qualitative and clear definition of the legal regime of the capital of Ukraine, the hero city of Kyiv, is influenced by its legislative enshrinement, however, it should be noted that discussions are ongoing and one of the reasons for the unclear legal status of the capital is the ambiguity of current legislation in this area. Separation of the functions of the city of Kyiv, which are carried out to ensure the rights of citizens of Ukraine and the functions that guarantee the rights of the territorial community of the city of Kyiv. In the modern world, in legal doctrine and practice, the capital is understood as the capital of the country, which at the legislative level received this status and, accordingly, is the administrative and political center of the state, which houses the main state bodies and diplomatic missions of other states. It is the identification of the boundaries of the relationship between the competencies of state administrations and local self-government, in practice, often raises questions about their delimitation and ways of regulatory solution. Peculiarities of local self-government in Kyiv city districts are defined in the provisions of the Law on the Capital, which reveal the norms of the Constitution in these legal relations, according to which the issue of organizing district management in cities belongs to city councils. Likewise, it is unregulated by law to lose the particularity of the legal status of the territory of the city. It should be emphasized that the subject of administrative-legal relations is not a certain administrative-territorial entity, but the social group is designated - the territorial community of the city of Kiev, kiyani. Thus, the provisions on the city of Kyiv partially ignore the potential of the territorial community.


Author(s):  
N. B. Rubtsova ◽  
A. Y. Tokarskiy

The main problems of overhead and cable transmission lines with voltage >=110 kV electric and magnetic fields general public protection are presented. It is shown that it is necessary to develop regulatory requirements for these lines’ sanitary protection zones organization, taking into account the magnetic field component, because its possible health risk factor, up to carcinogenic.


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