Features of the Legal Regime of the Land Plots within the Boundaries of Protected Areas of Specially Protected Natural Territories

Abstract

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 Despite the fact that the turnover of these land plots is not limited, they are not withdrawn or redeemed from private property, individually defined characteristics are not significantly changed, but at the same time restrictions are set on the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.