Objects for recreational and medical purposes. Use of recreational lands

Recreational lands include lands intended and used for organizing tourism, sports and recreational sports activities citizens.

Recreational lands include land plots on which there are holiday homes, boarding houses, campsites, facilities physical culture and sports, tourist centers, stationary and tent tourist and recreational camps, fisherman's and hunter's houses, children's tourist stations, tourist parks and forest parks, educational and tourist trails, trails and sports camps, and other similar objects.

The Land Code of the Russian Federation correctly reflects the concept of recreational lands, since recreation is rest, restoration of strength after work. At the same time, the law does not specify the legal regime of lands used for the placement of permanent and seasonal recreational facilities: holiday homes, boarding houses, campsites, tourist centers, fisherman’s and hunter’s houses and a number of others.

The use of educational and tourist trails and routes can be carried out in accordance with the law on the basis of easements, while the specified land plots are not withdrawn from use from the right holders.

Easements, as is known, can be public or private. For recreational needs on the basis of an easement, it is possible, in particular, to use forest and water fund. Thus, the LC RF (Article 21) allows citizens to freely stay in the forest fund and in forests not included in the forest fund, unless otherwise provided by law (public forest easement). In addition, the use of plots forest fund for cultural, recreational, tourism and sports purposes is regulated by the LC RF as one of the types of forest management (Article 80).

To accommodate stationary objects for recreational purposes on forest fund lands, the right to use forest fund plots and the right to use forest plots not included in the forest fund arise on the basis of a lease agreement for forest fund plots, an agreement for the free use of a forest fund plot, as well as a logging ticket, order or forest ticket. (Article 24 of the LC RF).

Water bodies can be used for recreational purposes (Article 85 of the RF CC). They can be used for mass recreation, tourism, sports in places that are established by the authorities local government in agreement with specially authorized government agencies management of the use and protection of the water fund (Article 143 of the Water Code of the Russian Federation).

The Water Code of the Russian Federation (Article 43) simultaneously provides for the right to limited use of a water body. It appears in the forms of public and private easements. Everyone can use public water bodies and other water bodies, unless otherwise provided by law (public water easement). By virtue of the contract, the rights of persons to whom water bodies are provided for long-term or short-term use may be limited in favor of others interested parties(private water easement). General provisions on easements provided for by civil legislation apply to water easements to the extent that this does not contradict the requirements of the Water Code of the Russian Federation.

The Land Code of the Russian Federation also includes lands of suburban green zones as recreational lands. Classifying suburban green areas as recreational lands is quite justified. This is their legal and natural essence. The territory of the suburban zone of the city includes, as stated in the Civil Code of the Russian Federation (Article 49), lands adjacent to the border (line) of the city and intended for the development of the territory of this city. In the suburban areas of cities, green areas are allocated. They perform sanitary, hygiene and recreational functions. They prohibit economic and other activities that have a harmful effects on the environment.

In addition to the above, it should be borne in mind that the Civil Code of the Russian Federation (Article 45) provides for the allocation of recreational zones on the territory of settlements. Recreational zones of cities and settlements are intended to organize recreational areas for the population and include parks, gardens, urban forests, forest parks, beaches, and other facilities. Recreational zones may include specially protected natural areas and natural objects. On the territory of recreational zones of settlements, the construction and expansion of existing industrial, utility and warehouse facilities that are not directly related to the operation of health and recreational facilities are not allowed.

Or here's another:
In 1957, the Moscow Canal created two gardening partnerships for its employees: Rechnik in Krylatskoye and Vodnik in Khimki. Both were located on the banks of the Moscow River, both received land in unlimited use with the right to erect houses. Now “Rechnik” is being demolished, without recognizing its residents’ right to either houses or land plots. "Vodnik" successfully passed the "dacha amnesty", its residents registered their houses and plots using the same documents from 1957.

There is a lull in Rechnik, but they decided not to demolish the elite Fantasy Island
- FSSP: the Abramovs’ house in the village of Rechnik was demolished by court decision
- The attack on Sokol continues - the artists were accused of illegal rental income

More than 20 million Russian dacha farms for a long time were not registered anywhere. Their owners only had government decrees on the allocation of land and membership books of the gardening partnership. In June 2006, the State Duma adopted a law on the “dacha amnesty” - a simplified registration procedure garden houses. Any building with a height of no more than three floors and an area of ​​up to 1,500 was included in the amnesty. square meters provided that the owner has some kind of document for the plot, and the building is intended for non-commercial use. The law was limited to 2010 - it was believed that everyone who wanted to would register their houses. After all, the registration procedure (including calling a BTI specialist to draw up house and plot plans) should take no more than four months.

But after three and a half years of the “dacha amnesty,” the overwhelming majority of citizens were never able to take advantage of it. Last summer, the “dacha amnesty” was extended until 2015. Most likely, many will not be able to register their buildings by this date. “Officials are doing everything possible to prevent a citizen from gaining ownership of the land he is cultivating,” says a member Public Chamber lawyer Anatoly Kucherena. The chairman of the presidium of the Union of Gardeners of Russia, Lyudmila Kolosova, claims that the number of cases of refusal to register under the “dacha amnesty” has exceeded 40 thousand. “These people may end up in the position of river workers,” Kolosova fears.

Several ways to “legally” demolish any objects

The easiest way to outlaw a dacha or cottage is to cancel the decree allocating land for its construction. This is what happened with "Rechnik". The main argument of the authorities is that the decree of 1957 was changed in 1959, when citizens were prohibited from erecting buildings, and canceled in 1980, when officials demanded that the plots be vacated. “Our laws are enforced at the discretion of the bureaucrats, and the likelihood of repeating the fate of Rechnik with other houses or garages is very high. There are a lot of places that the authorities are interested in,” says Vasily Dikusar, vice-president of the Russian Guild of Lawyers.

According to lawyer Dikusar, who published illegal decree the official should be imprisoned, and the citizen who managed to build on the site should be paid compensation. But officials, as a rule, manage to evade responsibility. Moreover, no one is punished for not paying attention to buildings built with violations for years or decades. “The village Sokol was remembered 90 years after its inception. If we had waited another ten years, there would have been an anniversary,” says Dikusar.

Another way to outlaw a dacha is to transfer the land on which it is located to environmental protection or water protection zone, forest fund, park, reserve or farmland. The purpose of land can be changed by both federal and regional authorities, And " dacha amnesty" does not apply to such areas anymore. The land under "Rechnik" also became "environmentally protected" - 41 years after the establishment of the garden partnership.

It is also possible to retroactively cancel an already registered property right. This happened to members of the Yagodka-1 dacha cooperative in the Odintsovo district of the Moscow region. The cooperative has existed since 1995, but in 2009, officials decided that there was no place for houses in several areas - the high-pressure gas pipeline was located too close.

A citizen can learn that his dacha is subject to demolition only from bailiffs, who arrived accompanied by equipment. Then the officials will say that they did not notify him because they did not know who owned the site.

Angelina Abramova's house was one of the first to be demolished in Rechnik. Then it turned out that judgment was issued to another person. Abramova has already proven the illegality of the demolition and is now demanding a criminal case against the bailiffs and compensation of 20 million rubles. Deputy Head of the Department Federal service Bailiffs in Moscow Evgeniy Lukyanchikov justifies himself: “For several years, the relevant structures have been collecting information about who built and who lives in this building.” He does not see the fault of the bailiffs in what happened: “There was a decision, there was no appeal within the appropriate time frame, and a performance list and presented for execution."

Another reason for demolition is the development of urban infrastructure. In Ulan-Ude (Buryatia), they are preparing to demolish 400 buildings located in the villages of Stepnoy and Soldatsky. The dachas are preventing the expansion of the local airport's runway. The buildings have already been declared illegal, and those who do not voluntarily dismantle them will pay another 11 thousand rubles for demolition work. "Take away land for state or municipal needs it's possible, but Civil Code obliges or pays market value plot, or seek to have the construction declared illegal,” explains lawyer Vadim Alexandrov.

1. Recreational lands include lands intended and used for organizing recreation, tourism, physical education, health and sports activities of citizens.
The main purpose of recreational lands is to meet the recreational needs of citizens.
Recreational lands also include land plots on which there are such facilities as holiday homes, boarding houses, campsites, physical education and sports facilities, tourist centers, stationary and tent tourist and recreational camps, fisherman’s and hunter’s houses, children’s tourist stations, tourist parks, educational and tourist trails, highways, children's and sports camps, and other similar objects (clause 2 of article 98 of the Land Code of the Russian Federation).
Use of educational and tourist trails and tracks established by agreement with the owners land plots, by land users, landowners and tenants of land plots, can be carried out on the basis of easements; in this case, the specified land plots are not withdrawn from use.
The lands of the category under consideration are not seized and are not limited in circulation, since Art. 27 of the Land Code of the Russian Federation, containing exhaustive list land plots seized or limited in circulation, recreational lands are not mentioned, but a special legal regime is established for them, limiting or prohibiting activities that are incompatible with the main purpose of these lands.
Free circulation of recreational lands, in contrast to specially protected lands natural areas, lands of special historical and cultural heritage (Article 27 of the Land Code of the Russian Federation), means the possibility of their location in private property, including through privatization. However, the procedure for creating such territories is unclear (the method of expression of the will of the private owner, etc.), because this subcategory of land belongs to the category of lands of specially protected territories and objects that must be withdrawn in accordance with the regulations federal bodies state power, state authorities of constituent entities of the Russian Federation or decisions of local governments, in whole or in part from economic use and turnover and for which a special legal regime has been established (clause 1 of Article 94 of the Land Code of the Russian Federation).
Recognition of lands as recreational lands does not entail the seizure of land plots from owners, land users, landowners and tenants. As for the ownership, use and disposal of these land plots, they are limited. Citizens and legal entities whose land plots are located on recreational lands are required to comply with the regime established for these lands.
Since March 16, 2009, lands of suburban green zones, which, according to Art. 86 of the Land Code of the Russian Federation in the previous edition as green areas were allocated as part of suburban areas in the category of land settlements. Now Art. 86 of the Land Code of the Russian Federation determines that in suburban areas, recreational areas for the population are also allocated. Consequently, public recreation areas, although they have a similar recreational purpose, are regulated in the category of lands of settlements. The boundaries and legal regime of suburban zones are approved and amended by the laws of the constituent entities of the Russian Federation, and for cities federal significance Moscow and St. Petersburg - by federal laws.
At the same time, the lands of suburban areas are mainly occupied by forests. Urban forests, green zone forests and forest parks are included in Art. 102 of the LC RF to the category of protective forests, i.e. they are subject to more stringent protection in accordance with the requirements of the LC RF.
In addition, in the category of lands of settlements, recreational zones are now directly allocated (clause 1 of Article 85 of the Land Code of the Russian Federation). According to paragraph 9 of Art. 85 of the Land Code of the Russian Federation, land plots within recreational zones, including land plots occupied by urban forests, squares, parks, city gardens, ponds, lakes, reservoirs, are used for recreation and tourism.
A peculiarity of recreational zones as part of the lands of settlements is that their legal regime is not determined legal norms Land Code of the Russian Federation, dedicated to lands for recreational purposes as part of lands of specially protected territories and objects, and town planning regulations territorial zone, established by the rules of land use and development. For land plots located within the boundaries of one territorial zone, a single town planning regulations, developed individually, taking into account the peculiarities of its location and development, as well as the possibilities of territorial combination various types use of land plots (clause 2 of article 85 of the Land Code of the Russian Federation).
Citizens can freely stay on recreational lands that are in the state and municipal property, if they are not closed for access. At the same time, they are obliged to comply with the regime of recreational lands. With regard to land plots owned by right of ownership or other land rights to citizens and legal entities, classified as recreational lands, then access to them is possible in the order established by law RF (Article 262 of the Civil Code of the Russian Federation), i.e. with the consent of the private owner.

More on the topic § 4. Legal regime of recreational lands:

1. Chapter 15. LEGAL REGIME OF AGRICULTURAL LAND

LAND FOR RECREATIONAL PURPOSE - according to land law RF allocated to in the prescribed manner lands intended and used for organized mass recreation and tourism of the population (land plots occupied by the territories of holiday homes, boarding houses, sanatoriums, parks, etc., outside lands for recreational purposes). To Z.r.n. also include lands in suburban green areas, i.e. lands outside the city limits, occupied by forests, forest parks and other green spaces that perform protective, sanitary and hygienic functions and are a place of recreation for the population. On Z.r.n. Activities that impede their intended use are prohibited.

Big legal dictionary. - M.: Infra-M. A. Ya. Sukharev, V. E. Krutskikh, A. Ya. Sukharev. 2003 .

See what “RECREATIONAL LAND” is in other dictionaries:

Plots of land intended and used for organized mass recreation and tourism of the population (Land Code of the RSFSR.) EdwART. Protection terms and definitions environment, environmental management and environmental safety. Dictionary … Ecological dictionary

RECREATIONAL LAND- lands allocated in accordance with the established procedure, intended and used for organizing recreation, tourism, physical education and sports activities of citizens. The composition of Z.r.n. includes land plots on which houses are located... ... Legal encyclopedia

Plots of land intended and used for organized mass recreation and tourism of the population. Dictionary of business terms. Akademik.ru. 2001 ... Dictionary of business terms

Recreational lands- 1. Recreational lands include lands intended and used for organizing recreation, tourism, physical education and sports activities of citizens. 2. Land for recreational purposes includes land... ... Official terminology

Recreational lands- land plots as part of the lands of specially protected territories and objects that are intended and used for organizing recreation, tourism, physical education and sports activities of citizens, on which there are rest houses,... ... Large legal dictionary

Land allocated in accordance with the established procedure, intended and used for organized mass recreation and tourism of the population. These include land plots occupied by the territories of holiday homes, boarding houses, sanatoriums, camping grounds, sports ... encyclopedic Dictionary economics and law

recreational lands- according to the land law of the Russian Federation, lands allocated in accordance with the established procedure, intended and used for organized mass recreation and tourism of the population (land plots occupied by the territories of rest houses, boarding houses, sanatoriums, parks, etc.... Large legal dictionary

Recreational lands- 1) type (subcategory) of the category of lands of specially protected territories and objects; 2) lands intended and used for organizing recreation, tourism, physical education and sports activities of citizens; included in the Z.r.n. enter... ... Environmental law Russia: dictionary of legal terms

Agricultural land - separate category lands that are used for needs Agriculture and are intended for these purposes. Consist of agricultural land and land occupied by roads, forest protection plantings, buildings, structures and structures,... ... Large legal dictionary

RECREATIONAL PURPOSE OF LAND- LAND FOR RECREATIONAL PURPOSE... Legal encyclopedia

Once upon a time, recreation meant a vacation, a school break, or a place where one could relax. Later, recreation began to be called various activities that are designed to help tired people and restore their health. The term "recreational" expanded even further when it became one of the definitions Land Code our country.

Concept and purpose

Articles of “land” laws clearly classify all territories according to their existing and/or potential purpose and use. Some territories are classified as specially protected. Chapter 18 is devoted to this.

The lands we are considering are discussed in Article 98. Recreational lands are intended and used to create opportunities for tourism, sports, as well as relaxation and health improvement for everyone (those in need).

Also, Article 98 stipulates the composition of recreational lands, as well as everything that can be built there. Eat interesting feature : recreational zones can be allocated in cities, towns, and so on. IN in this case We are talking about parks, forests, squares, water bodies

(ponds, reservoirs), beaches. Such recreational areas are not considered specially protected areas, but this is their only difference from other recreational lands.

If we talk about the development of such areas, then it must correspond to their purpose. Any building should be focused on recreation, sports, and tourist events. If such an appointment cannot be traced, a ban will be imposed at the preliminary approval stage. On recreational areas it is possible to build (expand) municipal, industrial and warehouse purpose

only if they directly comply with the permitted use of the land. Any construction on recreational lands should be carried out only in agreement with local government environmental authorities. The procedure for using such lands almost everywhere, in any region, is determined

local administration on one's own. Many recreational areas have unique characteristics, for the protection of which special measures are envisaged. The term ““ is closely related to the concept of recreational lands. It means

• A public easement is permission for everyone to come to the forest, come to the river, sit on a blanket with a book in a flowering meadow. Such personal recreation has a number of restrictions - do not make fires, do not harm the environment, and the like. How such restrictions are observed is a separate matter.
• A private easement is the granting of rights certain persons(organizations) to use recreational lands in their activities, but strictly for their intended purpose. In this case, we are talking about the construction of holiday homes (private, departmental), camping hotels, tourist centers and the like.

In any case, the use of such lands must comply with all accepted for this recreational area rules and regulations. In addition to the Land Code of the Russian Federation, other codes are important here (Water, Forest) plus local ones guidance documents(each region has its own).

Types of territories

• all kinds of historical buildings, including those found through archaeological research;
• various attractions whose significance is confirmed (the most expensive night club the city does not belong to attractions in this regard);
• settlements where various crafts, production, crafts (national handicrafts, etc.) have been preserved in their original form;
• burials (military and civil).

It is impossible on such lands. Accordingly, inappropriate use is also prohibited.

Special protection regimes are established on such lands. Any construction and other management near areas with historical and cultural objects must be accompanied by a set of agreed security measures.

Another feature: such lands are not confiscated from the owners, unless there is some exceptional case.

But is it possible to take them into recreational lands? More on this later.

How often do owners believe that “the land is mine, I do whatever I want”? This common mistake can be costly if made on recreational, historical and cultural lands or close to them.