Coastal waterfront area of \u200b\u200bthe river. Coastline. There is a law, but there is no execution
1. Surface water facilities that are in state or municipal property are water bodies, that is, publicly available water bodies, unless otherwise provided by this Code.
2. Every citizen has the right to access water utilities and free to use them for personal and domestic needs, unless otherwise provided by this Code, other federal laws.
3. Use water objects General use is carried out in accordance with the rules for the protection of people in water facilities approved in orderdetermined by the authorized federal executive body, as well as on the basis of the rules of use of water bodies established by local self-government for personal and domestic needs.
4. In total uses, the fence may be prohibited (withdrawal) water resources For the purposes of drinking and household water supply, swimming, use of small vessels, water bikes and other technical meansdesigned to relax on water bodies, water, and other prohibitions are established in cases provided for by law. Russian Federation and the legislation of the constituent entities of the Russian Federation.
5. Information on the restriction of water use in public areas is provided by citizens of local self-government through the media and through special information signs installed along the shores of water bodies. Other ways to provide such information can also be used.
6. Earth strip along coastline (the borders of the water object) of the public object (coastline) is intended for public. The width of the coastline of the general use of public objects is twenty meters, with the exception of the coastline of the channels, as well as rivers and streams, the length of which from the source to the mouth is nothing more than ten kilometers. The width of the coastline of the canals, as well as rivers and streams, the length of which from the source to the mouth is no more than ten kilometers, is five meters.
7. Coastline Swamps, glaciers, snowflashs, natural outlets underground water (springs, geysers) and other water objects provided by federal laws are not determined.
8. Each citizen has the right to use (without the use of mechanical vehicles) by the coastal strip of public areas for moving and staying near them, including for the implementation of amateur and sports fisheries and mooring floating funds.
Head contentPublications in the press:
May 17.
12:01 For recovery of losses caused by government agenciesJanuary 28, 2013.
Disputes related to the provision of land plots for constructionJanuary 9, 2013.
16:46 Act of amateur fishing has been submitted to the State DumaDecember 18, 2012.
14:32 Hefty is will fall on the fishing rod for freeMay 10, 2012.
Capture of nature - to be, or the art of the official refusalWater objects common use.
Water facilities of general use are publicly available surface water bodies in state or municipal property. The publicly available is that every citizen has the right to access water facilities and for free to use them for personal and domestic needs, unless otherwise provided by federal laws.
The size of the coastal strip. The coastline is determined for the following water bodies:
1) seas or their individual parts (sheds, bays, including bays, limans and others);
2) watercourses (rivers, streams, channels);
3) reservoirs (lakes, ponds, flooded careers, reservoirs).
The width of the coastline is twenty meters, with the exception of the coastline of the channels, as well as rivers and streams, the length of which from the source to the mouth is not more than ten kilometers - for them the width of the coastal strip is five meters.
Coastline as a common area.
The coastal strip is the territory of general, which an unlimited circle of individuals is unhindered. Each citizen has the right to use (without the use of mechanical vehicles) by the coastal strip of public utilities for movement and stay near them, including for the implementation of amateur and sports fisheries and the moisters of floating funds.
Ensuring the free access of citizens to the water facilities and their coastal strips are related to issues of local importance of municipalities.
It is prohibited to privatize land plots within the coastal strip. Lease contract land plotIn state or municipal property and located within the coastal strip, is the user with a water object, subject to ensuring the free access of citizens to the Water Object of General Use and its coastal strip.
Comments:
| Written: Potainoi Date: 08/01/2014 16:59 1. Article 6 of the Water Code of the Russian Federation of 16.11.1995 N 167-FZ. 2. Article 20 of the Water Code of the Russian Federation of 11/16/1995 No. 167-FZ. 3. Clause 12 of Article 1 of the Town Planning Code of the Russian Federation of 29.12.2004 N 190-FZ (ed. From 19.07.2011) (with amended and add., Evaluating from 01.09.2011). 4. Paragraph 15 h. 1 Art. 14, p. 28 h. 1 Art. 15, p. 36 h. 1 Article 16. Federal Law of 06.10.2003 N 131-FZ (ed. From 25.07.2011) "On general principles Organizations of local self-government in the Russian Federation "(with amendment and extra., entering into force on 02.08.2011). 5. Part 8 Art. 27 of the Land Code of the Russian Federation of 25.10.2001 N 136-FZ (ed. From 19.07.2011). 6. Part 3.2. Art. 22 of the Land Code of the Russian Federation of 25.10.2001 N 136-FZ (ed. From 19.07.2011). |
| Written: KAP18 Date: 10/01/2014 00:13 Who complain about violation? In the prosecutor's office? Have you seen the cottages of prosecutors? But more and more water is built. And the higher the position, the greater the cottage. And who on holidays thumps with prosecutors? The same governor, NCH GUVD, judges, and other owners of life. Who are you going to complain and who? |
| Written: VLDSP Date: 10/01/2014 23:28 Thank you! Sometimes too lazy to read all sorts of codes there, too to ... a lot of them. |
| Written: Deniva48 Date: 01/18/2014 20:25 Many thanks for the information collected. |
№ 2-38 / 2013
DECISION
Name of the Russian Federation
Tambov District Court of the Tambov region as part of:
presiding Judge Drobysheva E.V.
with the secretary of the Macchina L. G.
examined in open court a civil case under the suit of Polunina Nikolai Ivanovich to Chudin Galina Nikolaevna to eliminate obstacles in use coastal zone Lake Red,
installed:
Polunin N.I. He appealed to the court to Chudinova G.N., asks to eliminate obstacles from the defendant in the use of the Water Lake of the Lake Red Lake, obliging the defendant to dismantle the fence and part of the Garden House No. 10 in the Garden Association "Lake Red".
In justification of their claims, the plaintiff pointed out that Chudinova G.N. He is the owner of the land plot No. 10, located in the Horticultural partnership "Lake Red". On the land plot is a garden house. A garden house and a fence, an increasing plot, are located within the coastal strip of the lake "Red", that is, at a distance of less than 20 meters from water rival. The location of the garden house and the land plot, prevent the plaintiff to use the coastline of the water site.
At the hearing, the representative of the plaintiff by proxy Kruglov D.A. The lawsuit supported and explained that from the conclusion of the expert it sees that the garden house belonging to the Chudinova and the fence, its increasing, violate the requirements of Art. Water Code of the Russian Federation and therefore Polunin N.I. Requests to eliminate obstacles from Chudinova in the use of the Lake Coast Light, obliging it to demolish the fence and part of the garden house.
Respondent Chudinova G.N. At the hearing, the lawsuit did not recognize.
Representative of the defendant lawyer Trubnikov V.A. At the hearing, he objected to the satisfaction of the claim and explained that the land plot belonging to Chudinova G.N, in the zone of solid development and the boundaries of the site were defined for a long time. According to the expert, the land plot of Chudinova does not interfere in the use of citizens with a water object.
Representative of the Office of Rosprirodnadzor in the Tambov Region by proxy Vyazovov A.S. At the hearing, explained that the land plot of Chudinova does not prevent the free access of citizens to the coastal strip of the Red Lake. In the conclusion of the expert, a small imposition of a land plot on the coastal strip is indicated, but it does not block access to the water object. The water level in the river changes depending on the level of the R. Tsna detected on the dam, hence the width of the coastal strip changes from here.
The representative of the administration of the Tambov district at the court session did not appear. Presented a court for consideration of the case in his absence.
After listening to the persons participating in the case, examining the case file, the court comes to the following.
i decided:
Polunin N.I. In satisfying the claims to Chudinova G.N. The elimination of obstacles in the use of the coastal zone of the Water Object - the lake is red, refuse.
The decision may be appealed to the Tambov Regional Court through the Tambov District Court within a month from the date of reference in final form.
Presiding - E.V.Drobysheva The decision was made in final form on March 14, 2013
Right. Judge E.V.Drobyshev
Court:
Tambov District Court (Tambov region)2.3. The coastline (before it was called the "shoreline") is a strip of earth along the coastline of the Water Object, designed, like water of the water object, for general use. It is counted from the coastline, determined according to article 5 (parts 4 - 6) VC. Typically, instead of the "coastline" they say "shore".
The width of the coastline (shores) of the sea, lakes, a pond, a waterfront career and a reservoir, as well as rivers, streams and canals, the length of which from the source to the mouth of more than 10 kilometers is from the coastline of 20 meters (no more than no less). The width of the coastline of rivers, streams and channels, the length of which from the source to the mouth is less than 10 kilometers, is 5 meters. The coastline for swamps, glaciers, snowflates, springs and geysers is not determined, that is, it is believed that these water bodies have no coastal strip.
The establishment of the coastline of the directly commented article VK for all water objects means the inadmissibility of the adoption of acts of less legal force establishing it differently. Only decisions on the features of the use of coast bands on some water bodies can be accepted.
On the coastal strip (except for water bodies not in common use) Everyone has the right to be and move, but without cars, motorcycles and tractors. This means that these mechanical vehicles is prohibited to be adjusted to water (coastline) closer, respectively, 5 or 20 meters.
The use of the coastal strip can be limited to another FZ. Currently, such a FZ is the CVTV.
3. Nor VK, nor the introductory law has not provided a change in the CVTT. Meanwhile, Article 10 of the CVT contains provisions on the coastal band of GDP.
In accordance with Article 10 of the CVT within the GDP located behind the feature of urban settlements, the organization of internal water transport It is entitled to use free for work related to shipping, the coastal strip - the lane of the earth is 20 meters wide from the edge of water deep into the coast with a medium-tensile level of water on free rivers and normal level Water on artificially created GDP. On the shore, having a bias of more than 45 degrees, the coastline is determined from the edge of the coast of the shore.
Basin organs government controlled The inner water transport has the right to:
Use the coastal strip for work to ensure shipping and the construction of buildings, buildings and structures for these purposes;
Install on the coastal strip coastal navigation equipment;
Exercise tree and shrubs growing on the coastal strip to ensure shipping safety, including the visibility of the coastal means of navigation equipment, as well as for a geodetic justification when shooting areas of river beds; Installation of coastal products of navigation equipment and laying of promises to ensure their visibility can also be carried out outside the coastal strip in the manner prescribed by forest and water legislation;
Use free for the needs of water vehicles soil, stone, gravel, trees and shrubs located within the coastal strip;
Allow the device for temporary structures for the mooring, mooring and parking of vessels and other floating objects, loading, unloading and storing goods, landing on ships and disembarking from ships of passengers in coordination with the corresponding Foiv;
Allow the construction of temporary buildings and carry out other necessary work in cases of unforeseen wintering vessels or transport accidents with courts.
The removal of land sites located within the coastal strip, and the allocation of sections of the GDP water area, the construction of any buildings, buildings and structures on them is carried out in the manner prescribed by land and water legislation in coordination with the basic bodies of public administration on inland water transport. Projects for the construction or reconstruction of economic and other facilities placed on the coastal strip are subject to mandatory coordination with the basic bodies of public administration on inland water transport. It is not allowed to use the coastal strip for the implementation of economic and other activities, if such activities are incompatible with ensuring the safety of shipping.
Persons using the coastal strip for temporary work, after their completion, must clear the coastline and equip it. Installation on the coastal strip of any permanent lights directed towards ship moves, with the exception of navigation lights, is prohibited. Temporary light owners must agree on their installation with the public administration authority on inland water transport and ensure the fence of such lights by ship moves.
Use water sites For fisheries in the event that such sites are used for shipping, it is allowed in agreement with the basin bodies of public administration on inland water transport. It is prohibited to be leaving in the water area and on the coastal strip within the GDP of the gentlemented ships or structures that have a negative impact on the state of GDP and the coastal strip and (or) it makes it difficult to use.
Free use Organizations of inland water transport by the coastal strip does not apply to the PAs, the territory of the GTS, land plots on which landlochetic structures are placed, automotive removal bands and railways, Land plots fortified by special structures, and other land provided for in land and other legislation. The use of the coastal strip within GDP in the sections of the boundary zones of the Russian Federation is carried out in coordination with the Foil in the field of security.
The above provisions of Article 10 of the CVT are valid for only those water bodies and their coastal strips (land plots on them), which are GDP and are used by the organizations of inland water transport. With regard to water bodies that are not GDP, the provisions of Article 10 of the CVTT (its restrictions on the use of coastal strips) do not work.
The list of GDP is approved by the order by the government of December 19, 2002 N 1800-p. He relates to them in the Moscow channel, the Belomor-Baltic Channel, the Volga-Baltic Channel, the Volga-Don Shipping Channel, the North Dvina Slogan System, Lake Baikal, River Volga, Kama, Don, Kuban, Pechora, Irtysh, Ob, Yenisei, Lena and Amur. For each of the named waterways in the list, their upper and lower boundaries and length in kilometers are specified in the list.
In pursuance of Article 10 of the CVT, the Government Decree of February 6, 2003 No. 71 approved the provision on the special conditions for the use of the coastal strip of the inland waterways of the Russian Federation, which practically nothing complements the provisions of Article 10 kVT.
Article 7. Water relations participants
Comment on Article 7
1. VK on the participants of water relations provides only one (commented) article of concise content. In VK-95 contained a separate chapter "Subjects of water relations" (Articles 23 - 30).
The composition of the participants in water relations is traditional and general. Provisions similar to Article 7 of VC are contained in many FZ. "Participation in relationships" means performing actions or abstaining from them in accordance with the legislation.
2. Article 7 of VC allows for water relations (in water use) of any individuals, that is, citizens of the Russian Federation, foreign citizens and stateless persons. They can participate in such respects both directly and through the representative, if they have identification documents (usually a passport), are not deprived of the court of legal capacity (that is, the ability to acquire and implement rights and obligations) and (for entrepreneurs without the formation of a legal entity) passed State registration.
Legal entities (organizations), including foreign, can participate in water relations, if they are registered in the prescribed manner, in accordance with their constituent documents and in various organizational and legal forms allowed by civil law (Joint Stock Company, Limited Liability Company and Dr.), through its managers or representatives who are individuals. Representatives of individuals and legal entities can be any individuals.
Article 29 of VK-95 allocated water users from the participants of water users using water bodies to ensure the needs of water consumers. It concerned the water users providing water to people directly access to water bodies that do not have (apartment tenants, etc.). Such water user (for example, Mosvodokanal State University) was supposed to obtain a license for water use and conclude a water use agreement in the interests of water consumers, and the water was paid by the "Mosvodokanal" water according to the corresponding tariffs. The volume of water use licensing does not provide a similar article in the chapter on participants in water relations.
3. Publications - the Russian Federation, the subjects of the Russian Federation (region, the region, etc.) and municipalities (municipal regions, urban districts, city and rural settlements) - participate in water relations much more diverse individuals. The Russian Federation participates in them by making and changing acts of water legislation, as the owner of the water bodies, the "state manager" by water bodies by establishing water tax, maintaining the GVR, etc., "Arbitrator" in resolving disputes related to the use of water bodies. Accordingly, the Russian Federation can participate in such relations through various bodies (legislative, executive and judicial) and their officials.
RF participates in water relations through federal departments, subjects of the Russian Federation - through the formed ov Municipalities - through the MSMs formed by them and their officials. Public education authorities for participation in such relations can create legal entities - unitary enterprises or institutions.
OMS can endure the Federal Law or the laws of the subjects of the Russian Federation with state authority to participate in water relations on the basis of Article 132 (part 2) of the Constitution.
Chapter 2. Ownership and other rights to water bodies
Article 8. Ownership of water bodies
Comment on Article 8
1. Article 8 of VC admits the diversity of ownership forms only on some artificial water objects - a pond or a waterproof quarry, and in the singular. This means that, for example, a pond having a "water" (hydraulic) connection with another pond or a water object cannot be in private ownership. At the same time, two or more isolated ponds and flooded quarries located on different land plots can be owned by one person, or on one land plot, if there is no hydraulic connection between the ponds and flood careers. Article 8 of VK The ability to find various water bodies from different owners is fully consistent with the Constitution, according to which "natural resources can be in private, state, municipal and other forms of ownership" (Part 2 of Article 8).
The ability to find ponds and flooded quarries from various owners means the admissibility of establishing on individuals and the rights of federal property. The fewer owners are on water objects, the smaller they change the owner, the easier it is to carry out state control.
All other water bodies, except ponds and flooded quarries (rivers, reservoirs, etc.), can be located only in federal property, which means the prohibition of their privatization and purchase and sale. "An innovation in terms of assigning water bodies, with the exception of separate water bodies, to the property of the Russian Federation, was stated in an explanatory note to the VC project before it was submitted to the State Duma, - caused by the unrealizability of the norms provided for by the current version of the Water Code of the Russian Federation regarding the delimitation of rights. Ownership of water bodies between the Russian Federation and the constituent entities of the Russian Federation. This conclusion is based on the determination of the basin of the water site as a territory that includes the waterborum areas of hydraulically linked reservoirs and watercourses, the main of which flows into the sea or lake. " The pool of the water object, characterized by the signs described, is, as a rule, in the territory of several subjects of the Russian Federation and in accordance with the legislation should be attributed to federal property. Except from general rules There are few water bodies in Primorsky Krai, Krasnodar Territory, Chukchi autonomous District, Sakhalin, Kamchatka regions and a number of other subjects of the Russian Federation, in the territory of which small rivers flowing into the sea, whose pools are fully located within the territory of the relevant subject of the Russian Federation.
Thus, in fact, most water facilities forming states of water resources are located and were owned by the Russian Federation. Nevertheless, in accordance with the Federal budget of the Federal budget in 2002-2004, 100 percent of the use of water bodies was credited to the budget revenues of the constituent entities of the Russian Federation. Only since 2005, in connection with the introduction of the head of the NK "Water Tax", he began to fully enter the federal budget.
In the financial and economic justification, the project of the WCs was indicated that in accordance with Article 125 VK-95, the board sent to the restoration and protection of water facilities entering the budgets of the subjects of the Russian Federation should be used to finance measures for the rational use, restoration and protection of water bodies . Thus, it was envisaged to the active participation of the subjects of the Russian Federation in financing these events. However, in 2002, of payments received to the consolidated budget for the use of water bodies in the amount of 6.9 billion rubles, the subjects of the Russian Federation were spent on the facilities of the water management of 1.32 billion rubles. In 2003, 10.9 billion rubles for the use of water bodies were collected in the consolidated budget, which is 1.6 times more than in 2002, however, the costs of the subjects of the Russian Federation to these goals amounted to about 1.42 billion rubles.
Based on the above, Article 8 of VC secured mainly federal property on various water bodies. This means that if before January 1, 2007, the ownership of the subject of the Russian Federation, municipal or private ownership was registered on water bodies, except for the pond or a waterfront career, then they are subject to compulsory alienation into federal property on the basis of Article 238 of the Civil Code, in accordance with which , "If, on the grounds permitted by the law, the property turned out to be the property, which, by virtue of the law, cannot belong to him, this property should be alienated by the owner during the year." IN otherwise The water facility by a court decision made on the statement of the state body or the OMS is subject to forced transfer to federal property with the reimbursement of the former owner of its value determined by the court. At the same time, the cost of alienation of the water object is deducted.
2. Commented VC, allowing private ownership of only ponds and flooded quarries, to a greater extent than CK-95, limits private property to water bodies. Article 34 VK-95 admitted private ownership of any "separate water bodies", which include not only ponds and waterproof careers, but also, for example, non-flow lakes. The new VC does not allow this.
In this regard, it should be noted that VK-95 in relation to private ownership of separate water objects contained contradictory provisions. On the one hand, he allowed them to find them in private property (Article 34) and the transition from one person to another (part of the third article 22); On the other hand, it forbade any transactions with them, "who entail or may entail the alienation of water bodies" (part of the second article 22), including their alienation from private ownership of the state or transfer of a small water to inheritance permitted .
In essence, VK-95 "reconciled" with the transfer of a water object from state ownership to private, but it limited it in every possible way, until the exclusion from the empower the owner of the order "its" water object. In the commentated VK, this obvious blockage is not reproduced.
3. How to determine the possibility of finding a water facility on the right of ownership of a person if the origin of the water facility is natural or artificial - it is not known; or there is no clarity, whether an artificial water object is a pond or a waterproof career, which can be in the private, municipal ownership or property of the subject of the Russian Federation; either a reservoir or lake, which can only be in federal property? VC does not answer this question. Therefore, it will be required or an addition to its respective provisions based on the definition of each water object (see Comment on Article 5 of VC); Either - before making these additions - recognition of the water object by a pond or by the waterproof quarry by the decision of the authorized body of the Directory of the Russian Federation. Article 25 VC, establishing the powers of the EGM of the subjects of the Russian Federation, does not provide such authority. But in this case, the adoption of these decisions will be founded directly to the Constitution (paragraph "to" part 1 of article 72), which relates water and land legislation to the joint venture of the Russian Federation and its subjects, as well as on the legal position of the Constitutional Court of the Russian Federation, expressed in the decision of 1 February 1996 N 3-P and confirmed in the decision of July 9, 2002 N 12-P, which has a direct action and a general binding nature, according to which "the absence of the relevant federal Law on joint management in itself does not in itself impede the subject of the Russian Federation to adopt its own regulatory act, which, after the adoption of the federal law, should be brought into line with him. "But the subject of the Russian Federation is not entitled to declare land plots with water bodies on its territory with its property (as it It was repeatedly done until the 2000s), since this is contrary to the legal position of the Constitutional Court, expressed in the decision of June 7, 2000 N 10-p.
Attitudes the water bodies to the ponds and the waterproof careers of the Solutions of the Commissioners of the EGMs of the Russian Federation does not interfere with the Federal Law of December 18, 1997 N 152-FZ "On the names of geographic objects". It refers to the geographical objects of the river, lakes, glaciers and other natural objects. Meanwhile, ponds and flooded careers are not natural (natural), but artificial water bodies. Therefore, on their names and renaming FZ "On the names of geographic objects" does not apply. It hinders the EGB of the subjects of the Russian Federation to rename only natural natural aquatic facilities: the sea, rivers, lakes, streams, glaciers, snowflakes, swamps, underground water bodies.
Since the names of the geographical objects are managed by the Russian Federation (paragraph "R" of Article 71 of the Constitution), the Federal Law "On the Names of Geographical Objects" does not include the legislation on the names of geographical objects regulatory acts of the constituent entities of the Russian Federation. They can only offer them to rename them subject to the following conditions:
The existing names of geographic objects should be detected in accordance with the data of official cartographic and reference publications and other sources, through the survey of the population of the relevant territories, as well as polls and other specialists;
The name assigned to the geographical object should reflect the most characteristic signs of a geographic object, the area in which this object is located, or the peculiarities of the life and activities of the population of the relevant territory, consist of no more than three words, naturally fit into the already existing system of names of geographical objects;
Renaming geographic objects is made to return to them the items widely known in the past and present.
The final decision on renaming the natural water object is authorized to accept Foiv. Currently, the consideration of proposals for the renaming of geographic sites is assigned to the powers of the Federal Survey and Cartography (Government Decision of May 20, 1999 N 554). The arbitrary replacement of some names of geographic objects is not allowed (Article 11 of the FZ "On the names of geographic objects").
Earlier, Article 40 VK-95 established that the limit sizes of separate water bodies that could be in private ownership should be established by the Land Legislation of the Russian Federation. Obviously, in VK-95, there was a new land code of the Russian Federation. But for 10 years, the AC-95 actions with such an establishment of federal land legislation, including the CC adopted in 2001, did not establish such dimensions. Perhaps because such a position should be contained in the act not land, but water legislation. The State Duma may adopt the FZ establishing maximum dimensions Ponds and flooded quarries that can be in the private, municipal property or property of the subject of the Russian Federation.
4. In accordance with the Federal Law of April 17, 2006, N 53-FZ, which has entered into force on July 1, 2006, published by the Government until July 1, 2006 acts on the approval of land plots, which, respectively, in the Russian Federation, the subjects of the Russian Federation and municipalities The right of ownership occurs when distinguishing state ownership of land, are the grounds for state registration of the right of ownership of the Russian Federation, the subjects of the Russian Federation and municipalities for such land plots (for the subjects of the Russian Federation and municipalities - if there is a pond or a waterproof quarry on the land plot). However, the lack of state registration of ownership of land plots, state ownership of which is not demarcated, is not an obstacle to the disposal of them. The disposal of such land plots is carried out by the Municipal districts, urban districts. In Moscow, St. Petersburg and the capitals of the subjects of the Russian Federation, such a right is provided to the executive authorities of the constituent entities of the Russian Federation.
State registration of the right of ownership of the Russian Federation, the subject of the Russian Federation or the municipality to the land plot when the state ownership of state ownership is carried out on the basis of the statement of the executive OGM or OMS or the person acting on their behalf. The statement indicates the basis of the occurrence of the right of ownership of the Russian Federation, the subject of the Russian Federation or the municipality to the land plot (with a water object). The list of documents necessary for state registration of the right of ownership of the Russian Federation, the subject of the Russian Federation or the municipality to the land plot when the state ownership of state is approved by the Government Decree of June 30, 2006 N 404.
In determining among public entities - the Russian Federation, the subject of the Russian Federation, the municipal district, the urban district, urban or rural settlement - the owner of the pond or the waterproof career, it is also necessary to be guided by article 7 of the Introductory Law (see Comment on It).
5. Water facilities in state or municipal property are usually publicly available. However, the pond or a waterproof quarry specially accepted solutions can be removed from publicly available and "alienate in accordance with civil law and land legislation" (part 4 of article 8 of VC), that is, to privatize together with the land plot on which it is located. The features of such an alienation themselves are not established.
FZ "On the privatization of state and municipal property" as the main act of civil law regulating privatization establishes that its effect does not apply to the privatization of the Earth and natural resources, to land plots as part of ZVF (paragraph 2 of Article 3, paragraph 8 of Article 28). Therefore, privatization (alienation from the state or municipal property) of land plots with ponds and flooded careers should be carried out in accordance with land legislation.
In accordance with the ZK, the provision of land plots (with ponds and water-dressed careers), which are in state or municipal property, to the property of citizens and legal entities (including foreign) is carried out for the fee; free - only in cases directly provided by the Federal Law and the laws of the subjects of the Russian Federation. The exclusive right to privatize land regulations or the acquisition of land lease rights have citizens and legal entities - the owners of buildings, buildings, structures at such sites (with ponds or waterproof quarries), that is, registered their own ownership in accordance with the FZ on registration. To acquire rights to the land plot, you must contact the authorized body with a statement and the application of its cadastral map (plan); In the absence of a cadastral map (plan), it is made at the expense of an interested party. After that, the authorized body determines the price of the land plot (with a pond or by the waterproof quarry) and directs the applicant a draft contract of its purchase and sale. The authorized body may decide on the sale of a plot (with a pond or a waterproof quarry) at the auction (Articles 28, 34, 36 and 38 ZK).
