Coastline 20 meters. Water Objects
Surface water facilities in state or municipal property are water bodies, that is, publicly available water bodies, unless otherwise provided by this Code.
Each citizen has the right to access water utilities and free to use them for personal and domestic needs, unless otherwise provided by this Code, others federal laws.
Using water objects General use is carried out in accordance with the rules for the protection of people's life in water bodies approved in the manner determined by the authorized federal executive body, as well as on the basis of the rules of use of water bodies established by local authorities for personal and domestic needs.
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.
Information on the restriction of water use on 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.
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.
Coastline of swamps, glaciers, snowflates, natural outlets underground water (springs, geysers) and other water objects provided by federal laws are not determined.
Every citizen has the right to use (without using mechanical vehicles) coastal stripe Water facilities of general use for movement and stay near them, including for the implementation of amateur and sports fisheries and the moisters of floating funds.
Rivers and reservoirs are one of the main natural wealth of our country. And for many - the only
Silev and a place where you can "recharge the batteries" after a long working week in the city. However, such places consistently attracted to themselves and the attention of representatives of big business, who are trying by all truths and inconsistencies to obtain land plots in private property, to burn out a high fence and feel like "owners of life."
Unfortunately, the case described is far from uncommon, however, the current legislation provides for various legal levers of impact on such violators. First of all, these are the norms of the Water Code of the Russian Federation, in which it is clearly enshrined that "every citizen have the right to have access to public water facilities And for free to use them for personal and domestic needs "(paragraph 2 of Article 6). But what is understood in this case under "access" and "use"? In the Code itself there is a decoding: "Every citizen have the right to use (Without the use of mechanical vehicles) by the coastal strip of public facilities for movement and stay near them, including for the implementation of amateur and sports fisheries and the moisters of floating funds. " That is, any of us the law is granted the right to come to a favorite river and swim in it, regardless of who and what structures are trying to build on her shore.
The width of the coastal strip, which is given to the "general use" is also regulated: twenty meters For rivers, the length of which from the source to the mouth is more than ten kilometers and five meters For shorter (paragraph 6 of Article 6 of the Water Code). Not that very much, but in order to relax on the sandy day, it is quite enough.
So, we understood our rights, came to the river, but I was surprised to find that at the time of its length there was a high fence, I did not allow it to approach it or drive. This is already a more refining case that will require quite serious legal work. To begin with, we understand the main thing - no one can not be deprived of access to water resources. Now we'll figure it out in the mechanism of combating high fences.
Civil law provides for such a type of restriction of the rights of owners as a "servitude" or "the right of limited use of a stranger land plot" (Article 274 of the Civil Code). In other words, in some cases of the owner land plot You can oblige not to hinder the passage or passing other persons through its object of private property. In this case To the Water Object of General and its coastal strip It is clearly indicated by the Land Code as one of the grounds for establishing a public servitude (article 23).
What do you need to do to arise such a public servitude? Depending on the status of the river, it can be established both at the level of the federal government, as well as by adopting the act of local self-government. However, without your personal initiative, it is unlikely to occur, it will be necessary to appeal (preferably collective) from persons who want to use servitude, after which public hearings will be held on this issue on which the final decision will be made. Well, in the event of a refusal of the administration, establish a servitude or in general to consider your appeal always remains the opportunity to appeal such actions in judicial order. True, in this case you will need to be patient and apply for the services of a professional lawyer.
Of course, a public servitude - a phenomenon in the Russian legal system is extremely rare and even exotic, but nevertheless it can be used in the struggle for its environmental rights.
You can read more about other mechanisms for protecting environmental rights in the manual "How to protect your Ecoprava: a practical allowance for beginner activists."
We also recommend the site of one of the Russian public movements, which is actively struggling with the seizure of the shores - the movement "Open Bank", http://openbereg.ru.
On the site, in particular, you will find the section "How to deal with the capture of the shore" containing, among other recommendations, a sample letter to the prosecutor's office and the section "Sample complaints".
Examples of successful cases of struggle against the searches of the coast - in the blog Arcadia Ivanova, the squad of the nature of nature of the MoscowSU: http://sinedra.livejournal.com/11257.html
The material was prepared by Kirill Zenchev, a lawyer of movement of EKA
art. 6 VC: Citizens can use water bodies in state and municipal property, without any permits, as well as coastal stripes (20 meters).
Article 6. Water objects common use
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. The use of public art facilities is carried out in accordance with the rules for the protection of people's life on water bodies approved in the manner determined 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 authorities for personal and domestic needs.
4. In total use of public areas, the fence (withdrawal) of water resources may be prohibited for the purposes of drinking and household water supply, swimming, the use of small vessels, water bikes and other technical means designed to relax on water bodies, water, and also installed Other prohibitions in cases provided by the legislation of the 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. The lane of the Earth along the coastline of the Water Object (coastline) is intended for general use. 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. The coastline of swamps, glaciers, snowflates, natural yields of groundwater (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.
The publicity of the water object does not mean permissiveness: after all, the water user should be guided by the rules for the protection of people's lives on water and the rules of using a water site for personal and domestic needs. According to media reports, in the swimming season and during winter fishing, the number of accidents is growing due to disregard from vacationers with elementary safety requirements on water.
The authorities may prohibit the water intake for drinking water, swimming, the use of recreational fundamental products (small vessels and water bikes), waterfront. When applying such prohibitions, the large anthropogenic load on watercourses and water bodies is often guided (albeit even recreational), as a result of which water can become unsuitable for food due to infection with pathogenic bacteria or contamination by chemicals. Moreover, the specified ban is aimed at preventing harm to the health of the population or pets, and in some cases (ban on the use of technical means) - to reduce the anthropogenic load on water or watercourses.
In turn, local governments through the media and special information marks on the shores of water bodies and watercourses provide the population with the necessary information about the restriction of water use. With recreational reservoirs, we have met inscriptions in the spirit: "Battery is prohibited" or "Dumping garbage is prohibited." Unfortunately, while many citizens lack a sense of responsibility to at least not block the shores and the water area with a broken glass and other garbage.
8. The provisions on the water bodies for personal and domestic needs are specified in the following standards. Any citizen has the right to use also the coastal strip of publicly available water bodies for movement and stay near them. Amateur and sports fisheries are allowed, the mooring of boats is allowed, only the use of mechanical vehicles is prohibited. At the same time, amateur and sports fisheries with all its recreational burden are governed by legislation on water bioresours.
Rights to water bodies
There are either by the decision of the OGM, OMS, or under the water use agreement. The decision on the provision of a water facility to use is accepted without trading.
The water use agreement on the legal entity is the lease agreement. By general rule These treaties are concluded by auction. Without trading, contracts are also concluded, for example, for water intake for the production of electricity.
In accordance with the Constitution of the Russian Federation, the state, municipal and private ownership of natural resources are recognized in the Russian Federation.
All water bodies on the territory of the country are state property (Art. 34, 35 VC of the Russian Federation).
Municipal and private property is allowed only for separate water bodies. A separate water object (closed with reservoir) is a small area and continuing artificial pond, having a hydraulic connection with other surface water bodies. The limit dimensions of these objects are determined by land law.
Separate water bodies belong to the right of ownership of municipalities (urban and rural settlements), citizens and legal entities. Relationships on their use and protection are governed by civil and land legislation and only in part, not resolved by them - water law.
Subjects of the right of state ownership are the Russian Federation and the subjects of the Russian Federation. The water facility cannot be located simultaneously owned by several subjects of the right of state ownership and is not subject to transfer to municipalities, citizens and legal entities (Art. 33, 35 VC of the Russian Federation).
On behalf of the Russian Federation and its subjects, the rights of the owner are carried out by the bodies of general and special competence - the executive authorities of the constituent entities of the Russian Federation and the management and protection authorities of the Water Fund - the Ministry natural resources RF and its territorial bodies.
The federal property is:
Surface and underground water bodies located on the territory of two or more subjects of the Russian Federation;
Water objects needed to ensure the needs of defense, security, federal transport, federal energy systems and other federal state needs;
Water objects that are particularly protected natural territories of federal significance;
Cross-border (border) water bodies;
Territorial sea of \u200b\u200bthe Russian Federation;
other water bodies in coordination with the subjects of the Russian Federation.
The right to dispose of water objects is significantly limited. Sale, pledge and committing other transactions that entail or may entail the alienation of water bodies, are not allowed. From one person to another, only the right to use water objects in cases and in the manner prescribed by law can be passed. Only separate water objects as belonging to land plots on which they are located can participate in civil circulation.
Persons who are not owners of water bodies may have the following types of rights to water bodies (Art. 41 VC of the Russian Federation):
The right of long-term use;
The right of short-term use;
The right of limited use (water servitude).
The short-term and long-term use of water property in state ownership is provided.
Water servitude is the right to use the water object for a specific purpose: water intake without the use of technical facilities, waterproof and speed of livestock, the use of water bodies as waterways for ferries, boats and other small swimming facilities, etc. (art. 43, 44 VK RF).
Water servility can be public and private.
Public servitude means that any person can enjoy publicly available water bodies. If the rights of persons who are provided with long-term or short-term use are limited in favor of other interested parties, then there is a private water servitude.
Public water servitude arises directly from the law (Water Code of the Russian Federation) and essentially the right of general nature management implemented in relation to water bodies ..
The delimitation of powers between the federation and its subjects in the field of water relations and environmental protection is determined by water law, and if necessary, contracts are concluded in accordance with it (see the topic II of the textbook). The Russian Federation establishes state ownership of water bodies, which may be federal or subject subject.
Municipal and private property is allowed only for separate water bodies. Changing the river bed or other change in the location of the water object does not entail changes the form and type of property to the water object. In municipal property - urban and rural settlements, other municipalities - are water intended for local, municipal needs; They manage local governments.
Water user-citizen can use water bodies for their own needs freely without harm environment. For the implementation of entrepreneurial activities, a citizen, as well as water user, a legal entity has the right to use water bodies only after receiving the license. The right to receive a license arises from a citizen with the onset of the age of majority, i.e., at the age of 18 years, and a legal entity - from the moment of its state registration.
Each can use the water bodies and other water objects, unless otherwise provided by law (public water servitude). Due to the contract or judicial decision to the right of persons with which water facilities are provided for long-term or short-term use, may be limited in favor of interested persons (private water servitude). Water servility can be installed in order to fence water, water and wheelchair, the use of waterways for ferries, boats, other small swimming facilities, ensuring environmental needs.
Water use license is an act of a specially authorized state body of the use and protection of the water fund, recognizing the basis of the occurrence of water use. Depending on the methods and objectives of water use, information about water bodies, water users and water consumables, indication of spatial boundaries and places of fence or discharge of water, information about water use limits and water user liabilities with respect to water consumables, requirements for rational use, the protection of water bodies and the environment.
