About Land Reclamation

Original Language Title: О мелиорации земель

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Russian Federation Land Reclamation adopted by the State Duma on December 8, 1995 dated 10.01.2003 N 15-FZ; of 22.08.2004 N 122-FZ; of 18.12.2006 N 232-FZ; 26.06.2007 N 118-FZ; dated 13.05.2008 N 66-FZ; of 14.07.2008 N 118-FZ; dated 30.12.2008. N 309-FZ; , 28.11.2011 N 337-FZ; of 14.10.2014 N 307-FZ; , 31.12.2014 N 499-FZ) This federal law establishes the legal basis for land reclamation activities, determines the powers of the state authorities, local governments for regulation The activities and rights and duties of citizens (individuals) and legal entities carrying out activities in the area of land reclamation and ensuring the effective use and protection of reclaimed land. Chapter I. General Article 1. Land reclamation tasks Reclamation of land is carried out in order to improve the productivity and sustainability of agriculture, guarantee production of agricultural products through conservation and improvement of fertility Land, as well as the creation of the necessary conditions for the involvement of unused and unproductive land in agricultural trade and the formation of a rational structure of land. Article 2. Basic concepts This Federal Act uses the following basic concepts: Reclamation of lands-native land improvement through hydrotechnical, cultural, chemical, anti-erosion, agroforestry, agro-technical and other land reclamation activities; melioration activities-design, construction, operation and renovation of reclamation systems and separately located hydro-technical installations, overgrazing, system development Protection of forest plantations, carrying out of cultural works, improvement of chemical and physical properties of the soil, scientific and technological provision of these works; earth-earth and insufficient land whose fertility is improved by revegetative activities; reclaimed land-land with melioration activities; meliorative systems-complexes of interconnected hydro-technical and other structures and devices (canals, manifoles, pipelines, Reservoirs, dams, dams, pumping stations, pumping stations, other structures and devices on the maelorated lands), which provide for the creation of optimal water, air, thermal and nutrient regimes of soil on meliorated lands; State reclaimed systems-reclamation systems that are publicly owned and that provide interregional and/or cross-economic water distribution and anti-flood protection, as well as anti-erosion and herbard forested stands, which are necessary for the provision of of public needs; meliorative systems of general use-reclamation systems that are in common ownership of two or more persons or transferred in accordance with established procedure for the use of several citizens (natural persons) and (or) legal entities, as well as protective forest stands, necessary for the needs of these persons; meliorative systems of individual use-the reclamation systems owned by a citizen (natural person); or or transferred in accordance with the established procedure a citizen (natural person) or legal person, as well as protective forested stands, required by the designated persons only for their needs; Reclamation systems that provide regulation, lift, supply, water distribution to consumers, drainage of water from melioration systems, protection of soils from water erosion, anti-sturgeon and anti-landslide protection. Article 3. OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION The generally recognized principles and rules of international law and the international treaties of the Russian Federation in the field of land reclamation are in accordance with the Constitution of the Russian Federation as an integral part of the legal system of the Russian Federation. THE RUSSIAN FEDERATION If an international treaty of the Russian Federation sets out rules other than those provided for in the legislation of the Russian Federation in the area of land reclamation, the rules of the international treaty shall apply. Article 4. Relations regulated by law of the Russian Federation in the field of land reclamation Russian Federation legislation on land reclamation controls the relationships that arise in the process of implementation Reclamation activities on agricultural land or on land for agricultural production. Relationships that arise in the process of melioration on land on which forestry is carried out and on other lands, with the exception of agricultural land, are governed by the present Federal Act to the extent that this does not conflict with the forestry and land legislation of the Russian Federation. Relationships that arise in the use of agricultural land, land of forest fund, land of water fund, are regulated by this Federal Law in accordance with land, water, forestry legislation OF THE PRESIDENT OF THE RUSSIAN FEDERATION (In the wording of Federal Law of 30.12.2008) N 309-FZ) Property and administrative relations arising in the area of land reclamation are regulated by this Federal Law in accordance with the civil and administrative legislation of the Russian Federation. Chapter II: Land Reclamation Types and Types Article 5. Types and types of land reclamation Depending on the nature of land reclamation, the following types of land reclamation: reclamation; agroforestry; Chemical Melioration. The Land Reclamation of Lands is established by this Federal Act as part of separate types of land reclamation. Article 6. Land Reclamation Land Reclamation of Land is to undertake a series of melioration activities that provide for the fundamental improvement of wetlands, wetlands, arid, erodized, washed and other lands, status that depend on the impact of water. Land Reclamation aims to regulate water, air, thermal and nutritious soil conditions on the reclaimed lands through measures for the recovery, supply, distribution and drainage of water through melioration systems as well as isolated hydraulic structures. This type of land reclamation includes irrigation, drainage, anti-flood, anti-octopia, anti-erosion, anti-landslide, and other types of land reclamation. Article 7. Land Reclamation of Land Agro-forestry Land Reclamation " Land Reclamation consists of a set of melioration activities that ensure the fundamental improvement of land through the use of soil protection, water and other properties of protective forests. Deposition. This type of land reclamation includes the following types of land reclamation: Anti-erosion-protection of land from erosion by creating forest plantations on ravine, beams, sands, rivers and other territories; polemics-protection of lands from the effects of adverse phenomena of natural, anthropogenic and technogenic origin by creating protective forest stands at the borders of agricultural land; B&B&P; -prevention of land degradation of grasslands through protective measures Forest plantations. Article 8. Culturating Land Reclamation The Land Reclamation of Lands is composed of a series of melioration activities for indigenous land improvement. This land reclamation type is subdivided into the following types of land reclamation: clearing meliorated lands from woody and grassy vegetation, skin, and moss; clearing meliorated lands from stones and other items; meliorating salons; songing, songing, gliding, land surveying, plantation and primary soil treatment; other cultural works. Article 9. The chemical reclamation of the land: The chemical reclamation of land consists of a set of melioration activities to improve the chemical and physical properties of the soil. Chemical land reclamation includes soil liming, soil phosphates and soil plaster. Chapter III: Ownership of reclaimed systems and separately located hydraulic structures Article 10. Forms of ownership of reclaimed systems and separate hydraulic structures The legislation of the Russian Federation may be in private, State, municipal and other forms of ownership. Article 11. The right to state ownership of reclaimed systems and separately hydro-technical installations State reclamation systems and isolated hydro-technical installations may belong to the Russian Federation (hereinafter referred to as federal property) and to the right of ownership to the constituent entity of the Russian Federation (hereinafter referred to as the property of the constituent entity of the Russian Federation). The federal property includes state melioration systems and isolated hydraulic structures located on the territory of one or more constituent entities of the Russian Federation Inter-regional and (or) inter-economic water distribution and the federal budget (under construction), as well as those used for the exercise of the powers of the Russian Federation set out in this Federal Act. The property of the constituent entities of the Russian Federation includes state melioration systems and separate hydro-technical installations other than federal property to municipal property, as well as to The property of citizens (natural persons) and legal entities. The introduction of state reclamation systems and isolated hydraulic engineering structures to the federal property and property of the constituent entities of the Russian Federation shall be carried out in accordance with the procedure established by law. of the Russian Federation. State melioration systems and publicly owned properties of separate hydraulic structures, facilities and other property of the management organizations of the and The holding of measures to control the state of the blizzed land cannot be transferred to the property of citizens (natural persons) and legal entities. In the wording of the Federal Law of 14.10.2014 N 307-FZ) Article 12. The right to municipal ownership of reclaimed systems and separately hydro-technical installations Reclamation systems and isolated hydraulic structures of the right The ownership of urban and rural settlements, as well as other municipalities, are municipal property. Article 13. The right to property of citizens (natural persons) and legal entities on land reclamation systems and separate hydraulic structures The property of citizens (natural persons) and legal persons can There is a land reclamation system for general use and the reclamation of individual use systems and separate hydro-technical installations. The reclamation systems and separately located hydraulic structures owned by two or more persons belong to them in the right of common ownership. Chapter IV: OF THE PRESIDENT OF THE RUSSIAN FEDERATION The power of the Russian Federation in the area of land reclamation of the Russian Federation in the area of land reclamation includes: State policy on land reclamation; (Paragraph is no-valid-Federal Law of 22.08.2004) N 122-FZ ) ownership, use, disposal and management of federal state reclamation systems and separately located hydraulic structures; Reclamation of land (meliorative activities) provided by state meliorating systems and separately located hydraulic structures; determining in of the Federal Executive authorities exercising public policy and regulatory functions in the field of agro-industrial complex, including land reclamation, and the federal executive authority exercising the functions of providing State services, management of state property in the field of agro-industrial complex, including land reclamation; (In the wording of the Federal Law of 22.08.2004 N 122-FZ ) approval and implementation of federal land reclamation and monitoring programmes; approval of standards, norms and regulations for land reclamation; (Paragraph is no. = Federal Law of 22.08.2004) N 122-FZ (Paragraph was lost by Federal Law of 22.08.2004). N 122-FZ (Paragraph was lost by Federal Law of 22.08.2004). N 122-FZ (Paragraph was lost by Federal Law of 22.08.2004). N 122-FZ ) carried out activities to monitor the state of the land under the control of the state land under the laws of the Russian Federation. (The paragraph is amended by the Federal Law of 14.10.2014). N 307-FZ) Article 15. The powers of the constituent entities of the Russian Federation in the area of land reclamation The powers of the constituent entities of the Russian Federation in the area of land reclamation include: Ownership, Use, Administration and Management of the constituent entities of the Russian Federation by state reclamation systems and separately located hydraulic structures; development and adoption in accordance with federal laws and other regulations of the Russian Federation land; financing of land reclamation (melioration activities), provided by state melioration systems owned by the constituent entities of the Russian Federation and participation in the financing of land reclamation (melioration activities), provided by state reclamation systems and separately located hydraulic structures; development, approval and implementation of regional (territorial) land reclamation and monitoring programmes; (Paragraph 6 is no longer valid-Federal Law from 14.07.2008 N 118-FZ) other powers not assigned to the powers of the Russian Federation. Article 16. The powers of local self-government bodies in the area of land reclamation Local self-government bodies under the Constitution of the Russian Federation and federal laws may exercise the following powers in the field of land reclamation. Land reclamation: ownership, use and disposal of reclaimed systems and isolated hydraulic structures in municipal ownership; Land reclamation in the respective territories; (In the wording of Federal Law of 30.12.2008) N 309-FZ) (Paragraph was lost by Federal Law of 18.12.2006). N 232-FZ Coordination and regulation within the limits of its competence for the activities of citizens (natural persons) and legal persons in the area of land reclamation. Chapter V. State Management in the Area Land Reclamation Article 17. The President of the Russian Federation, the Government of the Russian Federation and the executive bodies of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION Land reclamation. (In the wording of Federal Law of 22.08.2004) N 122-FZ (Part of the loss of power-Federal Law of 22.08.2004) N 122-FZ (Part of the loss of power-Federal Law of 22.08.2004) N 122-FZ Position of the Federal Executive Committee, which exercises public policy and regulatory functions in the area of agro-industrial complex The Land Reclamation, as well as the federal executive authority exercising public services, management of State property in the field of agro-industrial complex, including land reclamation, is approved The Government of the Russian Federation Federal Law of 22.08.2004 N 122-FZ) Article 18. { \cs6\f1\cf6\lang1024 } Principal { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } Principal { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 of the Russian Federation in the area of land reclamation of lands (In the wording of Federal Law of 22.08.2004) In the area of land reclamation, the main activities of the federal executive bodies and the executive authorities of the constituent entities of the Russian Federation in the area of land reclamation are: In the wording of the federal laws of 22.08.2004, N 122-FZ; of 14.10.2014 N 307-FZ development and implementation of federal and regional (territorial) land reclamation programmes; land reclamation financing organization; State reclamation systems and public property of separately located hydraulic structures; (Paragraph 5 is no more effective-Federal Law from 14 July 2008 N 118-FZ ) pportization of reclaimed systems and isolated hydraulic structures; organizing and monitoring reclaimed land; norms and regulations in the area of land reclamation; organization and financing of research and development in the area of land reclamation; and selected documentation for the The hydraulic structures are located; (In the wording of Federal Law of 18 December 2006) N 232-FZ) Holding of measures to control the state of the land under the state land supervision in accordance with the legislation of the Russian Federation; Federal Law of 14.10.2014 N 307-FL) other activities defined in the legislation of the Russian Federation. Article 19. (Spconsumed by Federal Law of 13.05.2008) N 66-FZ) Article 20. The reclamation of the reclamation systems and the separately hydro-technical installations Reclamation systems and separately located hydraulic structures are subject to passportatization. When carrying out passporting activities for the reclamation system and for every hydraulic structure that is or is not part of the reclaimed system, a passport containing information about the technical characteristics and state of the system, respectively, shall be produced The reclamation system and the hydraulic structure. The procedure for carrying out the certification of melioration systems and hydraulic structures is established by the federal executive body responsible for the development of public policy and Regulatory and legal regulation in the field of agro-industrial complex, including land reclamation. (In the wording of Federal Law of 22.08.2004 N 122-FZ) Article 21. State monitoring of the managed lands State land monitoring of blizzed land is an integral part of State land monitoring and is a system of state monitoring The land is maligered. On the basis of these observations, changes in the condition of the blizzed land are identified and the changes are evaluated. State monitoring of maliorated lands is all the blandered lands in the Russian Federation. (Article in the wording of Federal Law 26.06.2007 N 118-FZ) Article 22. (Deleted-Federal Law of 10.01.2003) N 15-FZ) Article 23. Project Documentation meliorative systems and separate hydraulic structures (In the wording of Federal Law from 28.11.2011 N 337-FZ) Project records of reclaimed systems and isolated hydraulic structures are subject to the law of the Russian Federation. The Federation for Urban Development Activities. (In the wording of Federal Law No. N 232-FZ; of 28.11.2011 N 337-FZ Chapter VI. Land Reclamation Procedures Article 24. Land Reclamation Planning Land Reclamation Planning is carried out by the federal executive branch, which performs the functions of providing public services and managing state property in the sphere Agro-industry, including land reclamation, in accordance with federal and regional (territorial) programmes on land reclamation, as well as on the orders of owners, owners and users of land plots. (In the wording of Federal Law of 22.08.2004) N 122-FZ ) In federal and regional (territorial) land reclamation programmes, priority is given to certain types of land reclamation, depending on natural and climatic characteristics and the needs of the agricultural sector. In the planning of land reclamation for owners, owners and users of land, the types and extent of application of land reclamation are determined on the basis of standards, norms and regulations. Article 25. Land reclamation The Land Reclamation of Lands is carried out on the basis of projects developed in accordance with feasibility studies and taking into account construction, environmental, sanitary and other standards, norms and regulations. Land reclamation projects are established, harmonized and approved by the federal executive body responsible for public policy and regulatory functions. Management in the field of agro-industrial complex, including land reclamation. (In the wording of Federal Law of 22 August 2004). N 122-FZ (Deleted-Federal Law of 10.01.2003) N 15-FZ) Design and construction of reclaimed systems that use water bodies are implemented according to water legislation. (B the wording of the Federal Law No. N 118-FZ) The agroforestry of land is carried out in accordance with this Federal Law and Forest Law of the Russian Federation. (Parts 4 and 5 are considered respectively In the third and fourth parts, the Federal Law of 10 January 2003. N 15-FZ) Article 26. The procedure for the use of land for the land reclamation activities The land areas classified in the prescribed manner for the reclaimed lands shall be provided for reclamation activities in the order of the land. In the wording of the Federal Law of the Russian Federation, No. N 499-FZ) Land, which is in state or municipal ownership and where state reclamation systems or municipal property are located Reclamation systems and State or municipal ownership of separate hydro-technical installations are provided to organizations operating the specified systems and facilities, in accordance with OF THE PRESIDENT OF THE RUSSIAN FEDERATION (In the wording of Federal Law of 26.06.2007) N 118-FZ Land areas that border the areas of reclaimed land can be used to ensure the reclamation of land to the right of restricted use of the land (easements) in the land OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 27. Reclamation of meliorative systems, separate hydrotechnical structures and protective forests Reclamation of reclamation systems, separately located hydrotechnical The construction and protection of forest stands shall be conducted in accordance with the procedure established by the federal executive authority, which exercises the functions of formulating public policy and regulatory and regulatory functions in the sphere agro-industrial complex, including land reclamation. (In the wording of Federal Law of 22.08.2004) N 122-FZ) Article 28. Provision to citizens (individuals) of ownership, possession and use of meliorated lands Giving citizens (natural persons) ownership, possession and use of land The boundaries of the land reclamation system may be subject to the operation of the facilities and devices of the system, which are common to several citizens (natural persons). When distributing between citizens (individuals) of reclaimed land within the boundaries of the reclaimed public system, these persons are obliged to maintain and repair the specified reclamation system on a fractional basis. proportional to the amount of water supply or area of the drainage area, with the conclusion of relevant contracts and the involvement (or creation) of specialized organizations in the area of land reclamation. Article 29. Maintenance of melioration systems, separate hydrotechnical installations and protected forest plantations Citizens (natural persons) and legal entities that operate the reclamation system, separately located hydraulic structures and protective forest stands, are required to maintain the specified objects in proper condition and to take measures to prevent damage. Rules for the operation of meliorative systems and isolated hydraulic structures, as well as rules for the maintenance of protective stands, are established by the federal executive authority implementing The functions of formulating public policy and regulatory and legal regulation in the area of agro-industrial complex, including reclamation, in consultation with interested federal executive authorities and other state bodies. (...) (...) N 122-FZ) Maintenance in proper (proper) state of reclamation systems, isolated hydro-technical installations and protective forest areas are organized in relation to: Systems and state property of separate hydro-technical installations and protective forests-the federal executive body performing public services functions, Management of State Property in Agro-industry OF THE PRESIDENT OF THE RUSSIAN FEDERATION target="contents "title=" "> of 22.08.2004 N 122-FZ ) reclamation systems, separately located hydraulic structures and protected forest plantations, local self-governments; (a) The use of the property of a person or of a person or of a person who is a member of the State. The rules for the operation of melioration systems and isolated hydraulic structures, as well as rules for the maintenance of protective forest plantations, are mandatory for all citizens (natural persons) and legal persons. Article 30. Protection of melioration systems, separate hydrotechnical installations and protective forest stands Building on meliorated (meliorated) land and other works, not for land reclamation, should not degrade the water, air and nutritional state of soils on reclaimed (meloriated) lands, and prevent the operation of melioration systems, which are separate from hydrotechnical systems. and safeguard forest stands. Any activities on the meliorated (meliorated) lands shall be carried out in accordance with the requirements established by the federal executive authority responsible for the elaboration of the State Policies and regulations in the field of agro-industrial complex, including land reclamation. (In the wording of Federal Law of 22.08.2004 N 122-FZ ) The construction and operation of lines of communication, electricity, pipelines, roads and other objects on the meliorated lands shall be carried out in consultation with the organizations; Authorized by the federal executive body responsible for the provision of public services, management of State property in the field of agro-industrial complex, including the reclamation of the State and the relevant authorities OF THE PRESIDENT OF THE RUSSIAN FEDERATION (In the wording of Federal Law of 22.08.2004) N 122-FZ) Article 31. Transfer of meliorated lands to other land, removal of meliorated lands The conversion of mixed lands into other lands, the seizure of meliorated land is carried out in accordance with the land legislation of the Russian Federation THE RUSSIAN FEDERATION Article 32. Environmental requirements for the application of the melioration activities Reclamation should not lead to environmental degradation. (In the wording of Federal Law of 30.12.2008) N 309-F) Reclamation activities shall be carried out in accordance with the requirements of the land, water, forestry legislation of the Russian Federation, as well as the legislation of the Russian Federation on the protection of the environment, the subsoil, and the fauna of the world. (In the wording of Federal Law of 30.12.2008) N 309-F) Chapter VII. Land reclamation financing (Reclamation activities) Article 33. The basis of land reclamation financing (melioration) Land reclamation (land reclamation) is financed from the federal budget allocated to the federal authority The executive branch, which performs the functions of providing public services, management of state property in the sphere of agro-industrial complex, including land reclamation, the budgets of the constituent entities of the Russian Federation, and Owners, Owners and Users (c) Climitous (meliorated) land, bank loans and other sources not prohibited by law. (In the wording of Federal Law of 22.08.2004) N 122-FZ) Article 34. Land Reclamation (Reclamation Activities) from the Federal Budget { \cs6\f1\cf6\lang1024 < } { \cs6\f1\cf6\lang1024 < } < >. The property of state reclaimed systems and separately located hydraulic structures is carried out at the expense of the federal budget devoted to the development of agriculture. (In the wording of Federal Law of 22.08.2004) N 122-FZ) Article 35. OF THE PRESIDENT OF THE RUSSIAN FEDERATION (Territorial) Land Reclamation Programmes (Land Reclamation) financed land reclamation (melioration activities) with funds from the respective budgets of the constituent entities of the Russian Federation. Article 36. Financing of cultural and chemical reclamation of land Culturtechnical and chemical reclamation of land is financed from the federal budget, budgets of the constituent entities of the Russian Federation and funds Owners, owners and users of land plots. Article 37. Land Reclamation in Territories of the Radioactive Contamiated Land Reclamation of the Land of Radioactive Contamless Contamelioration of Natural and Natural Resources of a technological nature, is carried out at the expense of the federal budget. Chapter VIII. Settlement of land reclamation disputes land and liability for violation of Russian Federation law in the area of land reclamation Article 38. The resolution of land reclamation disputes Disputes arising between citizens (natural persons) and (or) legal persons in the area of land reclamation are resolved in accordance with the procedure established by the legislation of the Russian Federation. Article 39. The violation of the legislation of the Russian Federation in the area of land reclamation is responsible for the violation of the legislation of the Russian Federation in the area of land reclamation. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 40. Compensation for damages caused by the violationof theRussian Federation's land reclamation legislation Citizens (natural persons) and legal entities are obliged to pay damages, OF THE PRESIDENT OF THE RUSSIAN FEDERATION (In the wording of Federal Law of 26.06.2007) N 118-FZ) Chapter IX. Final provisions Article 41. The entry into force of this Federal Law is effective from the date of its official publication. Article 42. The regulation of the legal acts of the Russian Federation Government, laws and other normative legal acts of the constituent entities of the Russian Federation shall be brought into conformity with this Federal Law within three months from the date of its entry into force. President of the Russian Federation Yeltsin Moscow, Kremlin 10 January 1996 N 4-FZ