About Land Reclamation

Original Language Title: О мелиорации земель

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102039038

RUSSIAN FEDERATION federal law on land reclamation passed by the State Duma December 8, 1995 onwards (as amended by the federal laws from 01/10/2003 N 15-FL;
from 22/08/2004, no. 122-FZ; from 18.12.2006 y. N 232-FZ;
from 26.06.2007 N 118-FZ; from 13.05.2008 N 66-FZ;
from 10.09.2008 N 118-FZ; from 30.12.2008 N 309-FZ;
from 01.11.2011 N 337-FZ; from 14.10.2014 N 307-F3;
by 31.12.2014 N 499-FZ) this federal law establishes the legal framework for activities in the field of land reclamation, defines the powers of the organs of State power, local self-government bodies to regulate such activities, as well as the rights and duties of citizens (natural persons) and legal persons active in the field of land reclamation and to ensure the effective use and protection of reclaimed land.
Chapter i. General provisions article 1. The tasks of the land reclamation land reclamation is carried out in order to enhance the productivity and sustainability of agriculture, guarantee of agricultural production on the basis of maintaining and improving soil fertility, as well as creating the necessary conditions for engaging in agriculture and low productivity lands unused, and the formation of a rational structure of the land.
Article 2. Basic concepts in the present Federal law uses the following concepts: land reclamation-radical improvement of lands by conducting kul'turtehnicheskih, hydrotechnical engineering, chemicals, erosion, agroforestry, agricultural and other land reclamation activities;
reclamation activities-design, construction, operation and reconstruction of drainage systems and separately located hydrotechnical constructions, watering pastures, creating systems of protective forest plantations, conduct kul'turtehnicheskih works to improve the physical and chemical properties of soils, the scientific and technical maintenance of the specified works;
melioriruemye Earth-land, lack of fertility which is improved through the implementation of reclamation activities;
commercial-land reclamation activities carried out;
drainage systems-interrelated complexes hydrotechnical and other structures and devices (canals, sewers, pipelines, reservoirs, dams, dikes, pumping stations, water intakes, other structures and devices at the reclaimed land) that create the best water, air, heat and nutrient regimes in soils on the reclaimed lands;
public drainage systems-reclamation systems that are in State property and to ensure inter-regional and (or) intersectoral water allocation and conservation education in the protection, as well as erosion and pastbishhezashhitnye forest plantations, which are needed to ensure public needs;
drainage systems for general use-reclamation systems that are in common ownership of two or more persons or transferred in accordance with the established procedure in use several citizens (natural persons) and (or) legal entities, as well as protective forest plantations, necessary for the needs of these persons;
drainage systems for individual use-reclamation systems, owned by a citizen (individual) or legal person, or passed in the prescribed manner to the use of the citizen (physical person) or a legal person, as well as protective forest plantations required these persons to their needs;
separately located hydrotechnical constructions-engineering structures and devices that are not part of the reclamation systems providing management, recovery, supply, distribution of water users, water drainage using drainage systems, protection of the soil from water erosion, protivoselevuju and protivoopolznevuju protection.
Article 3. The legislation of the Russian Federation in the field of land reclamation legislation of the Russian Federation in the field of land reclamation consists of this federal law and adopted in accordance with the laws and other normative legal acts of the Russian Federation, as well as the laws and other normative legal acts of the constituent entities of the Russian Federation.
Universally recognized principles and norms of international law and international treaties of the Russian Federation in the field of land reclamation are in accordance with the Constitution of the Russian Federation form an integral part of the legal system of the Russian Federation.
If an international treaty of the Russian Federation stipulates other rules than those provided for by the legislation of the Russian Federation in the field of land reclamation, rules of the international treaty shall apply.
Article 4. Relations regulated by the legislation of the Russian Federation in the field of land reclamation legislation of the Russian Federation in the field of land reclamation regulates matters arising in the implementation of reclamation measures on agricultural lands and on lands intended for the implementation of agricultural production.

Relations arising in the implementation of reclamation measures on land subject to forest management, and on other lands, with the exception of agricultural lands are governed by this federal law to the extent not contrary to the forestry and land legislation of the Russian Federation.
Relations arising during the use of agricultural land, forest land, land of water fund, regulated by federal law in accordance with land, water, forest legislation of the Russian Federation and the legislation of the Russian Federation on environmental protection Wednesday. (As amended by federal law N 309-FZ) Property and administrative relations that arise in the field of land reclamation, regulated by federal law, in accordance with civil and administrative legislation of the Russian Federation.
Chapter II. Types and kinds of land reclamation, article 5. Types and kinds of land reclamation, depending on the nature of reclamation measures distinguish the following types of land reclamation: water conservation;
agroforestry;
kul'turtehnicheskaja reclamation;
chemical reclamation.
Composed of selected types of land reclamation this federal law establishes the types of land reclamation.
Article 6. Water conservation water conservation is a set of reclamation measures ensuring the radical improvement of waterlogged, too wet, the dry, eroded, eroded and other lands, which depends on exposure to water.
Water conservation is aimed at the regulation of water, air, heat and nutrient regimes in soils on effective land through the implementation of measures for the recovery of filing, distribution and diversion through drainage systems, as well as separately located hydrotechnical constructions.
This type of land reclamation include irrigation, drainage, flood, protivoselevaja, conservation, protivoopolznevaja and other kinds of amelioration of lands.
Article 7. Agroforestry Agroforestry land land is the set of reclamation measures, ensuring indigenous land improvements through the use of soil, water and other properties of protective forest plantations.
Reclamation of this type include the following types of land reclamation: conservation-protecting land from erosion through the establishment of forest plantations in the gullies, ravines, sand, riverbanks and other areas;
polezashhitnaja-land protection from adverse natural phenomena, man-made and technogenic origin by creating a protective forest plantations on the limits of the lands of agricultural purpose;
pastbishhezashhitnaja-prevention of land degradation of pastures by creating a protective forest plantations.
Article 8. Kul'turtehnicheskaja land Kul'turtehnicheskaja land reclamation is to provide a set of reclamation measures on indigenous land improvement.
This type of land reclamation is divided into the following types of land reclamation: effective land clearing of Woody and herbaceous vegetation, stumps of Moguls and MOSS;
effective clearing lands from stones and other objects;
reclamation processing alkalisoils;
loosening, sandblasting, clay into peat soil, zemlevanie, Plantage and primary tillage;
holding other kul'turtehnicheskih works.
Article 9. Chemical land reclamation Chemical land reclamation is to provide a set of reclamation measures on improvement of chemical and physical properties of soils. Chemical land reclamation includes liming soils, soil and soil gypsum on fosforitovanie.
Chapter III. Ownership of the reclamation system and separately located hydrotechnical constructions Article 10. Ownership of land-reclamation systems and separately located hydrotechnical constructions of Reclamation systems and separately located hydrotechnical constructions in accordance with the civil legislation of the Russian Federation may be in private, State, municipal and other forms of property.
Article 11. The right of State ownership of land-reclamation systems and separately located hydrotechnical constructions of Public drainage systems and separately located hydrotechnical constructions may belong on the property right of the Russian Federation (hereinafter-federal property) and ownership of the subject of the Russian Federation (hereinafter referred to as property subject of the Russian Federation).

To federal property include public drainage systems and separately located hydrotechnical constructions placed on the territory of one or several subjects of the Russian Federation territories engaged in interregional and/or intersectoral water allocation and built (under construction) at the expense of the federal budget, as well as for the exercise of authority of the Russian Federation established by this federal law.
Property of subjects of the Russian Federation are State reclamation system and separately located hydrotechnical constructions, not related to the federal property, municipal property, as well as to the property of citizens (natural persons) and legal entities.
Assignment of public drainage systems and separately located hydrotechnical constructions of federal property and the property of subjects of the Russian Federation shall be exercised in accordance with the legislation of the Russian Federation.
State reclamation system and State-owned separately located hydrotechnical constructions, objects, and other property of the organizations in the operation of drainage systems and monitoring of reclaimed land cannot be transferred to the property of citizens (natural persons) and legal entities. (As amended by the Federal law of 14.10.2014 N 307-FZ) Article 12. The right to community property on drainage systems and separately located hydrotechnical constructions of Reclamation systems and separately located hydrotechnical constructions belonging to the ownership of urban and rural settlements, as well as other municipalities, are municipal property.
Article 13. Ownership by citizens (natural persons) and legal persons on the reclamation system and separately located hydrotechnical constructions owned by citizens (natural persons) and legal persons may be drainage systems and drainage systems for individual use and separately located hydrotechnical constructions. Drainage systems and separately located hydrotechnical constructions, owned by two or more persons belongs to them by right of common ownership.
Chapter IV. Powers of the Russian Federation, constituent entities of the Russian Federation and bodies of local self-government in land reclamation Article 14. The powers of the Russian Federation in the field of land reclamation to the powers of the Russian Federation in the field of land improvement include: definition of the State policy in the field of land reclamation;
(Paragraph repealed Federal Act from 22/08/2004, no. 122-FZ) possess, use, disposal and management related to federal property State reclamation systems and separately located hydrotechnical constructions;
financing of land reclamation (reclamation), provided related to federally owned Government reclamation systems and standalone hydrotechnical facilities;
definition in accordance with the established procedure of the federal body of executive power performing functions of State policy and normative-legal regulation in the sphere of agro-industrial complex, including reclamation, as well as a federal body of executive power performing functions for the provision of public services, State property management in the field of agriculture, including land reclamation; (As amended by federal law from 22/08/2004, no. 122-FZ), approval and implementation of federal programmes in the field of land reclamation and monitoring their implementation;
adoption of standards, norms and regulations in the field of land reclamation;
(Paragraph repealed Federal Act from 22/08/2004, no. 122-FZ)
(Paragraph repealed Federal Act from 22/08/2004, no. 122-FZ)
(Paragraph repealed Federal Act from 22/08/2004, no. 122-FZ)
(Paragraph repealed Federal Act from 22/08/2004, no. 122-FZ) to reclaimed land monitoring in implementing State land supervision in accordance with the legislation of the Russian Federation. (The paragraph is supplemented by federal law from 14.10.2014 N 307-FZ) Article 15. The powers of the constituent entities of the Russian Federation in the field of land reclamation to the competence of constituent entities of the Russian Federation in the field of land reclamation are: the possession, use, disposal and management related to the subjects of the Russian Federation State property reclamation systems and standalone hydrotechnical facilities;
the elaboration and adoption in accordance with the federal laws of laws and other regulatory legal acts of the constituent entities of the Russian Federation in the field of land reclamation;

financing of land reclamation (reclamation), provided related to the subjects of the Russian Federation State property reclamation systems and separately located hydrotechnical constructions of, and participation in the financing of land reclamation (reclamation), provided related to federally owned Government reclamation systems and standalone hydrotechnical facilities;
development, approval and implementation of regional (territorial) programmes in the field of land reclamation and monitoring their implementation;
(Paragraph six, federal law expired on 07.08.2008 N 118-FZ) other powers not expressly reserved to the competence of the Russian Federation.
Article 16. Powers of local self-government bodies in the field of land reclamation bodies of local self-government in accordance with the Constitution of the Russian Federation and federal laws may exercise the following powers in the field of land reclamation: possession, use and disposal of reclamation systems and standalone hydrotechnical constructions, located in the municipal property;
ensuring environmental protection Wednesday when carrying out land reclamation in the relevant territories; (As amended by federal law N 309-FZ)
(Paragraph repealed federal law from 18.12.2006 y. N 232-FZ) to coordinate and regulate, within their competence, the activities of the citizens (natural persons) and legal persons in the field of land reclamation.
Chapter v. the State management in the field of land reclamation Article 17. Foundations of public administration in the field of land reclamation state management in the field of land reclamation is exercised by the President of the Russian Federation, the Government of the Russian Federation, bodies of executive power of the constituent entities of the Russian Federation and the Federal Executive authority which carries out the functions of State policy and normative-legal regulation in the sphere of agro-industrial complex, including the land reclamation. (As amended by federal law from 22/08/2004, no. 122-FZ)
(Part of lapsed federal law from 22/08/2004, no. 122-FZ)
(Part of lapsed federal law from 22/08/2004, no. 122-FZ), the federal body of executive power, exercising the functions of State policy and normative-legal regulation in the sphere of agro-industrial complex, including reclamation, as well as the federal body of executive power, exercising functions in providing public services, State property management in the field of agriculture, including land reclamation shall be approved by the Government of the Russian Federation. (As amended by federal law from 22/08/2004, no. 122-FZ), Article 18. The main directions of the activities of the relevant federal executive authorities and executive authorities of the constituent entities of the Russian Federation in the field of land reclamation (as amended by federal law from 22/08/2004, no. 122-FZ), the main activities of the Commissioners of the federal executive authorities and executive authorities of the constituent entities of the Russian Federation in the field of land reclamation are: (as amended by the federal laws from 22/08/2004, no. 122-FZ; 14.10.2014 N 307-FZ) development and implementation of federal and regional (territorial) programmes in the field of land reclamation;
arranging financing land reclamation;
Organization of operation of public drainage systems and related to public property separately located hydrotechnical facilities;
(Paragraph five ineffective-the Federal law dated 10.09.2008 N 118-FZ) certification of drainage systems and separately located hydrotechnical facilities;
Organization of accounting and monitoring of reclaimed land;
Organization of the development of standards, norms and regulations in the field of land reclamation;
organisation and financing of the scientific-research and experimental-design developments in the field of land reclamation;
conducting the State expertise of the land reclamation project documentation systems and separately located hydrotechnical facilities; (As amended by federal law from 18.12.2006 y. N 232-FZ) to reclaimed land monitoring in implementing State land supervision in accordance with the legislation of the Russian Federation; (As amended by the Federal law of 14.10.2014 N 307-FZ) other activities determined by the legislation of the Russian Federation.
Article 19. (Repealed-the Federal law from 13.05.2008 N 66-FZ), Article 20. Certification of drainage systems and separately located hydrotechnical constructions

Drainage systems and separately located hydrotechnical constructions are subject to certification. At carrying out of certification of the ameliorative system and for each hydraulic structure that is included or not included in the ameliorative system, a passport, which contains information about technical characteristics and position respectively of reclamation systems and installation.
The order of carrying out of certification of drainage systems and waterworks set federal body of executive power executing the functions of State policy and normative-legal regulation in the sphere of agro-industrial complex, including the land reclamation. (As amended by federal law from 22/08/2004, no. 122-FZ), Article 21. State monitoring of reclaimed land State monitoring of reclaimed land is an integral part of the State monitoring of land and represents a system of monitoring of reclaimed land. Based on these observations, the reclaimed land state changes are detected and assesses such changes.
Objects State monitoring of reclaimed land are all irrigated land in the Russian Federation.
(Article in edition of the 26.06.2007 Federal law N 118-FZ), Article 22. (Deleted-the Federal law dated 01/10/2003 N 15-FZ), Article 23. Examination of the design documentation of drainage systems and separately located hydrotechnical constructions (as amended by the Federal law of 28/11/2011 N 337-FZ) project documentation of drainage systems and separately located hydrotechnical constructions subject to examination in accordance with the legislation of the Russian Federation on urban planning. (As amended by federal law from 18.12.2006 y. N 232-FZ; from 03.09.2008 N 337-FZ), chap. VI. The procedure for conducting land reclamation Article 24. Planning of land reclamation Planning land reclamation is carried out by the federal executive body responsible for provision of public services, State property management in the sphere of agro-industrial complex, including reclamation, in accordance with federal and regional (territorial) reclamation programmes, as well as on the orders of owners, land owners and users. (As amended by federal law from 22/08/2004, no. 122-FZ) in federal and regional (territorial) reclamation programmes priorities envisaged certain types of land reclamation, depending on the climatic features of the Territories concerned and agricultural needs.
When planning land reclamation on the orders of owners, owners and users of land types and scope of reclamation determined on the basis of the standards, rules and regulations.
Article 25. Conduct land reclamation land reclamation is carried out on the basis of projects developed in accordance with the technical and economic reasons and taking into account construction, environmental, health and other standards, rules and regulations.
Manner of development, agreement and approval of projects land reclamation is established the Federal Executive authority which carries out the functions of State policy and normative-legal regulation in the sphere of agro-industrial complex, including the land reclamation. (As amended by federal law from 22/08/2004, no. 122-FZ)
(Deleted-the Federal law dated 01/10/2003 N 15-) design and construction of drainage systems, which are used in the operation of water bodies, is carried out in accordance with the water legislation. (As amended by the Federal law dated 10.09.2008 N 118-FZ) of agroforestry land is carried out in accordance with this federal law and the laws of the Russian Federation. (Part of the fourth and fifth, respectively, are considered parts of the third and fourth federal law from 01/10/2003 N 15-FZ) Article 26. How to use land to conduct land reclamation measures, classified in accordance with the established procedure to melioriruemym lands are granted for carrying out reclamation activities in the order stipulated by the land legislation of the Russian Federation. (As amended by federal law from 31.12.2014 N 499-FZ) plots that are in State or municipal ownership and where public drainage systems or municipally owned land-reclamation systems and located in State or municipal ownership separately located hydrotechnical constructions are provided to organizations carrying out operation of the systems and structures, in accordance with the legislation of the Russian Federation. (As amended by federal law from 26.06.2007 N 118-FZ)

Land bordering areas effective (reclaimed) land, can be used to provide land reclamation on the right of the limited use of a land plot owned by other person (easement) in accordance with the civil legislation of the Russian Federation and land.
Article 27. Acceptance into operation of drainage systems, separately located hydrotechnical constructions and protective forest plantations Acceptance into operation of drainage systems, separately located hydrotechnical constructions and protective forest plantations is carried out in the manner prescribed by the federal body of executive power executing the functions of State policy and normative-legal regulation in the sphere of agro-industrial complex, including the land reclamation. (As amended by federal law from 22/08/2004, no. 122-FZ) Article 28. Features of granting citizens (natural persons) ownership, possession and use of reclaimed land provide citizens (natural persons) ownership, possession and use of land within the boundaries of the reclamation system of common use is permitted subject to the technological scheme of operation structures and devices this system, common to several individuals (natural persons).
In the allocation between citizens (natural persons) of reclaimed land within the boundaries of the reclamation system for general use, these persons are obliged to carry out maintenance and repair of the said reclamation system on a cost-sharing basis proportional to water or area drained lands with the conclusion of the relevant treaties and the involvement (or creating) specialized organizations in the field of land reclamation.
Article 29. Maintenance of drainage systems, separately located hydrotechnical constructions and protective forest plantations citizens (natural persons) and legal entities who are exploiting the drainage systems, separately located hydrotechnical constructions and protective forest plantations are required to contain the specified objects in proper (proper) State and take measures to prevent their damage.
Rules of operation of drainage systems and separately located hydrotechnical constructions, as well as the rules of protective forest plantations are established by the federal body of executive power executing the functions of State policy and normative-legal regulation in the sphere of agro-industrial complex, including reclamation, in consultation with interested federal authorities and other public bodies. (As amended by federal law from 22/08/2004, no. 122-FZ) Content in proper (proper) State of melioration systems, separately located hydrotechnical constructions and protective forest plantations in respect of: public land-reclamation systems and related to public property separately located hydrotechnical constructions and protective forest plantations-federal body of executive power performing functions for the provision of public services, State property management in the sphere of agro-industrial complex including reclamation, and the relevant bodies of executive power of the constituent entities of the Russian Federation; (As amended by federal law from 22/08/2004, no. 122-FZ) of drainage systems, separately located hydrotechnical constructions and protective forest plantations, are the property of municipalities, local governments;
reclamation systems and individual use, separately located hydrotechnical constructions and protective forest plantations, owned by citizens (natural persons) and legal persons, their owners, owners and users.
Rules of operation of drainage systems and separately located hydrotechnical constructions, as well as the rules of protective forest plantations are obligatory for all citizens (natural persons) and legal entities.
Article 30. Protection of drainage systems, separately located hydrotechnical constructions and protective forest construction on effective (reclaimed) land objects and other works not intended for land reclamation should not degrade the water, air and soil regimes effective nutrient (reclaimed) land, and also prevent exploitation of melioration systems, separately located hydrotechnical constructions and protective forest plantations.
Any activity on effective (reclaimed) land should be carried out in accordance with the requirements of the federal body of executive power executing the functions of State policy and normative-legal regulation in the sphere of agro-industrial complex, including the land reclamation. (As amended by federal law from 22/08/2004, no. 122-FZ)

Construction and operation of communication lines, electric transmission lines, pipelines, roads and other facilities for effective (reclaimed) land should be made in consultation with the organizations, the authorized federal body of executive power responsible for provision of public services, State property management in the sphere of agro-industrial complex, including reclamation, as well as the relevant bodies of executive power of the constituent entities of the Russian Federation. (As amended by federal law from 22/08/2004, no. 122-FZ) Article 31. Translation of reclaimed land in other lands, removal of reclaimed land Transfer in other land reclaimed land, seizure of reclaimed land is carried out in accordance with the land legislation of the Russian Federation.
Article 32. Environmental requirements for reclamation activities implementation of reclamation measures should not lead to a deterioration of the environment Wednesday. (As amended by federal law N 309-FZ) Reclamation activities are carried out in compliance with the requirements of land, water and forest legislation of the Russian Federation, as well as the legislation of the Russian Federation on environmental protection Wednesday, the subsoil, the plant world and about the animal world. (As amended by federal law N 309-FZ), chap. VII. Financing of land reclamation (reclamation measures) article 33. The funding base of land reclamation (reclamation) funding for land reclamation (reclamation measures) are financed from the federal budget the Federal Executive authority exercising functions in providing public services, State property management in the sphere of agro-industrial complex, including reclamation, the budgets of the constituent entities of the Russian Federation, as well as at the expense of owners, owners and users of effective (reclaimed) land, loans from banks and other sources not prohibited by the law. (As amended by federal law from 22/08/2004, no. 122-FZ) Article 34. Financing of land reclamation (reclamation) from the federal budget funding for land reclamation (reclamation), provided related to federally owned Government reclamation systems and standalone hydrotechnical constructions, is financed from the federal budget allocated to agricultural development. (As amended by federal law from 22/08/2004, no. 122-FZ) Article 35. Financing of land reclamation (reclamation activities) at the expense of the budgets of the constituent entities of the Russian Federation State authorities of the constituent entities of the Russian Federation in accordance with regional (territorial) reclamation programmes provide funding land reclamation (reclamation activities) at the expense of the respective budgets of the constituent entities of the Russian Federation.
Article 36. Financing of kul'turtehnicheskoj and chemical Kul'turtehnicheskaja and chemical reclamation land reclamation financed from the federal budget, the budgets of the constituent entities of the Russian Federation and of vehicles owners, land owners and users.
Article 37. Financing of land reclamation in the territories radioactively contaminated land reclamation Funding to the territories subjected to radioactive contamination as a result of natural and human-caused emergencies, is financed from the federal budget.
Chapter VIII. Dispute resolution in the field of land reclamation and responsibility for violation of legislation of the Russian Federation in the field of land reclamation, article 38. Dispute resolution in the field of land reclamation dispute arising between citizens (natural persons) and (or) legal entities in the field of land reclamation shall be settled in the manner prescribed by the legislation of the Russian Federation.
Article 39. Responsibility for violation of legislation of the Russian Federation in the field of land reclamation violation of legislation of the Russian Federation in the field of land reclamation entails administrative or other liability in accordance with the legislation of the Russian Federation.
Article 40. Damages caused by violation of the legislation of the Russian Federation in the field of land reclamation citizens (natural persons) and legal entities shall be liable for damages caused by their violation of the legislation of the Russian Federation in the field of land reclamation in the manner prescribed by the legislation of the Russian Federation. (As amended by federal law from 26.06.2007 N 118-FZ), chap. IX. Final provisions Article 41. The entry into force of this federal law this federal law shall enter into force on the day of its official publication.
Article 42. Bringing of normative legal acts in accordance with this federal law

Normative legal acts of the Government of the Russian Federation, laws and other normative legal acts of the constituent entities of the Russian Federation are in compliance with this federal law within three months from the date of its entry into force.
The President of the Russian Federation, b. Yeltsin, Kremlin, Moscow, N 4 January 10, 1996-FZ