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On Amendments To The Federal Law "on Especially Protected Natural Territories" And Certain Legislative Acts Of The Russian Federation

Original Language Title: О внесении изменений в Федеральный закон "Об особо охраняемых природных территориях" и отдельные законодательные акты Российской Федерации

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RUSSIAN FEDERATION FEDERAL LAW OF THE FEDERAL LAW OF THE RUSSIAN FEDERATION Adopted by the State Duma on December 18, 2013 Approved by the Federation Council on 25 December 2013 (In the wording of the Federal Law 23 June 2014 N 171-FZ) Article 1 THE RUSSIAN FEDERATION 1024; 2005, N 1, st. 25; N 19 1752; 2006, N 50, sect. 5279; 2007, N 13, p. 1464; N 21, sect. 2455; 2008, N 29, st. 3418; N 30, est. 3616; N 49, sect. 5742, 5748; 2009, N 1, est. 17; 2011, N 30, est. 4567, 4590; N 48, st. 6732; N 49, sect. 7043; 2012, N 26, est. 3446): in paragraph 3 of article 1 of the words ", organization and operation of state nature reserves and other environmental institutions", replace by "federal law" with the words " Federal Law "; 2) article 2, as follows: " Article 2. Categories of specially protected natural territories, features of their creation and development 1. Decisions to create specially protected natural areas are taken into account: (a) the importance of the territory concerned for the conservation of biological diversity, including rare, endangered and valuable in The economic and scientific relations of flora and fauna and their habitat; b) the presence of natural landscapes and cultural landscapes within the boundaries of the relevant territory, which represent an aesthetic, scientific and cultural value; c) presence within borders appropriate territory of geological, mineralogical and palaeontological objects of special scientific, cultural and aesthetic value; g) presence within the respective territory of unique natural complexes and objects, including single natural objects, which are of special scientific, cultural and aesthetic value. 2. Given the nature of the regime of specially protected natural areas, the following categories of territories are distinguished: (a) State nature reserves, including biosphere reserves; b) national parks; c) natural parks; g) state natural resources; e) nature monuments; e) dendrological parks and botanical gardens. 3. Other categories of specially protected natural areas of regional and local significance may be established by the laws of the constituent entities of the Russian Federation. 4. Specially protected natural territories may have federal, regional or local significance and shall be administered by the federal executive authorities, the executive authorities of the constituent entities of the Russian Federation and the bodies In the case of local self-government, and in the cases provided for in article 28 of this Federal Act, also in the conduct of State scientific organizations and State educational institutions of higher education. 5. State nature reserves and national parks are classified as specially protected natural areas of federal importance. State nature reserves, natural monuments, dendrological parks and botanical gardens can be classified as specially protected natural areas of federal importance or specially protected natural areas of regional significance. Natural parks belong to specially protected natural areas of regional importance. 6. The State authorities of the constituent entities of the Russian Federation agree on the establishment of specially protected natural areas of regional significance, the modification of their special protection regime with: (a) by the authorized federal authority of the executive branch in the area of environmental protection; b) by the federal executive authorities in the field of defence of the country and the security of the state, if it is assumed that within the boundaries of specially protected natural areas there will be the land and other natural resources provided for OF THE PRESIDENT OF THE RUSSIAN FEDERATION 7. The constituent entities of the Russian Federation are entitled to co-finance the discharge of the obligations of the Russian Federation arising in the exercise of the powers relating to the establishment and development of specially protected natural territories of the Federal Republic OF THE PRESIDENT OF THE RUSSIAN FEDERATION 8. Local governments shall establish specially protected natural areas of local importance on land owned by the respective municipal education. If the specially protected natural territory is to occupy more than five per cent of the total area of land owned by the municipality, the decision to establish a specially protected natural area The local self-government body shall coordinate with the State authority of the relevant entity of the Russian Federation. 9. The local self-government bodies shall decide on the issues of the use, protection, protection and reproduction of the forests of specially protected natural territories, as stipulated by the Federal Law "On general principles of the organization of local self-government in the Russian Federation", located within the boundaries of settlements, the urban district, in accordance with the provisions on the relevant specially protected natural areas. 10. In order to prevent adverse anthropogenic impacts on public nature reserves, national parks, natural parks and natural sites, protected areas are created in adjacent land and water facilities. The Government of the Russian Federation shall establish the procedures for the establishment of security zones and the establishment of their borders, the establishment of a regime for the protection and use of land and water facilities within the boundaries of the protection zones. The regime for the protection and use of land and water facilities within the boundaries of the protection zone is established by the provision on the protection zone, which is approved by the public authority deciding on its establishment. 11. Decisions to establish conservation zones and establish their boundaries are taken with respect to: (a) protected areas of state nature reserves, national parks and nature monuments of federal importance by the federal executive The authorities responsible for the protected natural areas; b) protected areas of natural parks and nature monuments of regional importance by the highest official of the constituent entity of the Russian Federation Executive body of the Russian Federation Federation). "; 3) Article 3 to declare invalid; 4) Article 6 to read: Article 6. General provisions on state nature nature reserves 1. State nature reserves are classified as specially protected natural areas of federal importance. Within the boundaries of State nature reserves, the natural environment is preserved and economic and other activities are totally prohibited, except in the cases provided for by this Federal Law. 2. Natural resources and real estate located within the boundaries of State nature reserves are federal property and are removed from civil service, unless otherwise provided by federal law. 3. The State nature reserve is approved by the federal executive authority under which it is responsible. "; 5), article 8, paragraphs 2, 3 and 4, shall be declared null and void; , to read: " 5. State nature reserves of natural persons who are not employees of federal State budgetary institutions operating state nature reserves, officials The federal executive authority, which is responsible for the management of public nature reserves, is permitted only with the authorization of the federal State budget institutions that manage the State nature reserves, or the federal executive The authorities responsible for the State nature reserves. To visit the natural persons of the State nature reserves for educational tourism by federal state budget institutions managing state nature reserves, A fee is charged, the order of which shall be determined by the federal executive authority responsible for the state nature reserves. "; 7) in article 10: (a) in paragraph 1 of the words" Global environmental monitoring " delete; (b) In paragraph 3, replace the words "it" with the words "on the state biosphere reserve"; 8), article 11, as follows: " Article 11. Management of state nature reserves 1. The management of State natural reserves is carried out by federal State budgetary institutions established in accordance with the procedure established by the legislation of the Russian Federation. 2. Land (including land on which forests are located) within the state nature reserves is provided to the federal state budget institutions that manage national natural resources In accordance with the legislation of the Russian Federation, in accordance with the legislation of the Russian Federation. 3. The seizure or other termination of the rights to land and forest plots provided to the federal State budgetary institutions administering the State nature reserves is prohibited, except in cases where provided by federal laws. 4. The federal state budget institutions, which manage the state nature reserves, have their symbols (flags, manners, emblems and other verbal, visual and 3D symbols or their combinations that reflect The characteristics of State nature reserves), the procedure for the approval and use of which is established by the federal executive authority responsible for the management of State nature reserves. 5. Federal State budget institutions, which manage State nature reserves, have the right to make available to their employees for partial economic use of their employees a service free of charge. put on the procedure established by the Land Code of the Russian Federation. "; 9) Article 12 should read as follows: " Article 12. General provisions 1. National parks are classified as specially protected natural areas of federal importance. Areas where the natural environment is preserved in the natural state and prohibit the exercise of any activity not provided for by this Federal Act and the areas in which the economic activity is restricted shall be distinguished within the national parks. and other activities for the preservation of natural and cultural heritage sites and their use for recreational purposes. 2. Natural resources and real estate located in the national parks ' boundaries and located in federal property are removed from civilian traffic unless otherwise provided by federal law. 3. It is prohibited to change the target of land plots within national parks, except in cases provided for by federal laws. 4. The regulation of the national park is approved by the federal executive authority under which he is responsible. "; 10), article 14, as follows:" Article 14. Procedures for the establishment of national parks 1. The establishment of national parks and the expansion of national parks is carried out by the decisions of the Government of the Russian Federation by the Government Plenipotentiary of the Russian Federation authority. 2. In cases established by federal laws, national parks can also be created by transforming State nature reserves, with the positive conclusion of State ecological expertise of materials, justifying such conversion. "; 11) in article 15: (a) in paragraph 1, subparagraph (d), the word" environmental "should be replaced by" federal state budget "; , paragraph 6, amend to read: " 6. Stays in national parks (except for those located within the boundaries of human settlements) of natural persons who are not employees of the federal State budgetary institutions exercising control of national Parks, officials of the federal executive authority responsible for national parks are permitted only with the permission of the Federal State Budget Office, which is responsible for the administration of national parks. by a park or a federal executive authority under the authority of to which national parks are located. To visit the national parks (except for locations within the boundaries of settlements) for tourism and recreation by federal State budgetary institutions National parks are charged a fee, the order of which is determined by the federal executive authority responsible for national parks. "; 12) Article 16 should read as follows: " Article 16. Manage National Parks 1. The national parks department is administered by the federal state budget institutions established in accordance with the procedure established by the legislation of the Russian Federation. 2. Land (including land on which forests are located) within the national parks is provided to the federal state budget institutions, which manage national parks, permanently (perpetual) OF THE PRESIDENT OF THE RUSSIAN FEDERATION The boundaries of national parks may also include land belonging to other owners and users without exemption from economic use. 3. Exclusions or other discontinuations of rights to land and forest plots provided to federal State budget institutions for the administration of national parks are prohibited, except in cases provided for by the federal State. Laws. 4. The federal state budget institutions, which manage national parks, have the right to provide their employees within the boundaries of the zone of economic activity to their employees in the order of emergency. established by federal laws. 5. The objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation, included in the single state register of objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation, are provided by the federal authorities. In accordance with Federal Act No. 73-FZ of 25 June 2002 on objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation, the State budget institutions are responsible for the administration of national parks. 6. Federal State budget institutions, which manage national parks, have their symbols (flags, manners, emblems and other verbal, visual and bulky symbols or their combinations reflecting the characteristics the nature of the national parks), the procedure for approval and the use of which is established by the federal executive authority responsible for national parks. "; 13), article 18 should read as follows: " Article 18. General provisions 1. Natural parks are specially protected natural areas of regional significance, within the boundaries of which are allocated areas of ecological, cultural or recreational purposes, and accordingly prohibitions and restrictions are imposed Economic and other activities. 2. Natural resources located within the boundaries of natural parks, if not otherwise established by federal laws, are restricted in civilian traffic. 3. It is prohibited to change the target of land located within the boundaries of natural parks, except in cases provided for by federal laws. 4. The regulation of the natural park is approved by the decision of the supreme executive body of the constituent entity of the Russian Federation. "; The creation of natural parks is implemented by decisions of the supreme executive body of the constituent entity of the Russian Federation in accordance with the requirements of article 2, paragraph 6 of this Federal Law. "; (15), article 20 should read as follows:" Article 20. Management of natural parks 1. The management of natural parks is carried out by State institutions of the constituent entities of the Russian Federation established in accordance with the procedure established by the legislation of the Russian Federation. 2. Land areas (including land on which forests are located) in natural park boundaries are provided to the State institutions of the constituent entities of the Russian Federation, which manage natural parks OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3. Land of other owners and users may also be located within the boundaries of natural parks. 4. The seizure or other termination of land rights granted to State institutions of the constituent entities of the Russian Federation, which is responsible for the management of natural parks, is prohibited, except in cases provided for in the land Paragraph 5 of article 21, paragraph 5, to read: 17) in article 22: (a), paragraph 5, should read: " 5. State natural resources of federal significance are under the authority of the federal executive authority of the Russian Federation. Federal State budgetary institutions are responsible for the management of federal state budget institutions, including the management of State natural reserves and national parks. Parks. "; b) in paragraph 6 of the words" Directorate of State Natural Gas Services of a regional significance "should be replaced by the words" organizations authorized by the State authorities of the constituent entities of the Russian Federation " State natural resources of the regional ";"; 18) Article 23 should read: " Article 23. The procedure for the creation of state natural resources kaznikov 1. The creation of state natural reserves of the federal importance is carried out by the decisions of the Government of the Russian Federation, taken on the submission of the federal executive authority of the Russian Federation by the Government of the Russian Federation. 2. The creation of state natural deposits of a regional significance is carried out by the decisions of the supreme executive body of the constituent entity of the Russian Federation, in accordance with the requirements laid down in article 2, paragraph 6 of this Federal Law. 3. State natural reserves of regional significance may also be created by transforming the state natural deposits of federal importance by the decision of the Government of the Russian Federation on the submission OF THE PRESIDENT OF THE RUSSIAN FEDERATION natural order of federal importance. The decision may be taken against the state natural order of a federal importance located within the borders of one constituent entity of the Russian Federation. 4. State nature reserves may not be located in the territories of State nature reserves and national parks. "; 19) in article 26, paragraph 5, the words" water space "shall be replaced by the words" water bodies "; Article 28 should read as follows: " Article 28. General provisions 1. The dendrological parks and botanical gardens are specially protected natural areas created to form special collections of plants for the preservation of flora and its diversity. 2. Natural resources and real estate located in the boundaries of dendrological parks and botanical gardens are restricted in civilian traffic unless otherwise provided by federal law. 3. The management of dendrological parks and botanical gardens is carried out by the federal executive authorities, the executive authorities of the constituent entities of the Russian Federation and the federal agencies State institutions, as well as State scientific organizations and State educational institutions of higher education. 4. Land and forest plots within the boundaries of dendrological parks and botanical gardens are provided to the state institutions, which manage dendrological parks and botanical gardens, into permanent (indefinite) use. 5. The regulation of the dandrological park and botanical garden of federal importance is approved by the federal executive authority of the Russian Federation authorized by the Government of the Russian Federation. 6. The position of the dendrological park and the botanical garden of regional importance is approved by the decision of the supreme executive body of the constituent entity of the Russian Federation. 7. In the cases provided for by the legislation of the Russian Federation, the location of the respective dendrological park and botanical garden is approved by State scientific organizations and State educational institutions of higher education. "; 21) in article 29, paragraph 2 (a), the words" the management of dendrological parks or botanical gardens "should be replaced by the words" relevant bodies and institutions administering dendrological parks or Botanical Gardaani "; 22) article 30, paragraph 2 (23) section VIII shall be declared void; 24) in article 33, paragraph 5, the words "environmental public" should be replaced by the words "the federal public budget", the words "environmental protection and the environment". State "substitute the words" federal State budget "; 25) in article 34: (a) in paragraph 1, subparagraph (b), the word" environmental "should be replaced by" federal state budget "; b) in Paragraph 8 of the word "environmental" should be replaced by " State budget. Article 2 Article 2 Act No. 26-FZ of 23 February 1995 on natural medicinal of the Russian Federation, the Russian Federation, the Russian Federation, the Republic of Turkey, the Russian Federation, the Republic of Korea, the Russian Federation, the Republic of Korea, the Russian Federation, the Republic of Korea, the 713; 2004, N 35, sect. 3607; 2005, N 19, st. 1752; 2006, N 52, sect. 5498; 2007, N 1, st. 21; N 46, st. 5554; 2008, N 30, sect. 3616; 2009, N 1, stop. 17; N 52, sect. 6455; 2011, N 30, sect. 4567; 2012, N 26, est. 3446) The following changes: 1) in the first preambular paragraph, the word "natural" delete; 2) in paragraphs 4 to 7 and 10 of Article 1 the word "natural" delete; 3) in paragraph 2 of Article 2 of the word "natural". replace the word "territories"; 4) in article 14, paragraph 2, the word "natural" delete; 5) in article 16: (a) in paragraph 1, the word "natural" should be deleted; b) paragraph 4, after the word "land users" in addition to the words ", landowners, tenants, owners of land "; in) paragraph 5, after" land users ", add", landowners, tenants, landowners ". Article 3 Article 11 of Federal Law dated 23 November 1995 N 174-FZ " On ecological expertise " (Russian Federation Law Assembly, 1995, N 48, sect. 4556; 2004, N 35, sect. 3607; N 52, sect. 5276; 2006, N 50, sect. 5279; N 52, sect. 5498; 2008, N 20, st. 2260; 2009, N 1, stop. 17; 2011, N 30, est. 4591, 4594) to supplement subparagraph 6-1 as follows: "6-1) Materials justifying the conversion of State nature reserves into national parks;". Article 4 In the preamble of the Federal Law The Protection of the Lake Baikal (Collection of Laws of the Russian Federation, 1999, N 18, art. 2220; 2004, N 35, sect. 3607; 2006, N 50, sect. 5279; N 52, sect. 5498; 2007, N 45, sect. 5417; 2008, N 29, st. 3418; 2009, N 1, est. 17; 2011, N 30, est. 4563, 4590; N 48, st. 6732) replace "World Heritage" with "World Heritage site". Article 5 Article 5 href=" ?docbody= &prevDoc= 102170545&backlink=1 & &nd=102070941 "target="contents"> N 49-FZ " On territories of traditional natural resource management of the small indigenous peoples of the North, Siberia and the Far East of the Russian Federation " OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1972), the following changes: 1) in the second paragraph of article 1, the word "natural" delete; 2) in article 5, the word "natural" should be deleted. Article 6 Amend the Land Code of the Russian Federation (Assembly of Laws of the Russian Federation, 2001, N 44, Art. 4147; 2004, N 41, sect. 3993; N 52, sect. 5276; 2006, N 23, st. 2380; N 27, sect. 2881; N 50, sect. 5279; N 52, sect. 5498; 2007, N 1, st. 24; 2008, N 20, sect. 2253; 2009, N 11, est. 1261; N 30, est. 3735; 2011, N 30, sect. 4567; N 49, sect. 7027) the following changes: 1) (Spconsumed by force-Federal Law 23.06.2014 N 171-FZ) (2) in the first paragraph of article 24, paragraph 2, of the word "state nature reserves and national parks", replace "federal State budget institutions" nature reserves and national parks "; 3) in article 94: (a) in paragraph 2: in subparagraph 1 of the words", including medical and health facilities and resorts ", delete; , to read: "5) especially valuable land."; (b) Paragraph 5 (5): in article 95: (a) in paragraph 1 of the words ", territories of traditional natural resource management of the small indigenous minorities of the North, Siberia and the Far East of the Russian Federation, as well as land "delete; b) in paragraph 4 of the first sentence:" To prevent adverse anthropogenic impacts on public nature reserves, national parks, natural parks and natural monuments in adjacent lands ";"; in paragraph 6, the words "are provided to them" by "shall be provided to the federal state budget institutions for the management of public natural resources". in reserves and national parks, "fourth sentence, delete; g) in paragraph 8 of the phrase" provided to them "by the words" which are provided to the State institutions of the constituent entities of the Russian Federation natural parks, "; 5) in article 96, paragraph 1, of the "relate to specially protected natural areas and" delete; 6) in article 97, paragraph 1: (a), subparagraph (2) should be declared void; b), after the word "protected", add "natural". Article 7 Amend the Federal Law of 10 January 2002 N 7-FZ "On the protection of the environment" (Legislative Assembly of the Russian Federation Federation, 2002, N 2, sect. 133; 2004, N 35, sect. 3607; 2011, N 30, article 4590, 4596; N 48, st. 6732; 2012, N 26, est. 3446; 2013, N 30, sect. 4059) the following changes: 1) in Article 1: a) to supplement the new paragraph 30 with the following: " Natural heritage sites-natural sites, natural monuments, geological and physiographic Education and strictly limited areas, natural worthy places subject to the criteria of outstanding universal value and defined by the Convention on the Protection of the World Cultural and Natural Heritage; "; b) , to read: " Natural heritage-objects of natural heritage included in the World Heritage List; "; in) the paragraph thirty-seventh paragraph of thirty-ninth; 2) in article 4, paragraph 3, of the words" World Heritage List and The World Heritage List "shall be replaced by the words" World Heritage List "; 3) in paragraph 25 of Article 5 of the word" World Heritage "replaced by the words" The development of the List of Natural Heritage Sites, recommended by the Russian Federation for inclusion in the World article 59, paragraph 1, as follows: " 1. The legal regime for the protection of natural objects is established by legislation in the field of environmental protection, as well as by other legislation of the Russian Federation. ". Article 8 Amend Forestry Code of the Russian Federation, 2006, N 50, p. 5278; 2008, N 30, sect. 3616; 2009, N 11, stop. 1261; 2011, N 1, sect. 54; N 30, est. (...) (...) (...) the federal executive authority responsible for specially protected natural areas "; 2) Part 2 of article 41 to be supplemented with the following sentence:" Recreational activities in forests " protected natural territories, in accordance with of the Russian Federation on Specially Protected Natural Areas. "; (3) Part 4 of Article 76 to be supplemented by the words" and the contract for the sale of forest plantations located on the lands of specially protected natural sites " of the federal importance, for own purposes, at rates to be determined by the Government of the Russian Federation "; 4) of article 77, paragraph 4, in addition to the words", and the conclusion of contracts for the purchase and sale of forest plantations located on lands of specially protected natural territories within the limits of State natural resources nature reserves and national parks, by federal state budget institutions that manage State nature reserves and national parks, in accordance with the legislation of the Russian Federation protected natural areas "; 5) Article 81: (a) to supplement paragraph 41-3 with the following: " 41-3) Establishment of regulations and standards for the harvesting of wood by citizens for their own lands of specially protected natural territories of the Federal values; "; b) to supplement paragraph 41-4 as follows: " 41-4) the establishment of rates for the sale of forest plantations located on the lands of specially protected natural territories of the federal importance, for their own needs; "; 6) in article 82: (a), paragraph 4 should be supplemented with the words", except as provided for in article 81, paragraph 41-3 of this Code "; Article 81, paragraph 41-4 of this Code "; 7) In article 103: (a) in Part 3, the word "functional" delete; (b) part 4, recognizing no force; in) in Part 5, the words "excluding the territories of biosphere sites," should be deleted. Article 9 Recognize lapable: 1) Paragraph 2, paragraphs 3 and 4 of Article 3 of the Federal Law December 29, 2004 No. 199-FZ " On introducing amendments to the legislative acts of the Russian Federation in connection with the extension of the powers of the State authorities of the constituent entities of the Russian Federation in the subjects of joint responsibility of the Russian Federation and THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION 25); 2) Article 1, paragraph 1, of the Federal Law of 23 March 2007 N 37-FZ "On Amendments to Articles 3 and 26 of the Federal Law" On specially protected natural territories "and Article 26-3 of the Federal Law" On the general principles of the organization of legislative (representative) and executive bodies of the constituent entities of the Russian Federation " (Legislative Assembly Russian Federation, 2007, 1464); 3) article 5, paragraphs 1 and 2, of the Federal Law of 25 June 2012, No. 93-FZ " On amendments to selected legislative acts OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3446). Article 10 1. This law shall enter into force on the date of its official publication. 2. The transformation of state nature reserves into national parks is carried out until December 31, 2015 by the decision of the Government of the Russian Federation on the submission of the Federal Government Commissioner of the Russian Federation In the case of the State of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of Bosnia and 3. The specially protected natural areas and their protected areas, which have been established prior to the entry into force of this Federal Act, shall be retained within the borders established by the relevant authorities of the State or local authorities The procedure established prior to the date of entry into force of this Federal Act. President of the Russian Federation Vladimir Putin Moscow, Kremlin December 28, 2013 N 406-FZ