Amendments are being prepared to the legal treatment of lands within the borders of specially protected natural territories

Pepeliaev Group advises that the State Duma of the Federal Assembly of the Russian Federation is reviewing in the first reading two draft laws that eliminate the restrictions on transactions with land plots within the borders of specially protected natural territories (SPNT) and vest the Russian Government with powers to change the borders of national parks.

Two draft laws have been published on the State Duma’s website that suggest a considerable change in the legal treatment of lands and land plots within the borders of the SPNT:

• Draft Law No. 974393-7 “On amending the Federal Law ‘On specially protected natural territories’ and individual items of Russian legislation”;[1]
• Draft Law No. 909679-7 “On amending the Land Code of the Russian Federation and individual items of legislation to regulate the land relationships in population centres that make part of the specially protected natural territories”.[2]

The draft laws have been developed by a number of parliamentarians of the State Duma and Federation Council. The explanatory notes to the draft laws point that at present there is a considerable number of population centres of various levels within the SPNT. Due to the stringent environmental treatment of the SPNT, there are quite a few prohibitions applying to individuals living within their boundaries. For instance, it is specified that individuals who own houses and buildings in the territories of national parks are unable to acquire the land plots underlying these houses and buildings.

Draft law No. 974393-7

Pursuant to the Law on specially protected natural territories[3], there are economic and domestic zones within the territories of national parks in which it is permitted to conduct activities intended to provide for the vital needs of individuals residing in such territories.[4]

Draft Law No. 974393-7 suggests amending the above Law and the Land Code of the Russian Federation (the “Land Code”) providing that the land plots within the borders of economic and domestic zones of national parks in population centres will not be removed from the market and may be transferred into ownership of constituent entities of the Russian Federation and municipalities, as well as conveyed to individuals and legal entities.[5]

Current legislation stipulates that lands and land plots of national parks are exclusive federal property, are not transferable and not subject to privatisation. In some situations other users, as well as owners are permitted to have land plots within the borders of national parks, provided that their activity does not have a negative impact on the lands of national parks and nor does it violate the regime of their use.[6]

The permitted use of the above land plots will be determined in line with the regulation on the relevant national park, which establishes specific features, zoning and treatment of the national park.[7] The draft law does not rule out the transfer of such land plots for gardening, construction of individual garages or residential properties, among other purposes, if this does not contradict the regulation regarding the national park.[8]

The purpose of the planned amendments is to lift the ban on the transferability of land plots within economic and domestic zones of national parks and to allow construction on these land plots.

At the same time, Draft Law No. 974393-7 provides that the Russian Government will be granted the power to adopt the following types of decisions:[9]

• to change the borders of national parks;
• to expand the territory of national parks;
• to create national parks;
• to correct technical errors in determining the borders of national parks.

At present, the legislation does not allow for the borders of national parks to be changed. However, allowing for the borders to be changed Draft Law No. 974393-7 does not contain a list of specific situations when the change can take place, but provides that the decisions to this effect must be taken further to public discussions or public hearings.[10]

Draft law No. 909679-7

Draft Law No. 909679-7 regulates similar matters; the purpose of its adoption is to eliminate limitations on the transferability of land plots located in population centres within SPNT. At the same time, unlike Draft Law No. 974393-7 the contemplated amendments will affect the legal treatment of lands and land plots located not only in national parks, but also in other SPNT.[11]

Draft Law No. 909679-7 suggests incorporating in the Land Code the approach whereby lands and land plots within SPNT will be treated as lands of population centres, [12] in other words, the lands that are used and are designated for construction and development in population centres.[13]

According to Draft Law No. 909679-7 population centres must be included in the zones of partial economic and domestic use of SPNT that, in turn, will make part of the economic and domestic zones.[14]

The legislation does not define a “zone of partial economic and domestic use”. At the same time, article 95(3) of the Land Code mentions the land plots specifically allocated for partial economic and domestic use as part of the SPNT where it is allowed to restrict domestic and recreational activity in line with the special legal treatment established for such SPNT.

What to think about and what to do

The State Duma’s dedicated committees have supported the concept of both draft laws taking account of further adjustment that are required, including for the purpose of conciliating the draft laws with each other.

In view of the above, individuals residing within SPNT and planning to conduct economic and domestic activities in these territories are advised to keep in mind that once the adjustments are made, these draft laws will most likely be adopted.

Help from your adviser

Pepeliaev Group’s lawyers are monitoring in real time all amendments to current legislation and are ready to promptly advise you on any matters of ownership and use of the land plots within SPNT.