FEDERAL LAW OF THE RUSSIAN FEDERATION

of March 14, 1995 No. 33-FZ

About especially protected natural territories

Accepted by the State Duma of the Russian Federation on February 15, 1995

Especially protected natural territories - land areas, surface of the water and airspace over them where natural complexes and objects, objects of plant and animal life, natural ecological systems which have special nature protection, scientific, cultural, esthetic, recreational and improving value which are withdrawn by decisions of public authorities fully or partially from economic use and for which the mode of special protection is set are located.

Especially protected natural territories belong to objects of national property.

This Federal Law governs the relations in the field of protection and use, including creation, especially protected natural territories for the purpose of preserving unique and typical natural complexes and objects, objects of plant and animal life, natural ecological systems, biodiversity, carrying out scientific research in the field of environmental protection, environmental monitoring, ecological education.

Section I. General provisions

Article 1. The legislation of the Russian Federation on especially protected natural territories

1. The legislation of the Russian Federation on especially protected natural territories is based on relevant provisions of the Constitution of the Russian Federation and consists of this Federal Law, other laws and other regulatory legal acts of the Russian Federation, and also the laws and other regulatory legal acts of subjects of the Russian Federation adopted according to it.

2. The relations arising when using of lands, water, forest and other natural resources of especially protected natural territories are regulated by the relevant legislation of the Russian Federation and the legislation of subjects of the Russian Federation.

3. The property relations in the field of use and protection of especially protected natural territories are regulated by the civil legislation if other is not provided by this Federal Law.

Article 2. Categories of especially protected natural territories, features of their creation and development

1. In case of decision making about creation of especially protected natural territories it is considered:

a) value of the corresponding territory for preserving biological diversity, including the rare, being under the threat of disappearance both valuable objects of plant and animal life and the circle in the economic and scientific relation of their dwelling;

b) availability in borders of the corresponding territory of sites of the natural landscapes and cultural landscapes representing special esthetic, scientific and cultural value;

c) availability in borders of the corresponding territory of the geological, mineralogical and paleontologic objects representing special scientific, cultural and esthetic value;

d) availability in borders of the corresponding territory of unique natural complexes and objects, including the single natural objects representing special scientific, cultural and esthetic value.

2. Taking into account features of the mode of especially protected natural territories the following categories of the specified territories differ:

a) national natural parks, including biospheric reserves;

b) national parks;

c) natural parks;

d) state natural wildlife areas;

e) nature sanctuaries;

e) dendrology parks and botanical gardens.

3. By the laws of subjects of the Russian Federation also other categories of especially protected natural territories of regional and local value can be established.

4. Especially protected natural territories can have federal, regional or local importance and be under authority according to federal executive bodies, executive bodies of subjects of the Russian Federation and local government bodies, and under cases, stipulated in Article the 28th this Federal Law, also under the authority of the state scientific organizations and the state educational organizations of the higher education.

5. The national natural parks and national parks belong to especially protected natural territories of federal importance. The state natural wildlife areas, nature sanctuaries, dendrology parks and botanical gardens can be carried to especially protected natural territories of federal importance or especially protected natural territories of regional value. Natural parks belong to especially protected natural territories of regional value.

6. Public authorities of subjects of the Russian Federation approve decisions on creation of especially protected natural territories of regional value, on change of the mode of their special protection with:

a) authorized federal executive body in the field of environmental protection;

b) federal executive bodies in the field of defense of the country and safety of the state if it is supposed that in borders of especially protected natural territories there will be lands and other natural resources provided for needs of the Armed Forces of the Russian Federation, other troops, military forming and bodies.

7. Subjects of the Russian Federation have the right to perform joint financing of execution of the payment commitments of the Russian Federation arising in case of accomplishment of the powers connected with creation and development of especially protected natural territories of federal importance from budgets of subjects of the Russian Federation according to the budget legislation of the Russian Federation.

8. Local government bodies create especially protected natural territories of local value on the parcels of land which are in property of the respective municipality. If the created especially protected natural territory will occupy more than the decision on creation of especially protected natural territory the local government body approves five percent from total area of the parcels of land which are in property of the municipality with public authority of appropriate subject of the Russian Federation.

9. Local government bodies solve the questions of use, protection, protection, reproduction of the woods of especially protected natural territories located in borders of settlements of the settlement, city district provided by the Federal Law "About the General Principles of the Organization of Local Self-government in the Russian Federation" according to regulations on the corresponding especially protected natural territories.

10. For prevention of adverse anthropogenous effects on the national natural parks, national parks, natural parks and nature sanctuaries on the parcels of land and water objects adjoining to them conservation zones are established. The regulations on conservation zones of the specified especially protected natural territories affirm the Government of the Russian Federation. Restrictions of use of the parcels of land and water objects in borders of the conservation zone are established by the decision on establishment of the conservation zone of especially protected natural territory.

11. Decisions on establishment, change, on the termination of existence of conservation zones of especially protected natural territories specified in Item 10 of this Article are accepted in the relation:

a) conservation zones of the national natural parks, national parks and nature sanctuaries of federal importance federal executive body under which authority the specified especially protected natural territories are if other is not provided by the Law of the Russian Federation of April 15, 1993 No. 4802-I "About the status of the capital of the Russian Federation";

b) conservation zones of natural parks and nature sanctuaries of regional value management official of the subject of the Russian Federation.

12. The annex to the decision on creation of especially protected natural territory are data on borders of such territory which shall contain the graphical description of location of borders of such territory, the list of coordinates of characteristic points of these borders in the system of coordinates used for maintaining the Single state real estate register.

13. Form of the graphical description of location of borders of especially protected natural territory, the requirement to the accuracy of determination of coordinates of characteristic points of borders of especially protected natural territory, to format of the electronic document containing the specified data are established by the federal executive body performing functions on development of state policy and normative legal regulation in the field of maintaining the Single state real estate register, implementation of the state cadastral registration of real estate, state registration of the rights to real estate and transactions with it, provision of the data containing in the Single state real estate register.

14. Main types of the permitted use of the parcels of land located in borders of especially protected natural territories are determined by regulations on especially protected natural territory. Auxiliary types of the permitted use of the parcels of land can be also provided by regulations on especially protected natural territory. In case of zoning of especially protected natural territory the main and auxiliary types of the permitted use of the parcels of land are provided by regulations on especially protected natural territory in relation to each functional zone of especially protected natural territory.

In cases if the permitted use of the parcels of land in borders of especially protected natural territory allows construction on them, in regulations on especially protected natural territory parameters of the permitted construction, reconstruction of capital construction projects are established limiting (maximum and (or) minimum).

The specified types of the permitted use of the parcels of land and extreme parameters of the permitted construction, reconstruction of capital construction projects do not extend to cases of placement of linear objects. At the same time placement of linear objects in borders of especially protected natural territories in the cases established by this Federal Law, and in case of zoning of especially protected natural territory - in borders of its functional zones which mode established according to this Federal Law prohibits placement of such linear objects is not allowed.

In cases, the stipulated in Article 3.1 presents of the Federal Law, types of the permitted use of the parcels of land and extreme parameters of the permitted construction, reconstruction of capital construction projects are established by rules of land use and building.

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