ORDER OF THE MINISTRY OF TRANSPORT OF THE RUSSIAN FEDERATION

of January 13, 2010 No. 5

About establishment and use of rights of way of highways of federal importance

According to article 25 of the Federal Law of November 08, 2007 N 257-FZ "About highways and about road activities in the Russian Federation and about modification of separate legal acts of the Russian Federation" (The Russian Federation Code, 2007, N 46, Art. 5553; 2008, N 20, Art. 2251; N 30 (h 1), Art. 3597; N 30 (h 2), Art. 3616; N 49, of Art. 5744; 2009, N 29, Art. 3582; N 39, of the Art. 4532) and Item 5.2.53.27 of the Regulations on the Ministry of Transport of the Russian Federation approved by the order of the Government of the Russian Federation of July 30, 2004 N 395 (The Russian Federation Code, 2004, N 32, Art. 3342; 2006, N 15, Art. 1612; N 24, of Art. 2601; N 52 (h 3), Art. 5587; 2008, N 8, Art. 740; N 11 (h 1), Art. 1029; N 17, of Art. 1883; N 18, of Art. 2060; N 22, of Art. 2576; N 42, of Art. 4825; N 46, of Art. 5337; 2009, N 3, Art. 378; N 4, of Art. 506; N 6, of Art. 738; N 13, of Art. 1558; N 18 (h 2), Art. 2249; N 32, of Art. 4046; N 33, of Art. 4088; To N 36, of the Art. 4361), I order:

1. Approve the enclosed Procedure for establishment and use of rights of way of highways of federal importance.

Approved by the order of Ministry of Transport of the Russian Federation of January 13, 2010, No. 5

Procedure for establishment and use of rights of way of highways of federal importance

1. The procedure for establishment and use of rights of way of highways of federal importance (further - the Procedure) is developed according to article 25 of the Federal Law of November 8, 2007 N 257-FZ "About highways and about road activities in the Russian Federation and about modification of separate legal acts of the Russian Federation" * (1) (further - the Federal Law of November 8, 2007 N 257-FZ) and Item 5.2.53.27 of the Regulations on the Ministry of Transport of the Russian Federation approved by the order of the Government of the Russian Federation of July 30, 2004 N 395 * (2), and determines:

the procedure of establishment of rights of way of highways of federal importance for the purpose of placement of such highways (construction or reconstruction of highways, and also in case of registration of the rights to the parcels of land occupied by such highways), and also placements of objects of road service;

conditions of use of rights of way of highways of federal importance.

2. Borders of right of way of the highway of federal importance are determined based on documentation on the layout of the territory. Preparation of documentation on the layout of the territory intended for placement of highways of federal importance and (or) objects of road service is performed taking into account the regulations of allocation of land approved by the Government of the Russian Federation for placement of the specified objects * (3).

3. Till January 1, 2012 in the absence of documentation on the layout of the territory intended for placement of highways of federal importance establishment of borders of right of way of the highway based on the scheme of arrangement of the parcels of land on the cadastral plan or the cadastral map of the corresponding territory * is allowed (4).

4. Decision making by training of the parcels of land from the parcels of land which are in federal property or state-owned property on which is not differentiated, for the purpose of placement of the highway of federal importance, including for forming of right of way of such highway, performs Federal Highway Agency.

5. The organization and work by training of the parcels of land for the purpose of placement of the highway of federal importance is performed by owners of highways.

6. In the cases provided by the project documentation approved in accordance with the established procedure on construction or reconstruction of highways of federal importance in need of withdrawal including by the redemption, the parcels of land and (or) other real estate objects located on them for needs of the Russian Federation for the purpose of placement of the highway of federal importance, including for forming of right of way of such highway, decision making about withdrawal, including by the redemption, for federal needs of the parcels of land and (or) other real estate units located on them for the specified purposes, is performed by Federal Highway Agency * (5).

7. The organization of works on withdrawal, including by the redemption, the parcels of land and (or) other real estate objects located on them for the specified purposes is performed by owners of highways of federal importance, including taking into account features, the stipulated in Clause 37 Federal Laws of July 17, 2009 N 145-FZ "About Russian Highways state-owned company and about modification of separate legal acts of the Russian Federation" * (6) (further - the Federal Law of July 17, 2009 N 145-FZ).

8. Preparation of the petition for transfer of the parcels of land in category of lands of the industry, power, transport, communication, broadcasting, television, information science, lands for ensuring space activities, lands defense, safety and lands other special purpose (further - the earth of transport) for the purpose of establishment of right of way of the highway of federal importance for placement of such highway and (or) objects of road service is performed by owners of highways of federal importance in accordance with the legislation of the Russian Federation.

Transfer of the parcels of land in category of lands of transport for the purpose of establishment of right of way of the highway of federal importance for placement of such highway and (or) objects of road service is performed in accordance with the legislation of the Russian Federation.

9. Provision of the parcels of land which are in federal property or state-owned property on which is not differentiated, for the purpose of establishment of right of way of the highway of federal importance for placement of such highway and (or) objects of road service, and also in case of registration of the rights to the parcels of land occupied by highways of federal importance is performed by Federal Highway Agency in accordance with the legislation of the Russian Federation taking into account features, the stipulated in Clause 36 Federal Laws of July 17, 2009 N 145-FZ.

10. In borders of right of way of the highway of federal importance are prohibited * (7):

1) performance of works, not connected with construction, with reconstruction, major repair, repair and content of the highway, and also with placement of objects of road service;

2) placement of the buildings, structures, constructions and other objects which are not intended for servicing of the highway, its construction, reconstruction, major repair, repair and content and not relating to objects of road service;

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