Public lands - a part of the land surface with certain boundaries that has the legal status of public lands. Represent both undeveloped and built-up areas.
Under the land law of the Russian Federation in cities, towns and rural settlements, common lands consist of lands used as communication lines (squares, streets, alleys, driveways, roads, embankments) to satisfy the cultural and domestic needs of the population (parks, forest parks, squares, gardens, boulevards, ponds, beaches), landfills for the disposal of unused industrial waste, landfills for household waste and garbage processing enterprises, and other lands serving to meet the needs of the city, village, rural settlement. On these lands the construction of capital buildings and structures is allowed (in accordance with the intended purpose of these lands), as well as temporary buildings and lightweight structures (tents, kiosks, etc.) [1] .
In horticultural, vegetable garden and country non-profit associations of citizens , common lands include lands occupied by roads, streets, driveways (within the red lines), fire reservoirs, as well as sites and sections of public facilities (including their sanitary protection zones) [2 ] .
According to the Civil Code of the Russian Federation, citizens have the right to freely, without any permits, be on land plots that are not closed to public access that are in state or municipal ownership, and use the natural objects available on these plots to the extent permitted by law and other legal acts, as well as the owner of the respective land. If the land plot is not fenced or its owner in another way has not clearly indicated that entrance to the land without its permission is not allowed, any person can go through the land, provided that this does not cause damage or concern to the owner [3] .
In accordance with paragraph 8 of Art. 28 of Federal Law N 178-ФЗ land plots are not subject to alienation as part of public lands (streets, driveways, roads, embankments, parks, forest parks, squares, gardens, boulevards, ponds, beaches and others). According to this paragraph, parks are also included in the list of objects located on land plots in the composition of common lands. Paragraph 12 of Art. 85 of the Land Code of the Russian Federation , it is established that land plots occupied by squares, streets, driveways, roads, embankments, squares, boulevards, water bodies, beaches and other objects can be included in various territorial zones and are not subject to privatization [4 ] .
In the Urban Planning Code of the Russian Federation , the term common areas is used , which means the possibility for an unlimited number of people to freely use them.
Notes
- ↑ Volosov M., Dodonov V., Kapinus N. et al. The Big Law Dictionary. - Infra-M, 2009. - ISBN 978-5-16-002606-0 .
- ↑ SNiP 30-02-97 unopened (unavailable link) . Union of Gardeners of Russia. Date of treatment March 17, 2015. Archived April 2, 2015.
- ↑ Civil Code of the Russian Federation, part 1, Article 262. Land plots of common use. Access to the land . Consultant Plus. Date of treatment March 17, 2015.
- ↑ Definition of the concept of “common land of settlements” as an object not subject to privatization . Subschet.ru: theory and practice of accounting and taxation. Date of treatment March 17, 2015.