What functions does the protective green zone perform? Green areas

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Green Zone

A case was opened regarding an administrative offense: parking a car in a green area near a kindergarten. In fact, there are still 5 meters to the kindergarten territory. The car is parked on the side of the road under the windows of our house. At this place there is a hatch with an engineer. communications and covered with gravel. The plot is not fenced or marked with a border. There are no signs or signs. We've been parking the car there for 30 years. They handed over the protocol, the trial is ahead. What to refer to in a statement or complaint.

Hello, during the administrative proceedings, you need to attach documents and explanations, the contents of which will imply that your vehicle was not parked in the “green zone”, thereby you need to create doubts about your guilt, and all doubts are in our favor the person against whom administrative proceedings are being conducted.

The district police officer took a photograph of the car in the green zone, this “green zone” is located to the right of the entrance to the neighbor’s garage and is located on his, the neighbor’s, private territory, is this legal?

Are you sure that this green zone is owned by a neighbor and does not belong to the administration? If it is owned by a neighbor, then you can provide copies of documents during the proceedings so that you are not held accountable for damaging the “green zone,” of course, unless the neighbor made a report against you.

I received a fine by email for parking in a green zone. There is no photo of the violation. I thought, as always, we were wrong. Now the fine is already 3000 and the bailiffs are hot on their heels. Where to go, who to contact. What if it wasn't my car at all?

Has enforcement proceedings already been initiated? What are the details for paying a fine? Check whether this fine is on the government services website, whether there is a similar enforcement proceeding in the bank of enforcement proceedings. If this information is not confirmed, do not pay any money. I have encountered similar cases. Often these are attempts at fraud.

Hello, Nadezhda! Unfortunately, if the case is already with the bailiffs, then your appeal period has already expired and you will have to pay this fine.

We live in a green area, with a long-standing infrastructure (playgrounds, parking, gazebos, tents, shelters), the administration wants to demolish everything and roll it under asphalt, regardless of the opinion of our community. How to fight? What laws are on the side of TSN.

There are plenty of legal norms... However, in this situation there is very little information. In addition, the above does not apply to infrastructure. File an administrative claim in court.

What does it mean to be in the green zone?

The green zone is protected land. It depends on what situation you find yourself in there.

I received an email notification about a fine for parking in the “green zone”. Two photos of the car were taken just a few seconds apart. Can I appeal this decision? Best regards, Alexey.

Yes you can. In accordance with Art. 30. 1 Code of Administrative Offenses of the Russian Federation.

Certainly. By virtue of Parts 1 and 4 of Art. 1.5 of the Code of Administrative Offenses of the Russian Federation, a person is subject to administrative liability only for those administrative offenses for which his guilt has been established. Irremovable doubts about the guilt of a person brought to administrative responsibility are interpreted in favor of this person. The provisions of Part 1 of Art. 2.6.1 of the Code of Administrative Offenses of the Russian Federation establishes that the owners ( owners) of vehicles. In accordance with Part 2 of this article, the owner (holder) of a vehicle is released from administrative liability if, during the consideration of a complaint against a decision in a case of an administrative offense, made in accordance with Part 3 of Article 28.6 of this Code, the data contained in it is confirmed that at the time the administrative offense was recorded, the vehicle was in the possession or use of another person or has now been taken out of its possession as a result of unlawful actions of other persons.

They sent me a fine from MADI in the amount of 3000 tons for parking in the wrong place or green zone, the place indicated is Moscow. Neither the address nor the day of the violation was indicated. What to do? I don't even know where this happened.

If you don’t agree, write a complaint through the court.

I received a fine for parking my car in a green zone.

Well, what's the question?

You can appeal this fine.

We received fines for parking in the green zone near the house (the house is 60 years old, residents park there all their lives, there is no green zone there, only a few trees grow, there are no fences or pavements) BUT we have a cooperative house and according to the documents the adjacent territory is private territory . Was there any reason for the administration to issue a fine or take photographs of someone else’s property? And no notifications come with a photo report of the “offense”

The administration has grounds to issue a fine and record an offense. In this case, this is not considered as recording someone else's property. You will not receive a notification with a photo report. You should receive a notification from the administrative commission about the date, time and place of consideration of your case, and everything will be provided to you there. In this case, they are guided by the city map. Even if this zone is no longer green, but on paper it is a green zone, a fine will be issued.

Is the distance between the curb and the fence a green zone if the distance is thirty centimeters?

Is the distance between the curb and the fence a green zone if the distance is thirty centimeters? Is. That's what it's designed for. And its size does not matter. It is clear that if this is see, then no.

Is there a chance to challenge a fine for parking in a green zone? What happens if you don’t pay it at all?

Hello. Of course, but you need to understand where exactly you parked your car, what kind of evidence the traffic police has and how long ago you received the order. Do you have any documents on hand? Photo? Video? If you do not pay the fine at all, the municipality will have 2 years to bring you to justice. They can hand it over to the bailiffs and the fine will be collected without your participation from any of your accounts. Or they may not convey it, I can’t say what it depends on; in different cities, at different times of the year, the practice is completely different.

In general, I received fines for the green zone, but the problem is that they have been since May, but there were no notifications and there were none on the traffic police website, in August the last time I looked it was empty, and now I received an SMS supposedly already in court, and fines appeared on the site. I don’t understand what to do.

So you go to court and get acquainted with the materials of the case, if it really exists, most likely you will be charged under Article 20.25 of the Code of Administrative Offenses of the Russian Federation. "Code of the Russian Federation on Administrative Offenses" dated December 30, 2001 N 195-FZ (as amended on August 3, 2018 ) (with amendments and additions, entered into force on September 26, 2018) Code of Administrative Offenses of the Russian Federation Article 20.25. Evasion from the execution of administrative punishment (as amended by Federal Law dated December 6, 2011 N 410-FZ) (see text in the previous edition) (as amended by Federal Law dated December 8, 2003 N 161-FZ) (see text in the previous edition ) 1. Failure to pay an administrative fine within the period provided for by this Code - entails the imposition of an administrative fine in the amount of twice the amount of the unpaid administrative fine, but not less than one thousand rubles, or administrative arrest for a term of up to fifteen days, or compulsory labor for a term of up to fifty hours . (as amended by Federal Laws dated July 18, 2011 N 226-FZ, dated April 5, 2013 N 49-FZ) (see text in the previous edition) 2. Unauthorized leaving the place of serving an administrative arrest or evading serving an administrative arrest - (as amended Federal Law of April 22, 2013 N 62-FZ) (see text in the previous edition) entails administrative arrest for up to fifteen days or compulsory work for up to fifty hours. (as amended by Federal Law dated 04/05/2013 N 49-FZ) (see text in the previous edition) 3. Evasion of a foreign citizen or stateless person from the execution of an administrative penalty in the form of administrative deportation from the Russian Federation in the form of controlled independent departure from Russian Federation - entails the imposition of an administrative fine in the amount of three thousand to five thousand rubles and administrative expulsion from the Russian Federation. (as amended by Federal Law dated July 23, 2013 N 207-FZ)

I received a letter with a decision on a fine for parking in a green zone (in the yard). But the Dozor device, with which the shooting was carried out, shows the coordinates of the neighboring yard. That is, the actual shooting location does not match the device readings. Is it possible and worth trying to appeal such a decision? Thank you.

Good afternoon, Rifat. In this case, you can try to appeal the decision because there are inconsistencies. Sincerely, AA "AB LEGAL PROTECTION"

You can appeal this decision, since the protocol on an administrative offense is inadmissible evidence, the location of the offense is incorrectly indicated.

Should there be a green zone or (buffer zone) between two bordering SNT.

If the question is whether the legislation provides for the mandatory creation (compliance) of such a zone - then no, it does not.

Can a neighbor cut down a tree a couple of centimeters from my property (the green area begins behind the fence). Should he inform me? What documentation does he need?

Dear Ekaterina! Hello! If the neighbor owns the storage unit, he doesn’t need anything. He just cuts it down and that's the end of it. Your neighbor is also not required to inform you about this. Everything that I wrote is relevant, unless the tree is listed in the Red Book.

Is it legal to issue a fine for parking in an AMI green zone without a report from a police officer?

Of course, it is illegal and an illegal fine is worth appealing. You have 10 days to do this from the moment you receive a copy of the resolution under Art. 30.3 Code of Administrative Offenses of the Russian Federation.

Yes, this is their competence. It can be appealed in the manner prescribed by Chapter 30 of the Code of Administrative Offenses of the Russian Federation to a higher court (district, if the case was considered at first instance by a magistrate court; regional or equal court, if the case was considered at first instance by a district or equal court) at the place where the case was considered directly or by filing a complaint through the person or body that issued the decision within 10 days from the date of receipt of the decision. When filing a complaint, please mark your copy.

We were walking with our grandson (5 years old) and our Yorkshire terrier dog along the paths of the green park area in the area between the houses; our dog was about one meter away from us. A woman with a large Staffordshire Terrier was heading in our direction (the dog was without a muzzle), the woman came up to us and the Staffordshire Terrier attacked our dog, rushed to the dogs, trying to save hers, but the owner of the Staffordshire Terrier, despite the screams, pulled the dog back three times and again I let him go, who threw himself on our lying dog. The grandson, seeing all this, screamed and cried hysterically. Only after repeated screams did the woman pull her dog away and I managed to lift mine from the ground, which was covered in blood and did not move. The grandson had a nervous breakdown, is now afraid of big dogs and refuses to walk in the park, and has trouble sleeping at night. In the vet. The clinic found that our Yorkie had a complex, comminuted fracture of his left paw, a damaged chest and very deep wounds from the fangs of a fighting dog. The owner of the fighting dog doesn’t even think about any apologies or the like, because... believes that he has the right to walk after 21.00 with his dog without a leash and muzzle. Three days have passed, each visit to the vet costs 5,000 rubles, tomorrow the operation costs 30,000 rubles and I hope further successful treatment. What to do?

In order. 1. Establish personal information of the dog owner, including full name. and residential address. 2. Collect all documents about treatment and financial expenses (checks, receipts, etc.). 3. Gather witnesses to the incident. 4. If a child is stressed, contact a child psychologist, collect and store documents regarding the visit, with a diagnosis and medical prescriptions. 5. It would not hurt to contact the police in order to document the incident. 6. Apply to the court at the defendant’s place of residence with a claim (or claims, if the dog owner, for example, you) for reimbursement of treatment costs and recovery of compensation for moral damage. But the proper plaintiff in a claim in the interests of the child (for compensation for moral damage) in any case will be one of the child’s parents (as his legal representative).

Which article (regulation) provides for administrative responsibility for parking in a green zone (lawn, park) except in Moscow, etc.

Valery! In your case, this responsibility is provided in the Rules for the improvement of the city of Vladivostok, for violation of which administrative liability is provided in the form of a fine.

They independently occupied the green area of ​​the private sector, the house was all landscaped, they imposed a fine, the area near the road, the fence was removed, and that there would be parking there, it’s very offensive, my husband and I are pensioners, it’s very offensive that we have been using the site since the day we were born, i.e. 68 years old.

Good evening. Dear Elena, in this case it doesn’t matter how much you use this land. You have no right to occupy or use someone else's property. As far as I understand, this is the property of the municipality; accordingly, the municipality has the right to dispose of its property as it wants.

Tell me how many meters from the fence I can make a green area on the street side.

Good afternoon, the street itself, that is, the roadway, plus the sidewalk, a total of five meters, no closer, otherwise they may impose a fine, no closer.

I received a notification from the housing department that my car is parked in a green zone (land without asphalt, without greenery, does not bother anyone, the car is parked 30 m from the entrance). There are no parking spaces in our yard. Do housing departments have the right to call us to their place to sign a protocol for the accident and issue a fine?

Good day! NO, of course he doesn’t have the right - the housing department is not vested with the right to draw up a protocol on an administrative violation. Good luck to YOU! Always happy to help

Good day to you. The housing department does not have the right to draw up administrative protocols, nor the right to impose administrative fines. Good luck and all the best.

Good day. If there are no plantings on this territory, then it is not considered a green zone. Unless, of course, plant seeds are sown in this land. A fine can only be issued and collected by a police officer, and not by housing department employees.

In June 2016, I received a fine for parking in a green zone in the amount of 2,500 rubles. It was NOT issued by the traffic police.
I didn't pay it because... considered this a matter for the feds, not the municipalities. Now in October a decision was made to pay this fine within 5 days. What to do?
Thank you in advance!

Good afternoon, we are apparently talking about a fine previously issued by UATI - these fines were recognized by the Supreme Court as illegal and subject to cancellation, go to court and appeal.

About the green zone. How is the green zone limited? And is overgrown weeds a green area?

Green zone - a forest area located outside the city limits, occupied by forests and forest parks, which is a recreation area for the population

Hello, in SNT there is no green zone between our sites and the main road. 5 years ago, my neighbors and I wrote letters to the chairman asking for permission to move the fence 2.5 meters beyond the conventional border of the ditch in order to protect ourselves from cars. We received a verbal answer that we could bear it. Now the chairman has changed and a survey of the common lands has been carried out, and according to the chairman, he will refuse to allow us to survey his plots because we have removed the fence. Can we demand the assignment of a road and the allocation of a green zone to our areas, and if so, on the basis of what law? Thank you.

Good day, the Chairman of your gardening association should not decide such things, because this land belongs to the state represented by the administration. Good luck to you. Anna Titova.

I wrote a statement to the police about illegal parking of cars in the green area under the window. The police submitted the application to the administration for consideration, which will take 2 months. And that's how cars park. Can I file a police report again? How to deal with this?

Good day! Of course you can file a complaint with the police. You can write an application more than once, there are no prohibitions.

I was issued a fine for parking in a green zone, how can I challenge it? We filed a complaint and received a decision without changes, what should we do?

A complaint against a resolution on an administrative offense is filed with the district court at the place where the alleged offense was committed or at your place of residence in accordance with Article 30.1 of the Code of Administrative Offenses of the Russian Federation.

I wrote a statement to the police about illegal parking in the green area behind the house. 5 days have passed and nothing has changed. The cars were installed as they were. How long will it take for the police to make any decision?

Elena, good afternoon, the verification material is reviewed for 3 days, with an extension to 10, and subsequently up to 30 days. So, if you don’t receive an answer within a month, write a complaint to the prosecutor’s office.

Good afternoon But in any case, you must be given an answer to your application; you can wait until a month has passed; if there is no response, then you have the right to file a complaint with the prosecutor’s office, on the basis of Art. 10 of the Federal Law on the prosecutor's office, let them look into this issue.

Any city or other settlement. It is an area outside the city limits, occupied by forest parks, forests and performing security, sanitary and hygienic functions. Such zones form a protective forest belt and often serve as a place for people to relax.

Main functions and purpose

Green areas are classified depending on the structure and purpose of the territory. Inside them there are specially protected green zones. They also include nature reserves, forests around health resorts and other areas with certain restrictions on environmental management.

Such ecological systems perform a number of serious functions, including:

  • Improving the state of the environment, namely: enriching the air with oxygen, softening the microclimate and radiation regime of the city, reducing the level of dust in the air and the concentration of harmful chemicals in it.
  • Recreation. The green zone creates optimal conditions for people to relax outdoors.
  • Protection from overheating of the soil, walls of buildings and pedestrian paths.

In addition to hygienic and sanitary functions, green areas also have aesthetic significance. Such territories are used for the construction of prestigious residential areas, which indicates their important architectural and planning role.

Green area

Green spaces, which are a collection of trees, shrubs and herbaceous plants in a certain area, are divided into groups of general and limited use.

The first group includes embankments, boulevards, squares, and urban areas. The second group is represented by areas of schools, sports and children's complexes, and residential areas.

Regardless of the category of purpose, the green zone plays a dominant role in the process of creating optimal conditions for people. This applies not only to purifying the air from pollutants, but also to reducing noise, vibration, and protection from winds. Green spaces in general have a positive effect on the human nervous system, which has a beneficial effect on the life and recreation of the population.

Rest and recreation area

A person’s need for rest always exists, regardless of where he lives.

However, the demand for outdoor recreation increases depending on the standard of living of the population. As prosperity grows, the requirements for organizing country holidays increase.

Among the main ones there is a recreational one, the task of which is to create a living growing forest that meets the needs of mass recreation of the population. Thus, green recreation areas meet the requirements of healthy, complete, and therefore with high sanitary, hygienic and aesthetic properties, recreation.

The importance of forest green areas

Green zone forests are a collection of forest plantations in a suburban area outside the city limits. Such systems perform an environmental protection role and provide favorable conditions for recreation. Depending on the intensity of visits by the population, the availability of a transport network, distance from a populated area and species composition, the following types are distinguished:

  • forest park;
  • forestry

The first includes territories located near settlements and intended for short-term recreation.

The forested part is characterized by picturesque landscapes, the presence of water bodies and transport routes. Also within this part there are separate zones: walking, memorial, historical, as well as an active recreation area. The forestry part is located outside the city and primarily performs a sanitary and environmental protection role.

Legal aspects of suburban areas

Among the main elements of the legal regime of green zones are prohibitions on:

  • carrying out economic and other activities that negatively affect the performance of the main functions of these zones;
  • conducting hunting and agriculture, developing mineral deposits;
  • the use of toxic drugs for the purpose of protecting and protecting plantations.

The specifics of forest reproduction, use and protection are established by the federal executive body. The protection of the green fund involves the organization of a system of measures aimed at the preservation and normal functioning of green areas, ensuring the normalization of the ecological situation and the creation of a favorable environment. Also, the green zone is limited by the availability of certain areas for recreation and mass visits by the population.

Landscaping

Recently, the role of green areas as a recreation resource has increased significantly. To maintain the positive impact of such areas and prevent negative impacts, a thoughtful, carefully planned forest management system is necessary. That is, the important role of landscaping the territory of suburban areas is obvious. The main task of such improvement is the development of comprehensive measures to ensure stability and protection of the properties of forest phytocenoses.

Activities include environmental protection activities, attendance regulation, and improvement of recreational green areas. In areas of mass visitation, conditions are created for the population to relax: playgrounds are set up, a dense path network is laid, and transport parking is equipped. In addition, the green zone, the area of ​​which is a place for short-term recreation of the population, requires regular removal of dead wood and household waste. Any activities are carried out taking into account the sustainability of green spaces to anthropogenic loads.

Boundary designation

Based on urban planning documentation, the boundary of the green zone is established. Which, in turn, is carried out taking into account the interests of the population, municipalities and subjects of urban planning activities.

Zoning of the suburban area is presented in territorial integrated urban planning schemes. The project for the creation and development of forestry also includes recommendations for justifying the boundaries of the green zone. Also, trails, roads, streams and rivers can be used as quarterly boundaries when constructing forests of green zones.

For cities and towns located in treeless areas, instead of a green zone, protective strips of green space should be provided, located on the side of the prevailing winds. The width of such strips is individual for specific settlements.

1. These Regulations establish the procedure for determining functional zones in forest park zones of protective forests, the area and boundaries of forest park zones and green zones of protective forests (hereinafter referred to as forest park zones, green zones, respectively).

2. Forest park zones are established for the purpose of organizing recreation for the population, preserving the sanitary, hygienic, health and aesthetic value of natural landscapes.

3. Green zones are established in order to ensure the protection of the population from adverse natural and man-made impacts, preservation and improvement of the environment.

4. Forest parks and green zones can be established on forest lands, defense and security lands on which forests are located, as well as in urban and rural settlements in which forests are located (with the exception of urban forests).

5. The boundaries of forest park parts and forestry parts of green zones, which were created on the lands of the forest fund before the date of entry into force of the Forest Code of the Russian Federation, are respectively the boundaries of forest park zones and green zones.

6. The area of ​​the forest park zone is determined depending on the population of the corresponding settlement. The area of ​​the green zone is determined depending on the forest growth zone, the ratio of the area of ​​land covered with forest vegetation to the total area of ​​the territory of the municipal district or subject of the Russian Federation, within the boundaries of which the green zone (forest cover) is established, and the population of the corresponding settlement. Standards for determining the area of ​​forest park zone and green zone are established by the Ministry of Natural Resources and Ecology of the Russian Federation.

7. The boundaries of functional zones in a forest park zone, a forest park zone and a green zone are established along quarterly clearings, the boundaries of forest blocks and (or) forest taxation units.

8. Functional zones in the forest park zone are parts of the forest park zone, which are allocated in order to differentiate the regime of use, protection, protection and reproduction of forests in different parts of the forest park zone.

In a forest park zone that has well-established, stable natural landscapes, formed recreational infrastructure, or in cases where differentiation of the regime of use, protection, protection and reproduction of forests is not required, functional zones may not be allocated.

9. In the forest park area there is an active recreation area and a walking area.

In some cases, to preserve fauna habitats and restore disturbed natural landscapes, functional zones can be identified - a zone of faunal rest and a restoration zone.

10. An active recreation zone is allocated in places of the forested park zone with the greatest recreational load for the purpose of their improvement and the formation of aesthetically valuable natural landscapes of increased sustainability. The area of ​​the active recreation zone occupies up to 30 percent of the forest park area.

11. A walking zone is allocated in places of the forest park zone less visited by the population for the organization of walking and tourist routes, procurement and collection of food and non-timber forest resources in the prescribed manner. The area of ​​the walking area can be more than 70 percent of the area of ​​the forest park area.

12. A zone of faunal rest is allocated in order to ensure optimal living and breeding conditions for wild birds and animals.

13. The restoration zone is allocated in places of the forest park zone where the death of forest plantations has occurred or a significant decrease in their stability and a long-term (for at least 10 years) implementation of a set of measures for forest reproduction is required.

14. Standards for the improvement of active recreation areas and walking areas in a forested park area are established by the Ministry of Natural Resources and Ecology of the Russian Federation.

(see text in the previous edition)

15. Preparation of documentation for the design of the boundaries of a forest park zone and (or) green zone (hereinafter referred to as design documentation) is carried out on the initiative of the interested party.

(see text in the previous edition)

16. In the case of development of project documentation by order of a government body of a constituent entity of the Russian Federation, project documentation is developed in the manner established by the legislation of the Russian Federation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs.

(see text in the previous edition)

17. The design documentation includes text and graphic materials, including:

a) information about the boundaries of settlements and municipalities on the territory of which forest park zones and (or) green areas are being designed;

b) information from the state forest register on the rights to use forest areas included within the boundaries of the forest park zone and (or) green zone;

c) maps (diagrams) of the forest park zone and (or) green zone, containing a description of the location of the boundaries of land plots (parts thereof) located within the boundaries of the corresponding zone;

d) an extract from the state forest register containing a list of boundaries (blocks, allotments) of the designed forest park zone and (or) green zone, as well as information about the forest cover of the area;

e) diagram of the division of the forest park zone into functional zones.

18. When designing forest park zones and green areas, their boundaries should not include land plots with real estate objects located on them, the placement of which is not permitted by the Forest Code of the Russian Federation in forest park zones and green zones, as well as territories provided for by territorial planning documents for placement such objects.

(see text in the previous edition)

19. Project documentation is subject to approval by the local government body of the city, rural settlement, urban district, within the boundaries of which green zones or forest park areas are established, before the government body of the constituent entity of the Russian Federation makes a decision on its approval. The period for approval of project documentation does not exceed 15 calendar days from the date of its receipt for approval by the local government body of a city, rural settlement, urban district, within the boundaries of which green zones or forest park areas are established.

Project documentation is subject to approval by the Federal Forestry Agency in the event that the establishment of the boundaries of a forest park zone or green zone leads to changes in the boundaries of other categories of protective forests, operational forests and reserve forests, by the state authority of a constituent entity of the Russian Federation before a decision is made on its approval. The term for approval of project documentation does not exceed 15 calendar days from the date of its receipt for approval by the Federal Forestry Agency.

(see text in the previous edition)

20. The government body of the constituent entity of the Russian Federation, within 30 days from the date of submission of the project documentation, reviews it and makes a decision on its approval or on sending it for revision.

(see text in the previous edition)

Part 1 of Article 83 of the Forest Code of the Russian Federation is not transferred in the prescribed manner to the state authorities of the constituent entity of the Russian Federation, the state authority of the constituent entity of the Russian Federation, within 7 days from the date of adoption of the decision provided for in paragraph 21 of these Regulations, sends it to the Federal Forestry Agency for entering, in accordance with the established procedure, relevant information into the state forest register.

Information on establishing the boundaries of forest park zones and green areas is entered in the prescribed manner into the state real estate cadastre at the request of the government body of the constituent entity of the Russian Federation that made the decision specified in paragraph 21 of these Regulations as information about zones with special conditions for the use of the territory.

23. Changes in the area and boundaries of functional zones in a forest park zone, forest park zone and green zone are made by decision of the government body of a constituent entity of the Russian Federation in the manner established by these Regulations.

Changing the boundaries of forest park zones and green areas, which could lead to a reduction in the area of ​​these zones, is not permitted. When changing the boundaries of forest park zones and green zones, the area of ​​excluded forest plots is compensated by the inclusion in the boundaries of these zones of forest plots, the area of ​​which is not less than the area of ​​the excluded forest plots and which are located on the territory of the same forest district (forest park) or on the territory of nearby forest districts (forest parks).

Parking a vehicle on the lawn and within the green zone is illegal. Such actions entail the imposition of an administrative fine.

What is a lawn according to traffic rules and what applies to a lawn? Is there a difference between the concepts of lawn and green area? What is the fine for parking on a lawn or in a green area? Who sets the fines for parking on the lawn? How to appeal a decision for parking on the lawn? We will answer these and other questions in this article.

Lawn or green area?

Leaving a car on the lawn is prohibited, but there is no legal definition of this concept anywhere. Of course, not all areas with grass can be considered a lawn. A person will definitely not be fined for stopping on an overgrown piece of land on the outskirts of the city.

In principle, a precise concept is not particularly required in the field of road regulation. If we start from encyclopedic understanding, then we assume an area with well-groomed, often decorative, perennial grass. But scientific interpretation does not form the basis for regulating these legal relations, although it is implied. You can also study the laws of the neighboring state - Belarus, where a lawn is a plot of land with natural or created vegetation cover, usually grass.

The term, in general, is not reflected in federal documents, which provides law enforcement agencies with the opportunity to use various tricks. In many ways, this issue is regulated only at the local level.

The concept of a green zone is generally absent from any regulations. In different cases, it refers to areas planted with herbaceous and shrub plants, as well as areas outside the city for recreation of the population, occupied by forest parks and forests.

In general, the concepts of lawn and green area are different, but they do not play any role. If an area is designated as not intended for parking, leaving a vehicle there will still result in an administrative penalty.

Fines for parking on the lawn

In each subject, documents specifying the provisions on penalties for parking violations have legal force. For example, in Moscow, the developed Code of Administrative Offenses of the city provides for punishment several times greater than that provided for by the Code of Administrative Offenses of the Russian Federation.

In general, the article for violating the rules of stopping a vehicle implies a fine of 500 rubles. It is even possible to receive a warning without imposing penalties. However, in the capital the composition was specified in Art. 8.25 since 2015. Thus, for placing vehicles on the lawn and other green areas, quite large sums are required to be collected.

Fines for parking on the lawn in Moscow:

  • for individuals – 5 thousand;
  • for officials – 30 thousand;
  • for legal entities – 300,000 rubles.

Parking on the lawn in St. Petersburg (based on City Law No. 273-70):

  • for a citizen – 3-5 thousand rubles;
  • for an official – 5-40 thousand rubles;
  • for organizations – 150-500 thousand.

Unlike most specialized laws and regulations in this area, the law contains an interpretation of the word “lawn”. So, this is the surface of the earth, limited by side stones, with herbaceous or shrub vegetation, both natural and artificial. The concept also includes the territory allocated for landscaping work.

Similar rules are found in most regions of the country. In their absence, the general norm of the Code of Administrative Offenses of the Russian Federation is applied, which imposes a fine for leaving vehicles in places not designated for parking.

How to avoid a fine?

The best advice is to know your local laws regarding this offense. Acts in different cities contain different understandings of the lawn. Somewhere the presence of grass is mandatory, but not everywhere, for example, the designation of this area is required. So, if a person is sure that he is standing on bare ground without grass, bushes and fences, and he is still fined, it’s time to make sure whether this place is considered a lawn.

Speaking about the grass cover in the courtyards of apartment buildings, everything is not so simple here. Front gardens can be created due to the enthusiasm of the people living here. But this does not mean at all that the territory is officially considered a lawn.

Most local codes contain language only for parking and, at most, parking. In this case, it can be proven that there was only the fact of stopping, which is not prohibited by law. The main thing is that there are no witnesses to the prolonged presence of vehicles in the prohibited area and no video cameras. Although a stop is considered a stop, which is already grounds for imposing a fine.

The most risky option is to try to prove that parking was carried out as a result of force majeure (prevention of an accident, a sharp deterioration in health, etc.). Such cases exclude or minimize punishment. But cameras on nearby houses or a doctor’s examination will quickly reveal the deception, and then a fine cannot be avoided.

Thus, the best option to prove your innocence is to prove that the parking area is not a lawn. Only this guarantees in most cases the cancellation of the fine.

Appeal against an illegally imposed fine

Of course, unfair punishment can and should be appealed. There are only 10 days for this from the date of delivery of a copy of the resolution (Article 30.3 of the Code of Administrative Offenses of the Russian Federation). The most important thing is confidence in your rightness or the presence of a loophole in the law that you can take advantage of.

An appeal of the traffic police decision is carried out to a higher official (in particular, the head of the inspector who issued the fine). No one has canceled the judicial appeal procedure. Although, as a rule, legal expenses are much higher than the amount of the fine. And litigation can drag on for several months. But if principle prevails, it is possible to seek such a resolution of the dispute.

Conclusion

So, parking on the lawn is a matter of regulation at the local and regional levels. Accordingly, in many respects the appointment, cancellation and appeal of a decision made depend on the rules prevailing in the subject. In order to avoid punishment, we can only advise you to know what exactly is recognized as a lawn in a particular locality.

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

On approval of the Regulations on the definition of functional zones in forest park areas, the area and boundaries of forest park zones, green areas


Document with changes made:
Decree of the Government of the Russian Federation of February 4, 2011 N 50 (Collection of Legislation of the Russian Federation, N 7, 02/14/2011);
(Collection of Legislation of the Russian Federation, No. 46, November 12, 2012);
(Official Internet portal of legal information www.pravo.gov.ru, 08.28.2017, N 0001201708280014).
____________________________________________________________________

In accordance with Part 7 of Article 105 of the Forest Code of the Russian Federation, the Government of the Russian Federation

decides:

Approve the attached Regulations on the definition of functional zones in forest park areas, the area and boundaries of forest park zones, green areas.

Chairman of the Government
Russian Federation
V.Putin

Regulations on the definition of functional zones in forest park areas, the area and boundaries of forest park zones, green areas

APPROVED
Government resolution
Russian Federation
dated December 14, 2009 N 1007

1. These Regulations establish the procedure for determining functional zones in forest park zones of protective forests, the area and boundaries of forest park zones and green zones of protective forests (hereinafter referred to as forest park zones, green zones, respectively).

2. Forest park zones are established for the purpose of organizing recreation for the population, preserving the sanitary, hygienic, health and aesthetic value of natural landscapes.

3. Green zones are established in order to ensure the protection of the population from adverse natural and man-made impacts, preservation and improvement of the environment.

4. Forest parks and green zones can be established on forest lands, defense and security lands on which forests are located, as well as in urban and rural settlements in which forests are located (with the exception of urban forests).

5. The boundaries of forest park parts and forestry parts of green zones, which were created on the lands of the forest fund before the date of entry into force of the Forest Code of the Russian Federation, are respectively the boundaries of forest park zones and green zones.

6. The area of ​​the forest park zone is determined depending on the population of the corresponding settlement. The area of ​​the green zone is determined depending on the forest growth zone, the ratio of the area of ​​land covered with forest vegetation to the total area of ​​the territory of the municipal district or subject of the Russian Federation, within the boundaries of which the green zone (forest cover) is established, and the population of the corresponding settlement. Standards for determining the area of ​​forest park zone and green zone are established by the Ministry of Natural Resources and Ecology of the Russian Federation.
(Clause as amended by Decree of the Government of the Russian Federation dated November 1, 2012 N 1128.

7. The boundaries of functional zones in a forest park zone, a forest park zone and a green zone are established along quarterly clearings, the boundaries of forest blocks and (or) forest taxation units.

8. Functional zones in the forest park zone are parts of the forest park zone, which are allocated in order to differentiate the regime of use, protection, protection and reproduction of forests in different parts of the forest park zone.

In a forest park zone that has well-established, stable natural landscapes, formed recreational infrastructure, or in cases where differentiation of the regime of use, protection, protection and reproduction of forests is not required, functional zones may not be allocated.

9. In the forest park area there is an active recreation area and a walking area.

In some cases, to preserve fauna habitats and restore disturbed natural landscapes, functional zones can be identified - a zone of faunal rest and a restoration zone.

10. An active recreation zone is allocated in places of the forested park zone with the greatest recreational load for the purpose of their improvement and the formation of aesthetically valuable natural landscapes of increased sustainability. The area of ​​the active recreation zone occupies up to 30 percent of the forest park area.

11. A walking zone is allocated in places of the forest park zone less visited by the population for the organization of walking and tourist routes, procurement and collection of food and non-timber forest resources in the prescribed manner. The area of ​​the walking area can be more than 70 percent of the area of ​​the forest park area.

12. A zone of faunal rest is allocated in order to ensure optimal living and breeding conditions for wild birds and animals.

13. The restoration zone is allocated in places of the forest park zone where the death of forest plantations has occurred or a significant decrease in their stability and a long-term (for at least 10 years) implementation of a set of measures for forest reproduction is required.

14. Standards for the improvement of active recreation areas and walking areas in a forested park area are established by the Ministry of Natural Resources and Ecology of the Russian Federation.
(Clause as amended by Decree of the Government of the Russian Federation dated February 4, 2011 N 50; as amended by Decree of the Government of the Russian Federation dated November 1, 2012 N 1128.

15. Preparation of documentation for the design of the boundaries of a forest park zone and (or) green zone (hereinafter referred to as design documentation) is carried out on the initiative of the interested party.
Decree of the Government of the Russian Federation of August 25, 2017 N 998.

16. In the case of development of project documentation by order of a government body of a constituent entity of the Russian Federation, project documentation is developed in the manner established by the legislation of the Russian Federation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs.
(Clause as amended, put into effect on September 5, 2017 by Decree of the Government of the Russian Federation dated August 25, 2017 N 998.

17. The design documentation includes text and graphic materials, including:

a) information about the boundaries of settlements and municipalities on the territory of which forest park zones and (or) green areas are being designed;

b) information from the state forest register on the rights to use forest areas included within the boundaries of the forest park zone and (or) green zone;

c) maps (diagrams) of the forest park zone and (or) green zone, containing a description of the location of the boundaries of land plots (parts thereof) located within the boundaries of the corresponding zone;

d) an extract from the state forest register containing a list of boundaries (blocks, allotments) of the designed forest park zone and (or) green zone, as well as information about the forest cover of the area;

e) diagram of the division of the forest park zone into functional zones.

18. When designing forest park zones and green areas, their boundaries should not include land plots with real estate objects located on them, the placement of which is not permitted by the Forest Code of the Russian Federation in forest park zones and green zones, as well as territories provided for by territorial planning documents for placement such objects.
(Clause as amended, put into effect on September 5, 2017 by Decree of the Government of the Russian Federation dated August 25, 2017 N 998.

19. Project documentation is subject to approval by the local government body of the city, rural settlement, urban district, within the boundaries of which green zones or forest park areas are established, before the government body of the constituent entity of the Russian Federation makes a decision on its approval. The period for approval of project documentation does not exceed 15 calendar days from the date of its receipt for approval by the local government body of a city, rural settlement, urban district, within the boundaries of which green zones or forest park areas are established.

Project documentation is subject to approval by the Federal Forestry Agency in the event that the establishment of the boundaries of a forest park zone or green zone leads to changes in the boundaries of other categories of protective forests, operational forests and reserve forests, by the state authority of a constituent entity of the Russian Federation before a decision is made on its approval. The term for approval of project documentation does not exceed 15 calendar days from the date of its receipt for approval by the Federal Forestry Agency.
(Clause as amended, put into effect on September 5, 2017 by Decree of the Government of the Russian Federation dated August 25, 2017 N 998.

20. The government body of the constituent entity of the Russian Federation, within 30 days from the date of submission of the project documentation, reviews it and makes a decision on its approval or on sending it for revision.
(Clause as amended, put into effect on September 5, 2017 by Decree of the Government of the Russian Federation dated August 25, 2017 N 998.

21. Functional zones in a forest park zone, the area and boundaries of a forest park zone, green zone are established by a decision of the government authority of a constituent entity of the Russian Federation on the basis of approved project documentation.

The specified decision must contain data on the areas and boundaries of the green zone, forest park zone, and functional zones included in its composition.

22. The government body of the constituent entity of the Russian Federation, within 30 days from the date of adoption of the decision provided for in paragraph 21 of these Regulations, ensures that the relevant information is entered into the state forest register in the prescribed manner.

If the exercise of powers specified in Part 1 of Article 83 of the Forest Code of the Russian Federation is not transferred in the prescribed manner to the state authorities of the constituent entity of the Russian Federation, the state authority of the constituent entity of the Russian Federation within 7 days from the date of adoption of the decision provided for in paragraph 21 of these Regulations, sends it to the Federal Forestry Agency for entering the relevant information into the state forest register in the prescribed manner.

Information on establishing the boundaries of forest park zones and green areas is entered in the prescribed manner into the state real estate cadastre at the request of the government body of the constituent entity of the Russian Federation that made the decision specified in paragraph 21 of these Regulations as information about zones with special conditions for the use of the territory.

23. Changes in the area and boundaries of functional zones in a forest park zone, forest park zone and green zone are made by decision of the government body of a constituent entity of the Russian Federation in the manner established by these Regulations.

Changing the boundaries of forest park zones and green areas, which could lead to a reduction in the area of ​​these zones, is not permitted. When changing the boundaries of forest park zones and green zones, the area of ​​excluded forest plots is compensated by the inclusion in the boundaries of these zones of forest plots, the area of ​​which is not less than the area of ​​the excluded forest plots and which are located on the territory of the same forest district (forest park) or on the territory of nearby forest districts (forest parks).

Revision of the document taking into account
changes and additions prepared
JSC "Kodeks"