Land allocation land code. Theory of everything

Transport lands are lands that are used or intended to support the activities of organizations and (or) the operation of road, sea, inland waterway, railway, air, pipeline and other types of transport and the rights to which have arisen among participants in land relations on the grounds provided for by this Code , federal laws and laws of the constituent entities of the Russian Federation.

In order to ensure the activities of organizations and the operation of railway transport facilities, land plots may be provided for:

1) placement of railway tracks;
2) placement, operation and reconstruction of buildings, structures, including railway stations, railway stations, as well as devices and other objects necessary for the operation, maintenance, construction, reconstruction, repair of above-ground and underground buildings, structures, devices and other railway facilities transport;
3) establishing rights of way.

Vacant land plots on railway right-of-way within the boundaries of railway transport lands can be leased to citizens and legal entities for agricultural use, provision of services to passengers, storage of goods, construction of loading and unloading areas, construction of railside warehouses (with the exception of warehouses for fuels and lubricants and gas stations of any type, as well as warehouses intended for storing hazardous substances and materials) and other purposes, subject to compliance with traffic safety requirements established by federal laws.

The procedure for establishing and using railway right of way is determined by the Government of the Russian Federation.

In order to ensure road activities, land plots may be provided for:

1) placement of highways;
2) placement of road service facilities, facilities intended for road activities, stationary posts of internal affairs bodies;
3) establishing rights of way for highways.

Land plots within the boundaries of highway right of way may be provided in the manner prescribed by this Code to citizens and legal entities for the placement of road service facilities. To create the necessary conditions for the use of highways and their safety, ensure compliance with road safety requirements and ensure the safety of citizens, roadside lanes of highways are created. The establishment of the boundaries of right-of-way strips of motor roads and the boundaries of roadside strips of motor roads, the use of such right-of-way and roadside strips are carried out in accordance with this Code, the legislation of the Russian Federation on highways and on road activities.

In order to ensure the activities of organizations and the operation of maritime and inland water transport facilities, land plots may be provided for:

1) placement of artificially created inland waterways;
2) placement of infrastructure facilities of seaports, river port facilities, berths, piers, hydraulic structures, and other facilities necessary for the operation, maintenance, construction, reconstruction, repair of surface and underground buildings, structures, devices and other facilities of maritime and inland water transport;
3) identification of the coastal strip.

The coastal strip of inland waterways is allocated for work related to navigation and rafting on inland waterways, outside the territories of populated areas. The procedure for allocating the coastal strip and using it is determined by the Code of Inland Water Transport of the Russian Federation.

In order to ensure the activities of organizations and the operation of air transport facilities, land plots may be provided for the location of airports, airfields, air terminals, runways, and other ground facilities necessary for the operation, maintenance, construction, reconstruction, repair of ground and underground buildings, structures, devices and other air transport facilities.

In order to ensure the activities of organizations and the operation of pipeline transport facilities, land plots may be provided for:

1) placement of ground facilities of the system of oil pipelines, gas pipelines, and other pipelines;
2) placement of ground facilities necessary for the operation, maintenance, construction, reconstruction, repair of ground and underground buildings, structures, devices and other pipeline transport facilities;
3) has become invalid.

In order to create conditions for the construction and reconstruction of road, water, rail, air and other types of transport, land reservation is carried out. The procedure for reserving land for these purposes is established by federal laws.

Land plots provided for the construction, reconstruction, and major repairs of pipeline transport facilities from land of other categories are not subject to transfer to the category of transport land and are provided for the period of construction, reconstruction, and major repairs of such facilities. For land plots where underground pipeline transport facilities are located, related to linear facilities, registration of the rights of the owners of pipeline transport facilities in the manner established by this Code is not required. Owners of land plots face restrictions on their rights in connection with the establishment of security zones for such objects.

Do you think you are Russian? Were you born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is wrong.

Are you actually Russian, Ukrainian or Belarusian? But do you think that you are a Jew?

Game? Wrong word. The correct word is “imprinting”.

The newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is characteristic of most living creatures with vision.

Newborns in the USSR saw their mother for a minimum of feeding time during the first few days, and most of the time they saw the faces of the maternity hospital staff. By a strange coincidence, they were (and still are) mostly Jewish. The technique is wild in its essence and effectiveness.

Throughout your childhood, you wondered why you lived surrounded by strangers. The rare Jews on your way could do whatever they wanted with you, because you were drawn to them, and pushed others away. Yes, even now they can.

You cannot fix this - imprinting is one-time and for life. It’s difficult to understand; the instinct took shape when you were still very far from being able to formulate it. From that moment, no words or details were preserved. Only facial features remained in the depths of memory. Those traits that you consider to be your own.

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System and observer

Let's define a system as an object whose existence is beyond doubt.

An observer of a system is an object that is not part of the system it observes, that is, it determines its existence through factors independent of the system.

The observer, from the point of view of the system, is a source of chaos - both control actions and the consequences of observational measurements that do not have a cause-and-effect relationship with the system.

An internal observer is an object potentially accessible to the system in relation to which inversion of observation and control channels is possible.

An external observer is an object, even potentially unattainable for the system, located beyond the system’s event horizon (spatial and temporal).

Hypothesis No. 1. All-seeing eye

Let's assume that our universe is a system and it has an external observer. Then observational measurements can occur, for example, with the help of “gravitational radiation” penetrating the universe from all sides from the outside. The cross section of the capture of “gravitational radiation” is proportional to the mass of the object, and the projection of the “shadow” from this capture onto another object is perceived as an attractive force. It will be proportional to the product of the masses of the objects and inversely proportional to the distance between them, which determines the density of the “shadow”.

The capture of “gravitational radiation” by an object increases its chaos and is perceived by us as the passage of time. An object opaque to “gravitational radiation”, the capture cross section of which is larger than its geometric size, looks like a black hole inside the universe.

Hypothesis No. 2. Inner Observer

It is possible that our universe is observing itself. For example, using pairs of quantum entangled particles separated in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, reaching its maximum density at the intersection of the trajectories of these particles. The existence of these particles also means that there is no capture cross section on the trajectories of objects that is large enough to absorb these particles. The remaining assumptions remain the same as for the first hypothesis, except:

Time flow

An outside observation of an object approaching the event horizon of a black hole, if the determining factor of time in the universe is an “external observer,” will slow down exactly twice - the shadow of the black hole will block exactly half of the possible trajectories of “gravitational radiation.” If the determining factor is the “internal observer,” then the shadow will block the entire trajectory of interaction and the flow of time for an object falling into a black hole will completely stop for a view from the outside.

It is also possible that these hypotheses can be combined in one proportion or another.

Land Code, N 136-FZ | Art. 90 Land Code of the Russian Federation

Article 90 of the Land Code of the Russian Federation. Transport Lands (current edition)

1. Transport lands are lands that are used or intended to support the activities of organizations and (or) the operation of road, sea, inland waterway, railway, air, pipeline and other types of transport and the rights to which have arisen among participants in land relations on the grounds provided for this Code, federal laws and laws of the constituent entities of the Russian Federation.

2. In order to ensure the activities of organizations and the operation of railway transport facilities, land plots may be provided for:

1) placement of railway tracks;

2) placement, operation and reconstruction of buildings, structures, including railway stations, railway stations, as well as devices and other objects necessary for the operation, maintenance, construction, reconstruction, repair of above-ground and underground buildings, structures, devices and other railway facilities transport;

3) establishing rights of way.

The procedure for establishing and using railway right of way is determined by the Government of the Russian Federation.

3. In order to ensure road activities, land plots may be provided for:

1) placement of highways;

2) placement of road service facilities, facilities intended for road activities, stationary posts of internal affairs bodies;

3) establishing rights of way for highways.

3.1. Land plots within the boundaries of highway right of way may be provided in the manner prescribed by this Code to citizens and legal entities for the placement of road service facilities. To create the necessary conditions for the use of highways and their safety, ensure compliance with road safety requirements and ensure the safety of citizens, roadside lanes of highways are created. The establishment of the boundaries of right-of-way strips of motor roads and the boundaries of roadside strips of motor roads, the use of such right-of-way and roadside strips are carried out in accordance with this Code, the legislation of the Russian Federation on highways and on road activities.

4. In order to ensure the activities of organizations and the operation of maritime and inland water transport facilities, land plots may be provided for:

1) placement of artificially created inland waterways;

2) placement of infrastructure facilities of seaports, river port facilities, berths, piers, hydraulic structures, and other facilities necessary for the operation, maintenance, construction, reconstruction, repair of surface and underground buildings, structures, devices and other facilities of maritime and inland water transport;

3) identification of the coastal strip.

5. In order to ensure the activities of organizations and the operation of air transport facilities, land plots may be provided for the location of airports, airfields, air terminals, runways, and other ground facilities necessary for the operation, maintenance, construction, reconstruction, repair of ground and underground buildings and structures , devices and other air transport objects.

6. In order to ensure the activities of organizations and the operation of pipeline transport facilities, land plots may be provided for:

1) placement of ground facilities of the system of oil pipelines, gas pipelines, and other pipelines;

2) placement of ground facilities necessary for the operation, maintenance, construction, reconstruction, repair of ground and underground buildings, structures, devices and other pipeline transport facilities;

3) has become invalid. - Federal Law of July 21, 2011 N 257-FZ.

The paragraph is no longer valid. - Federal Law of August 3, 2018 N 342-FZ.

7. In order to create conditions for the construction and reconstruction of road, water, rail, air and other types of transport, land reservation is carried out. The procedure for reserving land for these purposes is established by federal laws.

8. Land plots provided for the construction, reconstruction, and major repairs of pipeline transport facilities from land of other categories are not subject to transfer to the category of transport lands and are provided for the period of construction, reconstruction, and major repairs of such facilities. For land plots where underground pipeline transport facilities are located, related to linear facilities, registration of the rights of the owners of pipeline transport facilities in the manner established by this Code is not required. Owners of land plots face restrictions on their rights in connection with the establishment of security zones for such objects.

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Commentary to Art. 90 Land Code of the Russian Federation

1. Transport system facilities occupy significant land areas of the state. The legal regime of these lands primarily depends on the type and purpose of the transport facility. There are such main types of transport as road, rail, aviation, pipeline, and water. The functioning of transport systems in the Russian Federation is regulated by transport legislation, which is formed both at the federal level and at the level of constituent entities of the Russian Federation and local level. These regulations can determine the features of the use of transport land, as well as the legal regime of security zones.

2. The legal regime of transport lands is regulated in sufficient detail. Thus, the lands of railway transport, according to Art. 2 of the Federal Law of January 10, 2003 N 17-FZ "On Railway Transport in the Russian Federation", are transport lands used or intended to support the activities of railway transport organizations and (or) the operation of buildings, structures, structures and other railway transport facilities , including land plots located on railroad rights-of-way and in protected zones. The same Federal Law establishes that the right of way of railways is land plots adjacent to railway tracks, land plots intended for the placement of railway stations, drainage and strengthening devices, protective strips of forests along railway tracks, communication lines, power supply devices, production and other buildings, structures, structures, devices and other railway transport facilities. Protected zones, based on the same Law, are land plots necessary to ensure the safety, strength and stability of railway transport facilities, land plots with mobile soil adjacent to land plots intended for the placement of railway transport facilities and ensuring the protection of the railway track from snow and sand. drifts and other negative impacts.

The Federal Law on Railway Transport determines that railway transport lands must be used in accordance with land, urban planning, environmental, sanitary, fire and other legislation of the Russian Federation. The dimensions of land plots, including right-of-way, are determined by design and estimate documentation agreed upon in the manner established by the land legislation of the Russian Federation. The procedure for establishing and using rights of way is determined by the Government of the Russian Federation. In order to ensure the safe operation of railway tracks and other railway transport facilities, as well as the safety of the population, railway workers and passengers, security zones are established in places prone to landslides, landslides, erosion, mudflows and other negative impacts, and in areas where high-speed trains operate. The procedure for establishing and using security zones is determined by the Government of the Russian Federation.

In addition, Art. 135 of the RF LC establishes that tree and shrub vegetation located on railway transport lands is intended to protect railway lines from adverse natural phenomena, prevent environmental pollution, and reduce the noise impact of railway transport.

Federal Law No. 69-FZ of March 31, 1999 “On Gas Supply in the Russian Federation” establishes that land plots for the construction, operation and repair of gas supply system facilities are transferred to organizations that own gas supply systems in the manner prescribed by the legislation of the Russian Federation.

Organizations that manage gas supply system facilities located in forests are obliged to:

carry out the planned work, cut down trees (shrubs) in the security zones of gas supply system facilities and outside such zones in the manner established by the forestry legislation of the Russian Federation.

If an accident or catastrophe occurs at a gas supply system facility, the organization that is the owner of such a system or an operating organization authorized by it has the right to unhindered delivery of the necessary forces and means to the site of the accident, catastrophe and is obliged to fully compensate for the damage caused by it to the owner of the land plot through whose territory the delivery was carried out necessary forces and means.

On land plots classified as transport lands, security zones are established with special conditions for the use of such land plots. The boundaries of security zones of gas supply system facilities are determined on the basis of building codes and regulations, rules for the protection of main pipelines, and other normative documents approved in the prescribed manner. Owners of these land plots during their economic use cannot build any buildings, structures, or structures within the established minimum distances to gas supply system facilities without agreement with the organization that owns the gas supply system or an organization authorized by it; such owners do not have the right to obstruct the organization that owns the gas supply system or the organization authorized by it in carrying out work on maintenance and repair of gas supply system facilities, eliminating the consequences of accidents and disasters that have occurred on them.

4 - 6. The use of water transport lands is regulated, among other things, by the Code of Inland Water Transport of the Russian Federation of March 7, 2001 N 24-FZ. Article 10 of this Code regulates the use of surface water bodies for the purposes of water transport, the use of the coastal strip within inland waterways and land plots used or occupied by inland water transport authorities.

Judicial practice under Article 90 of the RF Land Code:

Decision of the Supreme Court: Determination N 306-КГ17-2227, Judicial Collegium for Economic Disputes, cassation
The reference in the complaint to the unreasonable application of paragraph 8 of Article 90 of the Land Code of the Russian Federation was the subject of consideration by the district court and was rightly rejected. The arguments of the cassation appeal essentially represent the legal position of the department on the case, were discussed by the courts and received a proper assessment...
Decision of the Supreme Court: Determination N 307-КГ16-14612, Judicial Collegium for Economic Disputes, cassation
Features of regulation of issues related to the use of land plots on which underground pipeline transport facilities are located, related to linear facilities, and with the acquisition of rights to such plots, are provided for in Article 90 of the Land Code of the Russian Federation (hereinafter referred to as the Land Code of the Russian Federation). In accordance with paragraph 8 of Article 90 of the Land Code of the Russian Federation, for land plots where underground pipeline transport facilities related to linear facilities are located, registration of the rights of the owners of pipeline transport facilities in the manner established by this Code is not required...
Decision of the Supreme Court: Determination N VAS-16146/13, Collegium for Civil Legal Relations, supervision
This right is exercised by them in the manner and under the conditions established by the Land Code and federal laws (clause 1 of Article 36 of the Land Code of the Russian Federation). By virtue of paragraphs 1, 2 of Article 90, subparagraph 7 of paragraph 5, paragraph 2 of Article 27 of the Land Code of the Russian Federation, land plots in the railroad right of way are limited in circulation and are not subject to transfer to private ownership...

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Land of this type includes land plots provided to ensure the activities of organizations and the operation of maritime and inland water transport facilities for:

· placement of artificially created inland waterways;

· placement of sea and river ports, berths, piers, hydraulic structures, and other facilities necessary for the operation, construction, construction, reconstruction, repair, development of above-ground and underground buildings, structures, structures, devices and other objects of maritime and inland water transport;

· highlighting the coastal strip.

The use of land by inland water transport, including the procedure for allocating the coastal strip and using it, is regulated by the Code of Inland Water Transport of the Russian Federation. (KVVT dated 03/07/2001 No. 24-FZ as amended on 06/29/2004))

Coastal strip of inland waterways allocated for work related to navigation and rafting on inland waterways outside the territory of settlements.

Coastal strip – a strip of land 20 m wide from the edge of the water deep into the shore at the average long-term water level on free rivers and the normal water level on artificially created inland waterways. On a coast with a slope of more than 45 degrees, the coastal strip is determined from the edge of the coast deep into the coast.

Inland water transport organizations have the right to use the coastal strip free of charge for work related to navigation. Special conditions for using the coastal strip are established by the Government of the Russian Federation. The regulation on special conditions for using the coastal strip of inland waterways of the Russian Federation was approved by Decree of the Government of the Russian Federation of February 6, 2003 No. 71.

The use of the coastal strip of inland waterways is characterized by a number of restrictions.

1. Persons using the coastal strip for temporary work, after their completion, are obliged to clean the coastal strip and equip it.

2. It is not allowed to carry out economic activities or other activities on it if they are incompatible with ensuring the safety of navigation. It is prohibited to install any permanent lights on the shoreline. Owners of temporary lights must coordinate their installation with the basin government authority for inland water transport.

3. The provision of land plots located within the coastal strip, the construction of any buildings, structures, structures on them are carried out in agreement with the basin government authority for inland water transport.

4. It is prohibited to leave unattended vessels and structures in the water area and on the coastal strip within inland waterways that negatively affect the condition of inland waterways and the coastal strip and impede their use.

The right to use the coastal strip does not apply to specially protected natural areas, territories of hydraulic structures, land plots on which reclamation structures are located, right of way of roads and railways, and other lands provided for by law.

Basin authorities in inland water transport has the right to use the coastal strip

To carry out work to ensure navigation,

Install coastal navigational aids on the shoreline,

To cut down trees and bushes on the coastal strip to ensure the safety of navigation, including the visibility of coastal navigation equipment,

And also for geodetic justification when surveying sections of river beds.

1. Transport lands are lands that are used or intended to support the activities of organizations and (or) the operation of road, sea, inland waterway, rail, air and other modes of transport and the rights to which have arisen among participants in land relations on the grounds provided for by this Code , federal laws and laws of the constituent entities of the Russian Federation.

2. In order to ensure the activities of organizations and the operation of railway transport facilities, land plots may be provided for:

1) placement of railway tracks;

3) establishing rights of way and security zones for railways.

The procedure for establishing and using rights of way and security zones of railways is determined by the Government of the Russian Federation.

3. In order to ensure road activities, land plots may be provided for:

1) placement of highways;

2) placement of road service facilities, facilities intended for road activities, stationary posts of internal affairs bodies;

3) establishing rights of way for highways.

3.1. Land plots within the boundaries of highway right of way may be provided in the manner prescribed by this Code to citizens and legal entities for the placement of road service facilities. To create the necessary conditions for the use of highways and their safety, ensure compliance with road safety requirements and ensure the safety of citizens, roadside lanes of highways are created. The establishment of the boundaries of right-of-way strips of motor roads and the boundaries of roadside strips of motor roads, the use of such right-of-way and roadside strips are carried out in accordance with the legislation of the Russian Federation on highways and on road activities.

4. In order to ensure the activities of organizations and the operation of maritime and inland water transport facilities, land plots may be provided for:

1) placement of artificially created inland waterways;

2) placement of sea and river ports, berths, piers, hydraulic structures, and other facilities necessary for the operation, maintenance, construction, reconstruction, repair of surface and underground buildings, structures, devices and other facilities of maritime and inland water transport;

3) identification of the coastal strip.

6. In order to ensure the activities of organizations and the operation of pipeline transport facilities, land plots may be provided for:

1) placement of ground facilities of the system of oil pipelines, gas pipelines, and other pipelines;

3) has become invalid. - Federal Law of July 21, 2011 N 257-FZ.

The boundaries of the security zones on which gas supply system facilities are located are determined on the basis of building codes and regulations, rules for the protection of main pipelines, and other normative documents approved in the prescribed manner. On the specified land plots, during their economic use, the construction of any buildings, structures, structures within the established minimum distances to gas supply system facilities is not allowed. It is not allowed to interfere with the organization that owns the gas supply system or the organization authorized by it in performing work on maintenance and repair of gas supply system facilities, eliminating the consequences of accidents and disasters that occur on them.