7.2.1. Territorial features of modern accommodation
specially protected areas
To ensure the stability of the territory, a necessary condition is the formation of an optimal ecological framework, the key links of which are specially protected natural areas. Analysis of the existing network of specially protected natural areas (PAs) showed an insufficient degree of provision of the republic with specially protected natural areas. The existing network of protected areas is of an island nature, nature protection objects are cut off from each other and are not connected by green corridors necessary to form an ecological framework.
The creation and development of the republican system of protected areas is one of the most important tasks of territorial planning and is aimed at preserving unique and typical ecosystems, the gene pool of animals and plants. Considering that the Middle Volga region is classified as a priority in terms of the importance of preserving the biological diversity of Russia, the formation of a system of specially protected natural areas in the Republic of Mari El, characterized by a significant species diversity of flora and fauna, an abundance of clean lakes and rivers of unique importance, is of particular importance.
The total area of the nature reserve fund is currently 114.3 thousand hectares or 4.9% of the territory of the republic, which is not enough to maintain ecological balance in the urban development of the territory under consideration.
The category of specially protected natural areas includes the state natural reserve "Bolshaya Kokshaga" (21.5 thousand hectares), the state institution National Park "Mari Chodra" - 36.6 thousand hectares, recreational lands - recreation centers, sanatoriums, and etc. - 0.5 thousand hectares. Natural reserves and natural monuments of regional significance with a total area of 55.9 thousand hectares are part of the forest fund and agricultural lands.
At present, the structure of PAs of regional significance is made up of state nature reserves and state natural monuments, whose share in the total nature conservation fund is about 65%. Especially numerous are natural monuments, the legal status of which is not always defined (Table 7.3).
The modern network of specially protected natural areas of the Republic of Mari El as of 01.01.2006
Table 7.3
| SPNA category | Federal significance | The regional meaning | Local significance | Total |
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| Quantity | Square, | If-honest- | Square, | Number of | Square, ha | Quantity | Square, |
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| Nature reserves | 1 | 21554 | - | - | - | - | 1 | 21554 |
| National natural parks | 1 | 36875 | 1 | 36875 |
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| Reserves | 9 | 38050 | 9 | 38050 |
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| Natural Monuments | - | - | 52 | 16980 | 52 | 16980 |
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| Botanical gardens | - | - | 1 | 72 | - | 1 | 72 |
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| Urban forests | 800 | 800 |
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| Total | 2 | 58429 | 62 | 55102 | 3 | 800 | 69 | 114331 |
| % of the area of the republic | 2,5 | |||||||
In recent years, there has been a negative trend towards a decrease in the area of specially protected natural areas. Compared to the data as of 01.01.2003, the area of protected areas has decreased by 56.1 thousand hectares. In accordance with the decrees of the Government of the Republic of Mari-El, 4 natural reserves of regional significance ceased to exist: the zoological reserve "Vasilsurskie Dubravy" (decree of the Government of the Republic of Mari El dated 04.03.2005 No. 59), the biological reserve "Polevoy" (decree of the Government of the Republic of Mari El dated 04.03.2005 No. 59) biological reserve "Ustye-Kundyshsky" (Decree of the Government of the Republic of Mari El dated 18.05.2004 No. 145), biological reserve "Peksheevsky" (Decree of the Government of the Republic of Mari El dated 04.03.2005 No. 59). Table 7.4 provides a description of the existing protected natural objects.
Protected natural areas network
Republic of Mari El
as of 01.01.2006
Table 7.4
| P / p No. | Category, status and name of protected areas | Location | Square thousand ha | Year of foundation | Purpose of creation | Development prospects |
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| State nature reserves of federal significance |
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| 1 | "Bolshaya Koksha-ga" | », | 21,55 | 1993 | Biosphere. Conservation and study of typical natural complexes of the Mari lowland | Expanding boundaries |
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| National nature parks of federal significance |
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| 1 | "Mari Chodra" | Volzhsky municipal district | 36,88 | 1985 | Protection of natural complexes, use for recreational and scientific purposes. | |||
| State nature reserves and natural monuments of regional significance |
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| 1 | "Lebe-tribute" | Municipal District "Zvenigovsky Municipal District" | 1,67 | 1977 | Forest reclamation. Preservation of the unique coniferous-deciduous forest in the left-bank floodplain of the river. Big Kokshaga. | |
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| 2 | "Maryersky" | Municipal District "Zvenigovsky Municipal District" | 0,2 | 1982 | Biological. Protection of water walnut - chilim, listed in the Red Book of Russia and a number of other countries. | Preservation in existing boundaries |
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| 3 | "Kumynsky" | Municipal District "Kilemarsky Municipal District" | 15,5 | 1979 | Biological. Protection, control and regulation of the use of game animals | Preservation in existing boundaries |
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| 4 | "Stone Mountain" | Morkinsky municipal district | 1,3 | 1997 | Complex nature reserve | Preservation in existing boundaries |
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| 5 | "Emeshevsky" | | 5,8 | 1994 | Biological reserve. Protection, control and regulation of the use of game animals (bobak). | Preservation in existing boundaries |
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| 6 | "Mountain Zadelye" | MO "Kuzhenersky municipal district" | 0,56 | 1997 | Complex designation for the preservation of a unique "mountain" landscape with adits, stone quarries and rare plant species. | |||
| 7 | "Toga-shev-skiy" | "MO" Kilemarsky municipal district | 3,4 | 2000 g | Biological. Conservation, restoration of habitats and numbers of rare and endangered species of animals (populations of long-toed crayfish) and plants. On the territory of the reserve there is a male monastery "Trinity-Sergievskaya hermitage". | |||
| 8 | "Morkinsky" | Morkinsky municipal district | 9,5 | 2002 | Biological. Protection and reproduction of valuable game animals. | |||
| 9 | "Cold Key" | | 0,12 | 2002 | Biological. Conservation of rare plant species. | |||
| Total: | 38,5 | |||||||
| I | Natural Monuments |
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| 1 | Maple Mountain | is part of NP "Mari Chodra" MO "Volzhsky Municipal District. | 0,4 | 1976 | Botanical GPP, scientific and recreational value |
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| 2 | "Swamp Berezo-voe" | Volzhsky municipal district municipal district. is part of NP "Mari Chodra" | 0,03 | 1986 . | Zoological State Park, protection of rare and valuable waterfowl |
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| 3 | "Iron Swamp" | is part of NP "Mariy Chodra" "MO" Volzhsky municipal district. | 0,4 | 1986 year | Zoological National Park, protection of rare and valuable waterfowl. |
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| 4 | "Spring Green Key" | Part of N / P "Mariy Chodra" | - | 1976 year | Water GSP |
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| 5 | Lake Shungaldan- | Part of N / P "Mariy Chodra" | 0,9 | 1983 year | Water GSP |
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| 6 | Lake Glukhoe | Part of N / P "Mariy Chodra" | 0,03 | 1976 year | Water GSP |
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| 7 | Lake Yalchik | Part of N / P "Mariy Chodra" | 0,14 | 1976 year | Water GSP |
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| 8 | Lake Kichier | Part of NP "Mari Chodra" | 0,05 | 1976 year | Water GSP |
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| 9 | Klenovogorskaya oak forest | Part of N / P "Mariy Chodra" | 0,02 | Botanical GPP, |
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| Total | 1,07 | |||||||
| 10 | Swamp Big | Municipal District "Zvenigovsky Municipal District" | 0,75 | 1987 year | |
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| 11 | Marsh swamp | Municipal District "Zvenigovsky Municipal District" | 0,82 | 1987 year | Integrated gearbox. Water protection value, protection of forage lands for upland game |
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| 12 | Swamp Sorochinskoe- | Municipal District "Zvenigovsky Municipal District" | 0,15 | 1987 year | Integrated gearbox. Water protection value, protection of forage lands for upland game |
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| 13 | Lake Tair | Municipal District "Zvenigovsky Municipal District" | 0,05 | 1976 year | Water GSP |
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| 14 | Lake Chanterelle-no | Municipal District "Zvenigovsky Municipal District" | 0,02 | 1976 year | Water GSP |
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| 15 | Lake Shordoer | Municipal District "Zvenigovsky Municipal District" | 0,01 | 1976 year | Water GSP |
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| 16 | Lake Small Marier | Municipal District "Zvenigovsky Municipal District" | 0,02 | 1976 year | Water GSP |
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| 17 | Lake Big Marier | Municipal District "Zvenigovsky Municipal District" | 0,09 | 1976 year | Water GSP |
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| 18 | Lake Maly Martyn | Municipal District "Zvenigovsky Municipal District" | 0,01 | 1976 year | Water GSP |
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| 19 | Shuika River- | Municipal District "Zvenigovsky Municipal District" | 0,06 | 1987 year | Ichthyological GLP, conservation of the grayling population, has scientific significance |
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| 20 | Mount Karman Kuryk | Municipal District "Zvenigovsky Municipal District" Part of NP "Mari Chodra" | 0,04 | 1976 year | The mountain slopes covered with trees, shrubs and grassy vegetation are subject to protection. " |
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| 21 | Lake Black (Shooter) | Municipal District "Zvenigovsky Municipal District" | 0,01 | 1976 year | Water GSP |
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| 22 | Lake Krugloye (Jyrgeschkeer) | Part of the NP "Mari Chodra" | 0,01 | 1976 year | Water GSP |
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| 23 | Lake Cougier (Long) | Municipal District "Zvenigovsky Municipal District" Part of the NP "Mari Chodra" | 0,02 | 1976 year | Water GSP |
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| 24 | Reference scaffolding | Municipal District "Paranginsky Municipal District" | 0,05 | 1994 year | Botanical GPP |
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| 25 | Ireka river | Municipal District "Mari-Turek Municipal District" | 0.04 | 1996 year | Ichthyological GPP |
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| 26 | Larch forests | MO "Sernur Municipal District" | 0,003 | 1976 year | Botanical GPP |
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| 27 | Stone mountain | MO "Kuzhenersky municipal district" | 0,02 | 1997 year | ||||
| 28 | Reference spruce stands | MO "Kuzhenersky municipal district" | 0,02 | 1986 year | Botanical GSP, protection of tree and shrub vegetation. Has scientific and educational value |
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| 29 | Nolkin stone | MO "Kuzhenersky municipal district" | 0,01 | 1986 year | Protection of bedrocks of the Kazan stage of the Permian system, rare plant species. |
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| 30 | Lake Tabashinskoe | MO "Orsha Municipal District". | 0,03 | 1976 year | Water GSP |
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| 31 | Swamp Crioule | Municipal District "Medvedevsky Municipal District" | 0,06 | 1987 year | Integrated gearbox. Water protection value, protection of forage lands for upland game |
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| 32 | Swamp Martyn | Municipal District "Medvedevsky Municipal District" | 0,8 | 1987 year | Integrated gearbox. Water protection value, protection of forage lands for upland game |
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| 33 | Lake Big Martyn | Municipal District "Medvedevsky Municipal District" | 0,07 | 1976 | Water GSP |
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| 34 | Siberian larch grove | Municipal District "Kilemarsky Municipal District" | 0,7 | 1987 year | Botanical GPP |
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| 35 | Madara swamp | Municipal District "Kilemarsky Municipal District" | 0,23 | 1976 year | Integrated gearbox. Water protection value, protection of forage lands for upland game |
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| 36 | Swamp Kuplangskoe | Municipal District "Kilemarsky Municipal District" | 4,99 | 1987 year | Integrated gearbox. Water protection value, protection of forage lands for upland game |
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| 37 | Tyr Swamp | Municipal District "Kilemarsky Municipal District" | 1,05 | 1976 year | Integrated gearbox. Water protection value, protection of forage lands for upland game |
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| 38 | Lake Shamyar | Municipal District "Kilemarsky Municipal District" | 0,09 | 1976 year | Water GSP |
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| 39 | Lake Kumyary | Municipal District "Kilemarsky Municipal District" | 0,12 | 1976 year | Water GSP |
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| 40 | Lake Luziar | Municipal District "Kilemarsky Municipal District" | 0,1 | 1976 year | Water GSP |
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| 41 | Upland oak grove | MO "Gornomariyskiy municipal district" | 0,01 | 1985 year | Botanical GPP |
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| 42 | Cedar grove | MO "Gornomariyskiy municipal district" | 0,4 | 1976 year | Botanical GPP |
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| 43 | Swamp Karasyar | MO "Gornomariyskiy municipal district" | 1,6 | 1987 year | Integrated gearbox. Water protection value, protection of forage lands for upland game |
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| 44 | Bolsheozerskoe swamp | MO "Gornomariyskiy municipal district" | 1,26 | 1976 year | Integrated gearbox. Water protection value, protection of forage lands for upland game |
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| 45 | Lake Nuhyar | MO "Gornomariyskiy municipal district" | 0,03 | 1976 year | Water GSP |
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| 46 | Lake Karasyar | MO "Gornomariyskiy municipal district" | 0,03 | 1976 year | Water GSP |
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| 47 | Wolf Swamp | MO "Gornomariyskiy municipal district" | 1,4 | 1976 year | Integrated gearbox. Water protection value, protection of forage lands for upland game |
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| 48 | Sheremetev park | | 0,01 | 1994 year | Landscape GSP, historical and cultural significance |
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| 49 | Suspended Swamp | MO "Yurinsky municipal district" | 0,8 | 1976 year | Integrated gearbox. Water protection value, protection of forage lands for upland game |
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| 50 | Swamp Shidyar (Turilovskoe bog) | MO "Yurinsky municipal district" | 1,01 | 1976 year | Integrated gearbox. Water protection value, protection of forage lands for upland game |
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| 51 | Lake Gusinets | MO "Yurinsky municipal district" | 0.01 | 1994 year | Water GSP |
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| 52 | Lake Light | MO "Yurinsky municipal district" | 0.01 | 1994 year | Water GSP |
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| 53 | Botanical Garden- (natural monument) | GO "City of Yoshkar-Ola" | 0.07 | 1939 H | Botanical GPP |
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| Total | 17,05 | |||||||
| Total protected areas of regional significance | 55,102 | |||||||
Analysis of the existing network of specially protected natural areas showed a very low degree of provision of the Okrug with specially protected natural areas - 4.9%. (7.3% in 2002). The distribution of specially protected areas across administrative regions is extremely uneven. For most of the protected areas, the optimal areas have not been observed to ensure the preservation of typical states, regimes and inter-component connections in ecosystems of different types. An example is the Maryersky reserve, created with the aim of protecting the water walnut, which is listed in the Red Book of Russia. There are also certain difficulties associated with taking into account and monitoring the protection regime, due to the large number of natural monuments (more than 50), scattered over the territory and having no fixed boundaries.
To preserve the stability of natural ecological systems, a prerequisite is the presence of an optimal ecological framework in the form of specially protected natural areas (SPNA). A correctly formed network of protected natural areas solves the problem of preserving in an unchanged state unique natural complexes and objects typical of various geographic zones and subzones of natural landscape complexes, the biological diversity of the gene pool of flora and fauna.
Justification of project proposals for land reservation for specially protected natural areas
regional significance
The implementation of urban planning activities should be carried out taking into account the requirements of environmental protection and environmental safety, in connection with which, the territorial planning scheme provides for maximum compliance with the protection regime of existing protected areas, an increase in the area of land for environmental purposes by creating new protected areas and expanding the area of existing facilities
To expand the network of protected areas in a number of districts of the Republic, the Mari State University conducts scientific research and field surveys to identify especially valuable natural complexes, rare species of plants and animals listed in the Red Data Books of Russia and the Republic of Mari El, the research results are used to substantiate the need to preserve the existing ones and organize new protected objects. The planned increase in the area of specially protected natural areas is aimed at ensuring the ecological stability of the territory of the republic.
Proposed options for organizing protected areas of regional significance for the first stage.
1. Creation of a complex nature reserve "Vasilsurskie Dubravy" on the territory of the municipal district "Gornomariyskiy region" with the withdrawal of agricultural land with an area of 12,000 hectares (on the territory of the zoological reserve "Vasilsurskie Dubravy" ).
In the western part of the Gornomariyskiy region, on the right bank of the Volga, on the territory of the former zoological reserve, unique forests with upland oak forests and ash-trees have been preserved, rare species of flora and fauna are noted, the relief and hydrographic network are peculiar. The declaration of the territory as an integrated (landscape) reserve is necessary for the preservation and restoration of the natural complex as a whole.
The purpose of creating an integrated nature reserve "Vasilsurskie Dubravy:
Protection and restoration of unique mountain oak forests;
Protection of the habitat of hunting species of animals;
Protection of rare and endangered plant species;
Preservation of the natural complex of the right bank of the Sura River as a whole.
2. Creation of a complex nature reserve "Zavolzhsky" on the territory of the municipal district "Zvenigovsky Municipal District" without withdrawing from the land of the Kokshay forestry enterprise, with an area of 2000 hectares.
Within the nature reserve, it is envisaged to organize a natural and historical complex of regional significance "Zavolzhskaya Lesnaya Dacha". The main function of the reserve is to preserve water-protective forests, which are of key environmental and resource-protective significance. In the projected system of protected areas of the republic, the object is necessary as a key link in the ecological framework - a site of coniferous-deciduous forests in the interfluve of the mouths of the Bolshaya Kokshaga and Malaya Kokshaga rivers.
3. Expansion of the boundaries of the Gornoe Zadelye complex state nature reserve, located on the territory of the Kuzhenersky municipal district on the lands of the Kuzhenersky forestry enterprise.
The area of the complex state nature reserve "Gornoe Zadelye", within the current borders, is 560 hectares. To effectively protect the landscapes of the elevated part of the Vyatka Uval, it seems expedient to expand the boundaries of the Gornoe Zadelye complex state nature reserve, created to preserve the unique "mountain" landscape with quarry adits and rare plant species included in the Red Data Books of Russia and the Republic of Mari El. The proposed boundaries of the reserve include the natural monument "Tract Nolkin Kamen", located on the spurs of the Vyatka-Mari swell, as well as the valley and terraces of the river. Zero. The total area of the reserve will be 1100 hectares.
An increase in the area of the reserve and the organization of a protective zone will ensure the stable functioning of this territory as a natural reserve of scientific, educational, ecological and recreational significance.
4. Creation of a complex nature reserve "Ustye-Kundyshsky" on the territory of the municipal district "Medvedevsky District" without withdrawing from agricultural land with an area of 8000 hectares (on the territory of the liquidated biological reserve "Ustye-Kundyshsky" decree of the Government of the Republic of Mari El dated 05/18/2004 No. No. 145).
The purpose of organizing the reserve is the preservation and restoration of natural complexes on the right bank of the river. Malaya Kokshaga, playing a key role in ensuring ecological balance.
Proposed options for organizing protected areas of regional significance for the estimated period.
1. Organization of the natural park "Vyatskiye Uvaly" on the territory of the municipal district "Morkinsky municipal district" and the municipal district "Kuzhenersky municipal district" without withdrawing from the lands of the forest fund, with an area of 20,000 hectares.
The allocated territory is located in the area of coniferous-broad-leaved and spruce-fir forests in the southern part of the Vyatka-Mari swell and is extremely important for maintaining the balance of natural processes in the biosphere. The forests of Vyatskiye Uvalov perform an important environment-forming function for the entire region, they are a regulator of the water balance of the territory, affect the formation of the climate, and prevent the development of exogenous geological processes. A significant species diversity of flora and fauna, an abundance of rivers and streams, which are of unique importance for the water regime, make it promising to use the planned park for recreation purposes.
The main functions of the natural park are the preservation of the natural complexes of Vyatskiye Uvaly, the habitat of hunting species of animals, the protection of rare plant species, the preservation and use of recreational resources, environmental monitoring, and research activities.
2. Creation of an integrated nature reserve "Bolshoi Maryersky".
The complex nature reserve "Bolshoy Maryersky" is organized on the territory of the municipal district "Zvenigovsky Municipal District" without withdrawing from the lands of the State Forest Fund of the Kokshay forestry enterprise with a total area of 10,000 hectares.
In the projected PA system of the Okrug, the site is needed as a key link in the ecological framework - a site of typical wetlands and unique lakes preserved in their natural state.
The territory for the creation of an integrated reserve is allocated in the middle reaches of the river. B. Kokshaga and includes the biological reserve Maryersky, with an area of 0.2 hectares and 7 natural monuments: lakes Bolshoi Marier, Maly Marier, Lisichkino, Shordoer; swamps Sorochinskoe, Maryerskoe, Bolshoye. The preservation of 8 independent small-sized objects is very problematic, in this connection, their inclusion in the common boundaries of a single specially protected area will ensure the maintenance of the ecological balance of the territory.
The main tasks of the projected reserve:
preservation and restoration of natural complexes: marsh and lake;
preservation and restoration of the number of game animals;
preservation of habitats of endangered and rare animal species;
systematic carrying out of biotic measures, regime and accounting work in order to create favorable conditions for the preservation, restoration and reproduction of protected objects of flora and fauna;
preservation of the natural complex of the reserve as a whole.
As a result of the proposed expansion and redistribution of protected areas, the area of specially protected natural areas will be 160 thousand hectares (6.8% of the republic's area).
To expand the reserve fund of the republic, it is necessary to increase the territory of specially protected natural areas of federal significance: the state nature reserve "Bolshaya Kokshaga" in order to create a biosphere reserve; National Park "Mari Chodra" in order to increase the recreational part of the park along the river. Ilet. Expansion of the territory of the state natural reserve and national park is established by a decree of the Government of the Russian Federation.
In order to create new and expand the existing lands of specially protected natural areas, the state authorities of the Republic of Mari El must make a decision on the reservation of lands, which are supposed to be declared lands of specially protected natural areas - the complex nature reserve "Vasilsurskie Dubravy". The land plot as part of agricultural land is subject to transfer to the lands of specially protected natural areas.
Resolution of the Government of the Russian Federation of February 19, 2015 N 138
"On the approval of the Rules for the creation of protection zones of certain categories of specially protected natural areas, the establishment of their boundaries, the determination of the regime for the protection and use of land plots and water bodies within the boundaries of such zones"
In accordance with Article 2 of the Federal Law "On Specially Protected Natural Areas", the Government of the Russian Federation decides:
1. To approve the attached Rules for the creation of protection zones for certain categories of specially protected natural areas, the establishment of their boundaries, the determination of the regime for the protection and use of land plots and water bodies within the boundaries of such zones.
2. The implementation of the powers provided for by this resolution is carried out within the limits established by the Government of the Russian Federation for the number of employees in the central offices and territorial bodies of the relevant federal executive bodies and budgetary allocations provided by it in the federal budget for leadership and management in the sphere of established functions.
Rules
creation of protection zones of certain categories of specially protected natural areas, establishment of their boundaries, determination of the regime of protection and use of land plots and water bodies within the boundaries of such zones
(approved by the decree of the Government of the Russian Federation of February 19, 2015 N 138)
With changes and additions from:
I. General Provisions
1. These Rules determine the procedure for creating protected zones of state natural reserves, national parks, natural parks and natural monuments (hereinafter referred to as protected zones), establishing their boundaries, determining the regime for the protection and use of land plots and water bodies within the boundaries of such zones.
2. Protected zones are created to prevent adverse anthropogenic impacts on state nature reserves, national parks, natural parks and natural monuments on adjacent land plots and water bodies.
3. Land plots that are included in the boundaries of the security zone are not withdrawn from owners, land users, landowners and tenants and are used by them in compliance with the special legal regime established for such land plots.
4. When determining the width and configuration of the security zone, the following shall be taken into account:
natural and climatic conditions and socio-economic development of the constituent entity of the Russian Federation, on the territory of which it is planned to create a buffer zone;
features of the functional zoning of a national park or natural park;
being in the territory planned for the creation of a security zone, lands of settlements, industrial, transport and other economic objects, deposits and manifestations of minerals, linear objects and utilities, land plots provided for maintaining personal subsidiary farming, gardening, truck farming, individual garage and individual housing construction, placement on such territory of cemeteries, cattle burial grounds, disposal sites for production and consumption waste, chemical, explosive, toxic, poisonous and poisonous substances, radioactive waste disposal sites;
information on the types and purposes of objects of federal significance, objects of regional significance and objects of local significance planned for placement in the territory where it is planned to create a security zone, their main characteristics specified in the provisions on territorial planning contained in the approved territorial planning documents, as well as types the possible negative impact on the environment of these facilities and the characteristics of zones with special conditions for the use of territories in the event that the establishment of such zones is required in connection with the location of these facilities;
the configuration of drainage basins and the coastline of water bodies located in the territory planned for the creation of a buffer zone;
the state of natural complexes and objects on the territory planned for the creation of a protected zone, their value.
5. The regime of protection and use of land plots and water bodies within the boundaries of protected zones (hereinafter referred to as the regime of protected zones) is established by the regulation on the corresponding protected zone, which is approved by the state authority that makes the decision on its creation.
6. Information about the boundaries of the protected zones is subject to entry into the state real estate cadastre in accordance with article 10 of the Federal Law "On the State Real Estate Cadastre".
7. The boundaries of the security zones are marked on the ground with special warning notices and information signs.
8. Changing the boundaries of security zones, as well as the regime of security zones, is carried out in the same order as their creation.
II. Creation of protection zones of state nature reserves, national parks and natural monuments of federal significance and the establishment of their boundaries
9. Decisions on the creation of protection zones of state nature reserves, national parks and natural monuments of federal significance and on the establishment of their boundaries are taken by the Ministry of Natural Resources and Ecology of the Russian Federation.
10. Protected zones of state nature reserves, national parks and natural monuments of federal significance cannot be located within the boundaries of specially protected natural areas of federal significance.
11. The minimum width of the protected zone of a state nature reserve or national park is one kilometer.
12. The Ministry of Natural Resources and Environment of the Russian Federation, taking into account paragraphs 4, and these Rules, prepares a decision on the creation of a protected zone of a state natural reserve, a national park or a natural monument of federal significance, on the establishment of its boundaries and approval of the provision on it in the form of a draft order (hereinafter - draft order), as well as an explanatory note to the draft order justifying the need to create such a security zone and establish its boundaries.
13. An explanatory note to the draft order must include information on the coordinates of the characteristic points of the boundaries of the created protected zone of the state natural reserve, national park or natural monument of federal significance and its schematic map.
14. The draft order and an explanatory note to it are sent for approval:
to the head of the highest executive body of state power of the constituent entity of the Russian Federation, on the territory of which a protected zone of a state natural reserve, a national park or a natural monument of federal significance is being created;
The Ministry of Agriculture of the Russian Federation;
The Ministry of Transport of the Russian Federation (if it is assumed that within the boundaries of the created buffer zone of a state natural reserve, national park or natural monument of federal significance there will be fully or partially land plots on which objects of transport infrastructure of federal significance are located, or land plots intended for reconstruction and construction of these facilities in accordance with the territorial planning scheme of the Russian Federation and (or) documentation for the planning of the territory, as well as if it is assumed that the created buffer zone will be fully or partially located within the boundaries of the internal sea waters of the Russian Federation, the territorial sea of the Russian Federation and (or) on inland waterways of the Russian Federation);
The Federal Security Service of the Russian Federation (if it is planned to create a protected zone of a state natural reserve, national park or natural monument of federal significance within the border territory defined in accordance with Article 3
Federal Agency for Subsoil Use;
Federal Agency for Water Resources;
Federal Forestry Agency.
15. The state authorities specified in paragraph 14 of these Rules, and the head of the supreme executive body of state power of the constituent entity of the Russian Federation, on the territory of which a protected zone of a state natural reserve, national park or natural monument of federal significance is created, shall consider the draft order and within 30 days the period from the date of its receipt is coordinated or submitted to the Ministry of Natural Resources and Ecology of the Russian Federation a motivated refusal to agree with the attachment of comments.
16. Upon approval of the draft order by the state authorities specified in paragraph 14 of these Rules and by the head of the highest executive body of state power of the constituent entity of the Russian Federation, on the territory of which a protected zone of a state natural reserve, national park or natural monument of federal significance is created, the Ministry of Natural Resources and ecology of the Russian Federation decides to create such a protected zone.
17. If a reasoned refusal to approve is presented, the Ministry of Natural Resources and Environment of the Russian Federation finalizes the draft order taking into account the comments and sends it for reconciliation to the state authorities specified in paragraph 14 of these Rules and to the head of the supreme executive body of state power of the constituent entity of the Russian Federation, to the territory of which a protected zone of a state natural reserve, a national park or a natural monument of federal significance is being created.
18. Information about the created protected zones of state nature reserves, national parks and natural monuments of federal significance is posted by the Ministry of Natural Resources and Ecology of the Russian Federation and federal state budgetary institutions that manage the corresponding state nature reserves and national parks, on their official websites in the information and telecommunication the Internet.
III. Creation of protection zones of natural parks and natural monuments of regional significance and the establishment of their boundaries
19. Decisions on the creation of protection zones of natural parks and natural monuments of regional significance and on the establishment of their boundaries are made by the highest official of the constituent entity of the Russian Federation (the head of the supreme executive body of state power of the constituent entity of the Russian Federation).
20. Protected zones of natural parks and natural monuments of regional significance cannot be located within:
specially protected natural areas of federal and regional significance;
protected zones of state nature reserves, national parks and natural monuments of federal significance;
internal sea waters of the Russian Federation and the territorial sea of the Russian Federation.
21. The supreme executive body of state power of the constituent entity of the Russian Federation, taking into account clauses 4 and these Rules, prepares a decision of the highest official of the constituent entity of the Russian Federation on the creation of a protected zone of a natural park or natural monument of regional significance, on the establishment of its boundaries and approval of the regulations on it in the form of an appropriate draft (hereinafter referred to as the draft decision), as well as an explanatory note to the draft decision justifying the need to create such a security zone and establish its boundaries.
22. An explanatory note to the draft decision must include information about the coordinates of the characteristic points of the boundaries of the created protected zone of a natural park or natural monument of regional significance and its map-scheme.
23. The draft decision and the explanatory note to it are sent for approval:
a local government body (if it is assumed that the created protected zone of a natural park or natural monument of regional significance will be fully or partially located within the boundaries of land plots owned by the relevant municipality);
The Ministry of Agriculture of the Russian Federation (if it is planned to include in the boundaries of the created protected zone a natural park or natural monument of regional significance of land plots as part of agricultural lands that are in federal ownership);
The Ministry of Transport of the Russian Federation (if it is assumed that within the boundaries of the created protected zone of a natural park or natural monument of regional significance there will be fully or partially land plots on which objects of transport infrastructure of federal significance are located, or intended for the reconstruction and construction of such objects in accordance with the scheme territorial planning of the Russian Federation and (or) territory planning documentation);
The Ministry of Defense of the Russian Federation;
The Federal Security Service of the Russian Federation (if it is planned to create a protected zone of a natural park or natural monument of regional significance within the border area defined in accordance with Article 3 of the Law of the Russian Federation "On the State Border of the Russian Federation");
a territorial body of the Federal Agency for Subsoil Use;
a territorial body of the Federal Agency for Water Resources;
territorial body of the Federal Forestry Agency;
territorial body of the Federal Agency for Fisheries.
24. The state authorities specified in clause 23 of these Rules and the local self-government body shall consider the draft decision and, within 30 days from the date of its receipt, agree on it or submit to the supreme executive body of state power of the constituent entity of the Russian Federation a motivated refusal to approve it with the appendix comments.
25. Upon approval of the draft decision by the state authorities specified in paragraph 23 of these Rules, and by the local self-government body, the highest official of the constituent entity of the Russian Federation (the head of the supreme executive body of state power of the constituent entity of the Russian Federation) decides on the creation of a protected zone of a natural park or natural monument of the regional values.
26. If a reasoned refusal to approve is presented, the supreme executive body of state power of the constituent entity of the Russian Federation finalizes the draft decision taking into account the comments and sends it for reconciliation to the state authorities specified in paragraph 23 of these Rules and to the local government.
27. Information about the protected zones of natural parks and natural monuments of regional significance is posted by the relevant state authorities or institutions of the constituent entities of the Russian Federation that manage natural parks and natural monuments of regional significance on their official websites in the information and telecommunications network "Internet".
IV. Security zones mode
28. The regime of the protected zone is established by the regulation on the protected zone of a specific state natural reserve, national park, natural park or natural monument, approved by the state authority that makes the decision on its creation.
29. Within the boundaries of the protected zones, activities that have a negative (harmful) impact on the natural complexes of the state natural reserve, national park, natural park or natural monument are prohibited.
30. Within the boundaries of the protected zones, economic activity is carried out in compliance with the provisions on the corresponding protected zone and the requirements for preventing the death of objects of the animal world during the implementation of production processes, as well as during the operation of transport routes, pipelines, communication lines and power transmission lines, approved in accordance with Article 28 of the Federal of the Law "On the Animal World".
AMENDMENTS
to the draft federal law No. 826412-6 "On Amendments to the Federal Law" On Specially Protected Natural Areas "and Certain Legislative Acts of the Russian Federation" (in terms of improving legal regulation in the field of protection and use of specially protected natural areas),
adopted by the State Duma of the Federal Assembly of the Russian Federation in the first reading on October 21, 2015
1) In article 1:
a) supplement with clause 1 as follows:
“1) add Article 22 as follows:
Article 22. Changing the boundaries of specially protected natural areas
1. Changing the boundaries of specially protected natural areas is allowed in the case of expansion of these territories by including in their composition the corresponding land plots and water bodies or in the case of excluding land plots and water bodies from their composition, if this exclusion does not entail a threat to the preservation of natural landscapes and cultural landscapes (including their fragmentation), which are of special ecological, aesthetic, scientific and cultural value, and the preservation of biological diversity (including rare, endangered and economically and scientifically valuable objects of flora and fauna and their environment a habitat).
2. Changing the boundaries of specially protected natural areas of federal significance, in the event of exclusion from their composition of land plots and water bodies, is allowed only in relation to:
a) land plots located within the actual boundaries of settlements on the date of publication of this federal law, adjacent to the external borders of the corresponding specially protected natural areas, except for cases when such land plots are necessary for the implementation of tasks assigned to the corresponding specially protected natural areas in accordance with the legislation ;
b) land plots and water bodies necessary for the implementation of activities to organize the defense of the Russian Federation, to ensure the protection and protection of the State Border of the Russian Federation, in the absence of alternative solutions for the location of the relevant facilities;
c) land plots and water bodies according to individual decisions of the President of the Russian Federation, taken in the absence of alternative solutions to strategic tasks of socio-economic development.
3. Changes in the boundaries of specially protected natural areas of federal significance by including land plots and water bodies in their composition shall be carried out by the Government of the Russian Federation.
4. Changes in the boundaries of specially protected natural areas of federal significance in case of exclusion of land plots and water bodies from their composition is carried out by the Government of the Russian Federation on the basis of a decision of the President of the Russian Federation.
All sites excluded from the composition of state nature reserves and national parks are included in the buffer zone of the corresponding specially protected natural areas.
The decision of the Government of the Russian Federation to exclude land plots from the composition of state natural reserves and national parks should also provide for their inclusion in the protection zone of the corresponding state natural reserve or national park.
Decisions on the exclusion of land plots from the composition of state natural reserves and national parks are made taking into account the possibility of appropriate territorial compensation. ";
5. Changing the boundaries of specially protected natural areas in case of exclusion of land plots and water bodies from their composition is carried out:
in the presence of a positive conclusion of the state ecological expertise of materials justifying such a change in boundaries in accordance with paragraph 1 of this article;
taking into account the results of public hearings on the project of changing the boundaries of specially protected natural areas, held in each settlement of the municipality, located within the boundaries of a section of a specially protected natural area, in respect of which the corresponding changes in the boundaries were being prepared.
6. Changes in the boundaries of specially protected natural areas of regional and local significance in the event of exclusion of land plots and water bodies from their composition shall be carried out on the grounds and in the manner prescribed by the legislation of the relevant constituent entity of the Russian Federation in compliance with the requirements established by paragraph 1 and paragraph 5 of this article. " ;
b) supplement with clause 11 as follows:
“11) to supplement Article 2 with clause 12 as follows:
"12. Federal executive bodies, executive bodies of the constituent entities of the Russian Federation, local self-government bodies, as well as organizations that manage specially protected natural areas of federal, regional and local importance, ensure the prevention of mudflows and landslides from specially protected natural areas that threaten the life of people points, the functioning of economic and other facilities located in the adjacent territories.
Action plans to prevent mudflows and landslides from specially protected natural areas are approved by federal executive bodies, executive bodies of the constituent entities of the Russian Federation and local self-government bodies in charge of the corresponding specially protected natural areas, and are implemented by organizations subordinate to these bodies that carry out special management. protected natural areas of federal, regional and local significance. ";
d) supplement with paragraph 41 of the following content:
"41) in Article 10:
e) in paragraph 1, the word "system" shall be replaced by the word "network";
f) in paragraph 2, the second sentence shall be deleted;
g) in clause 3 the words "in accordance with" shall be deleted. ";
h) Clause 8 shall be stated as follows:
“Clause 2 of Article 14 shall be stated in the following wording:
"2. In the cases established by this Federal Law, national parks may also be created by transforming state nature reserves. ”;
i) clause 9 shall be supplemented with subparagraph a1 of the following content:
"A1) clause 11 after the words" protected zone "shall be supplemented with the words", as well as the area of the zone of traditional extensive nature management ";
j) in clause 13, before the words “and state”, insert the words “, Erzi State Nature Reserve”;
2) In article 2:
a) clause 1 shall be supplemented with sub-clause "d" as follows:
«D) supplement with subparagraph 9:
“9) materials to substantiate the change in the boundaries of specially protected natural areas of federal significance, as a result of which land plots and water bodies are excluded from such territories;
b) clause 2 shall be supplemented with sub-clause "c" as follows:
“C) supplement with subparagraph 6 as follows:
"6) materials to substantiate the change in the boundaries of specially protected natural areas of regional and local significance, as a result of which land plots and water bodies are excluded from such territories.";
c) supplement with clauses 3 and 4 as follows:
"3) in the first paragraph of clause 1 of Article 14, the words" Subclauses 7.1 and 7.3 of Article 11 and Subclause 4.1 of Article 12 "shall be replaced by the words" Subclauses 7.1, 7.3 and 9 of Article 11 and Subclauses 4.1 and 6 of Article 12 ";
4) paragraph 1 of Article 14 shall be supplemented with subparagraph 1.2 of the following content:
"1.2. The state ecological expertise of the objects specified in subparagraph 9 of Article 11 and subparagraph 6 of Article 12 of this Federal Law, including repeated, is carried out subject to the compliance of the form and content of the submitted materials with the requirements of this Federal Law, the established procedure for conducting the state ecological expertise, if included in the composition sent materials:
documentation subject to state environmental expertise and containing materials for assessing the impact on natural complexes and objects of a specially protected natural area of economic and other activities planned on the corresponding land plot or water body proposed for exclusion from the specially protected natural area;
materials of discussions of the object of the state ecological expertise with citizens and public organizations (associations), organized by local authorities. ";
3) supplement with Articles 9 and 10 of the following content:
"Article 9
Introduce into Article 28 of the Federal Law of October 6, 2003 No. 131-FZ "On the General Principles of Organization of Local Self-Government in the Russian Federation" (Collected Legislation of the Russian Federation, 2003, No. 40, Art. 3822; 2005, No. 1, Art. 17; 2006 , No. 1, Art. 17; 2007, No. 43, Art. 5084; 2011, No. 49, Art. 7039; 2015, No. 27, Art. 3978) the following changes:
1) in part 1, before the words “with participation”, insert the words “, as well as on projects to change the boundaries of specially protected natural areas in accordance with the requirements of the Federal Law of March 14, 1995 No. 33-FZ“ On specially protected natural areas ”,”;
2) part 3 shall be supplemented with clause 5 as follows:
"5) drafts of changes in the boundaries of specially protected natural areas, in case of exclusion from their composition of land plots located within the boundaries of the respective settlements."
1. This Federal Law shall enter into force on the day of its official publication.
2. The provisions of this Federal Law providing for the powers of the Government of the Russian Federation to exclude land plots located within the actual boundaries of settlements from state natural reserves and national parks shall be valid until December 31, 2020.
The article discusses a draft act on amendments to the legislation on specially protected natural areas and ecological expertise. The author considers the main problems of the current regulation, reveals the contradictions of the draft act. In particular, it was concluded that it is impossible to hold public hearings on the issues of changing the boundaries of specially protected natural areas of federal and regional significance.
The legal regime of specially protected natural areas (hereinafter - PAs) is established by the Federal Law of March 14, 1995, No. 33-FZ "On Specially Protected Natural Areas" (hereinafter - the Law on Specially Protected Natural Areas). Earlier, we considered the draft federal law No. 826412-6 "On Amendments to the Federal Law" On Specially Protected Natural Areas "and Certain Legislative Acts of the Russian Federation, adopted in the first reading (hereinafter - draft law No. 826412-6) 1. At present, the Ministry of Natural Resources of Russia has developed a draft amendment to bill No. 826412-6 (hereinafter referred to as the draft amendments), which we propose to consider in more detail 2.
PA Law
1. Subparagraph "a" of paragraph 1 of the draft amendments is proposed to supplement the Law on Protected Areas with Article 2 2, which provides for the procedure for changing the boundaries of protected areas.
According to the proposed draft amendments to Part 1 of Article 2 2 of the Law on Protected Areas, changes in the boundaries of protected areas are allowed in the case of expanding these territories by including in their composition the corresponding land plots and water bodies or in the case of excluding land plots and water bodies from their composition, if this exception does not entail a threat to the preservation of natural landscapes and cultural landscapes of special ecological, aesthetic, scientific and cultural value, and the preservation of biological diversity (including rare, endangered and economically and scientifically valuable flora and fauna and their habitat).
The law on PAs has not yet regulated the issue of changing the boundaries of PAs. However, with regard to protected areas of federal significance, the possibility of expanding the boundaries is provided.
So, in accordance with Part 1 of Article 8 and Part 1 of Article 14 of the Law on Protected Areas, the creation and expansion of territories of state natural reserves (hereinafter referred to as GPZ) and national parks (hereinafter referred to as NP) is carried out by decisions of the Government of the Russian Federation, adopted on the proposal of the authorized by the Government of the Russian Federation federal executive body.
According to the draft amendments (parts 4-5 of the projected article 2 2 of the Law on PAs), the change in the boundaries of PAs of federal significance is carried out by the Government of the Russian Federation, PAs of regional and local significance - by the authorized executive body of a constituent entity of the Russian Federation or local self-government. Changes in the boundaries of a gas processing plant and an oil refinery in case of exclusion of land plots and water bodies from their composition is carried out by the Government of the Russian Federation on the basis of a decision of the President of the Russian Federation.
It should be noted that the draft amendments do not regulate situations in which the person authorized to approve the regulations on protected areas is not a public authority.
Thus, part 5 of Article 2 of the Law on Protected Areas provides that federal protected areas, in addition to GPZs and NPs, may include state nature reserves, natural monuments, dendrological parks and botanical gardens.
In accordance with part 4 of this article, protected areas may have federal, regional or local significance and be under the jurisdiction of federal executive bodies, executive bodies of the constituent entities of the Russian Federation and local self-government bodies, respectively, and in cases provided for by article 28 of the Law on protected areas, also run by state scientific organizations and state educational organizations of higher education.
Article 28 of the Law on Protected Areas establishes that the regulations on the dendrological park and botanical garden of federal significance are approved by the federal executive body authorized by the Government of the Russian Federation. However, in the cases stipulated by the legislation of the Russian Federation, the regulation on the dendrological park and botanical garden is approved by state scientific organizations and state educational institutions of higher education.
In particular, the Ministry of Natural Resources of Russia, by orders of December 2, 2015, No. 523 and of April 25, 2016, No. 261, approved the regulations on the federal dendrological park "Southern Cultures" and on the federal dendrological park "Arboretum", respectively. These orders indicate the total area of the protected areas. Moreover, a number of orders from the Federal Agency for Scientific Organizations of Russia approved the provisions on the botanical gardens and dendrological parks of federal significance created in Soviet times, indicating their area and boundaries. At the same time, according to the draft amendments, the change in the boundaries of these protected areas should be carried out not by the Ministry of Natural Resources of Russia or the Federal Agency for Scientific Organizations of Russia, but by the Government of the Russian Federation.
2. The draft amendments limited the list of cases of exclusion of land plots and water bodies from protected areas. According to the projected draft amendments to Part 2 of Article 2 2 of the Law on Protected Areas, changing the boundaries of protected areas, in case of exclusion of land plots and water bodies from their composition, is allowed only in relation to:
● land plots located within the boundaries of settlements;
● land plots and water bodies necessary for the implementation of activities to ensure the security of the state;
● land plots according to separate decisions of the President of the Russian Federation.
However, the cases of expansion of protected areas by including the corresponding land plots and water bodies in their composition are not listed in the draft amendments.
At the same time, in accordance with Part 2 of Article 6 of the Law on Protected Areas, natural resources and real estate located within the boundaries of state natural reserves are federal property and are withdrawn from civil circulation, unless otherwise provided by federal laws.
Thus, in the case of adoption of the draft law No. 826412-6 and the draft amendments, there is a risk that land plots and water bodies that are privately owned and involved in economic activities will be included in the PA.
At the same time, the legal literature provides an assessment of the possibility of excluding land plots from the boundaries of protected areas.
In particular, I.A. Ignatieva points to the conclusion of the Committee of the State Duma of the Russian Federation on Natural Resources, Environmental Management and Ecology dated 03.13.2014 on the draft Federal Law No. 294030-6 "On Amendments to Certain Legislative Acts of the Russian Federation Regarding Changing the Boundaries of Specially Protected Natural Areas", in which it is stated that “the exclusion of land plots from the PAs can negatively affect the development of such ecologically significant territories,” and the conditions formulated in the bill for excluding land plots from the PAs can “provoke a number of deliberate illegal acts (for example, arson) in relation to such territories that will lead to the deterioration or loss of their special ecological, scientific and other especially valuable value ”4.
The above is also true in cases of expansion of the boundaries of protected areas: in particular, persons opposing these changes may deliberately commit the above illegal acts.
3. According to part 2 of Article 14 of the Law on Protected Areas, in the cases established by federal laws, NP can also be created by transforming the GPP in the presence of a positive conclusion of the state ecological expertise (hereinafter - SEE) of materials justifying such a transformation. However, by the bill No. 826412-6, part 2 of Article 14 of the Law on Protected Areas is declared invalid.
The draft amendments (part 3 of the projected article 2 2 of the Law on PAs) stipulate that changes in the boundaries of PAs in case of exclusion of land plots and water bodies from their composition, shall be carried out:
● in the presence of a positive conclusion of the SEE of materials justifying such a change in boundaries in accordance with part 1 of article 2 2 of the Law on protected areas;
● taking into account the results of public hearings on the project of changing the boundaries of protected areas, held in each inhabited locality of the municipality, located within the boundaries of the protected area, in relation to which the preparation of the corresponding changes in the boundaries was carried out.
At the same time, in the case of expansion of protected areas (inclusion of land plots and water bodies into the boundaries of protected areas), according to the draft amendments, SEE and public hearings on the project of changing the boundaries of protected areas are not required.
4. The draft amendments (part 3 of the projected article 2 2 of the Law on Protected Areas) stipulate that the procedure for organizing and holding public hearings is determined by the charter of the municipality and (or) regulatory legal acts of the representative body of the municipality.
The Law on Protected Areas does not provide for public hearings when establishing protected areas. At the same time, in accordance with part 1 of Article 28 of the Federal Law of 06.10.2003, No. 131-FZ "On the General Principles of Organization of Local Self-Government in the Russian Federation" (hereinafter - Law No. 131-FZ), public hearings can be held with the participation of residents of the municipality by a representative body municipality, the head of the municipality to discuss draft municipal legal acts on issues of local importance.
Consequently, it is currently impossible to hold public hearings on other issues, including the issues of changing the boundaries of protected areas of federal and regional significance.
However, neither the draft law # 826412-6 nor the draft amendments provide for the introduction of appropriate changes to the Law # 131-FZ.
5. In addition, the draft amendments propose to supplement part 2 of Article 10 of the Law on Protected Areas with the provision that the procedure and criteria for making decisions on the creation of biosphere polygons within the boundaries of state natural biosphere reserves are established by the Government of the Russian Federation.
The draft amendments formulated a new version of Part 1.1 of Article 15 of the Law on Protected Areas: “1.1. Reduction of the area of the reserved zone and the area of the specially protected zone, as well as the area of the zone of traditional extensive nature management is not allowed. "
Recall that according to clause "e" of Part 1 of the Law on Protected Areas, the zone of traditional extensive nature management is intended to ensure the vital activity of the indigenous peoples of the Russian Federation and within the boundaries of which it is allowed to carry out traditional economic activities and related types of sustainable nature management.
Additionally, the draft amendments expanded the list of gas processing plants, which must be transformed into NP by 31.12.2016: the Erzi gas processing plant has been added to them.
Environmental Expertise Law
The draft amendments supplement Articles 11-12 of the Federal Law of 23.11.1995, No. 174-FZ "On Environmental Expertise" (hereinafter referred to as the Law on Environmental Expertise) with new SEE objects.
So, the objects of SEE at the federal level will include materials to substantiate the change in the boundaries of protected areas of federal significance, as a result of which land plots and water bodies are excluded from such territories, and materials to justify the adoption by the Government of the Russian Federation of decisions on the creation of biosphere polygons within the boundaries of state natural biosphere reserves.
The SEE facilities at the regional level will include materials justifying the change in the boundaries of PAs of regional and local significance, as a result of which land plots and water bodies are excluded from such territories.
Additionally, the draft amendments clarified the procedure for conducting a SEE in the event of a change in the boundaries of protected areas of federal, regional and local significance, as a result of which land plots and water bodies are excluded from such territories. In these cases, SEE, including repeated, is carried out subject to the conformity of the form and content of the submitted materials with the requirements of the Law on Environmental Expertise, the established procedure for conducting state environmental expertise, if the submitted materials include:
● documentation subject to SEE and containing materials for assessing the impact on natural complexes and objects of protected areas of economic and other activities planned on the corresponding land plot or water body proposed for exclusion from the protected area;
● materials of discussions of the object of state ecological expertise with citizens and public organizations (associations), organized by local government bodies.
The draft amendments establish the procedure for the entry into force of the draft law No. 826412-6 from the date of its official publication. Also, the draft amendments stipulate that the Government of the Russian Federation, until 31.12.2019, must ensure that land plots located within the boundaries of settlements adjacent to the external borders of the corresponding protected areas are excluded from the composition of protected areas of federal significance, in the manner prescribed by article 2 2 of the Law on protected areas. , except for the cases when such land plots are necessary for the implementation of the tasks assigned to the corresponding protected areas in accordance with the legislation.
Text footnotes for indexes in an article
Babich M.E. Specially Protected Natural Areas: Trends in Legislative Initiatives // Ecological Bulletin of Russia. 2016. No. 4. S. 66-69 .; Consideration of the bill in the second reading was postponed four times. The text of the bill No. 826412-6 can be found in the SPS "ConsultantPlus" and on the website of the automated system for ensuring the legislative activity of the State Duma. [Electronic resource]. Access mode: http://asozd2.duma.gov.ru/main.nsf/%28Spravka%29?OpenAgent&RN=826412-6. Date of access: 06.12.2016
2 The text of the draft amendments to Bill No. 826412-6 can be found at: http://regulation.gov.ru/projects#npa=56055. [Electronic resource]. Date of access: 06.12.2016
3 Orders of the Federal Agency for Scientific Organizations of Russia dated March 22, 2016 No. 7n "On approval of the Regulations on the Federal State Budgetary Scientific Institution" Stavropol Botanical Garden named after V.V. Skripchinsky "as a specially protected natural area of federal significance", dated June 15, 2016, No. 27n "On the approval of the Regulations on the Botanical Garden of Peter the Great of the Federal State Budgetary Institution of Science of the Botanical Institute. V.L. Komarov of the Russian Academy of Sciences as a specially protected natural area of federal significance ", dated March 22, 2016, No. 6n" On the approval of the Regulations on the Federal State Budgetary Institution of Science, the Polar-Alpine Botanical Garden-Institute. ON THE. Avrorina of the Kola Scientific Center of the Russian Academy of Sciences as a specially protected natural area of federal significance ", dated 04.07.2016, No. 33n" On approval of the Regulations on the Federal State Budgetary Scientific Institution "Research Institute of Agriculture of the South-East" as a specially protected natural area federal significance ", etc.
4 Ignatieva I.A. Changes in the legal regime of land plots of other owners and users within the boundaries of national parks and judicial practice // Judge. 2015. No. 9.P. 25 - 29.
M.E. Babich,
Master of Laws (HSE University),
consultant of the department of assessments in the field of transport,
Communications and Environmental Assessment Department
regulatory impact of the Ministry of Economic Development of Russia,
The Ministry of Nature has made amendments to the draft Federal Law No. 826412-6 "On Amending the Federal Law" On Specially Protected Natural Areas "and Certain Legislative Acts of the Russian Federation, adopted by the State Duma in the first reading." The amendments allow expanding and narrowing the boundaries of specially protected natural areas (SPNA). Environmentalists assess this initiative ambiguously and warn of possible negative consequences if adopted.
The amendments of the Ministry of Natural Resources to the State Duma bill presuppose the inclusion of land plots and water bodies in specially protected natural areas and the exclusion from them, “if this exclusion does not entail a threat to the preservation of natural landscapes and cultural landscapes that represent a special ecological, aesthetic, scientific and cultural value and conservation of biological diversity ”.
At the suggestion of the Ministry of Natural Resources, changes in the boundaries of protected areas will occur in three cases: in relation to land plots located within the boundaries of settlements, territories "necessary for the implementation of activities to ensure the security of the state", and "by separate decisions of the President of the Russian Federation."
The procedure for changing the boundaries of protected areas involves a state environmental impact assessment and public hearings. The amendments to the bill instruct the government, by December 31, 2019, to exclude from the list of specially protected natural areas of federal significance the land plots located within the boundaries of settlements adjacent to the external borders of the corresponding specially protected natural areas.
The problem of changing the boundaries of specially protected natural areas is currently not regulated in the legislation. This is one of the painful questions that has been raised for a long time, - says Ekaterina Khmeleva, head of the environmental legislation program of the World Wildlife Fund (WWF Russia).
The expert explains that the boundaries of the protected areas were moved earlier, but due to the lack of legislation, many controversial issues arose. According to her, the issue of settlements as part of protected areas is especially acute: on the one hand, they should not be in reserves and national parks, because they imply the economic use of land, which does not correspond to the objectives of the reserve. On the other hand, residents of settlements located on the territory of the reserve are limited in their rights to dispose of land plots.
There is one difficulty here: not all settlements have established borders, ”says Elena Khmeleva. - There is a danger that when this issue is resolved, valuable natural areas may fall within the boundaries of the settlement, which are necessary for the full functioning of the reserve. In order not to damage the protected areas, it is necessary to establish rigid boundaries of settlements by 2019.
There are some problems with settlements, - confirms the coordinator of the Greenpeace program for specially protected natural areas Mikhail Kreindlin. - Citizens living in protected areas are limited, for example, in the possibility of privatizing land plots. Residents of the city of Sebezh in the Pskov region, which is entirely part of the Sebezhsky national park, or the village of Smolny in Mordovia, with the borders of the Smolny national park, face such problems. We believe that these issues should be resolved, but not indiscriminately, but measures should be taken on each specific case.
Greenpeace proposes not to cut out settlements from national parks, but to establish a more sparing mode of use for them. Ecologists remind that within the boundaries of many protected areas there are settlements that determine the value of the protected areas themselves.
For example, the main value of the Kenozersky National Park in the Arkhangelsk Region is cultural and historical: these are Pomor villages and objects of wooden architecture, says Mikhail Kreindlin. - If settlements are cut out of it, it will lose all its value. The same is with the Curonian Spit in the Kaliningrad region: if settlements are cut out of it, these will be three separate sections, and such a territory is unlikely to be able to function as a national park.
Environmentalists believe that with regard to the use of reserves to ensure the security of the state, it is necessary, first of all, to clarify the norm of the law with the words “for defense needs”. Otherwise, it can be applied, for example, to the goals of economic security, and this will give the green light to various abuses.
For example, in the Yugyd Va National Park in Komi (this is also a World Heritage Site) a few years ago, local authorities decided to organize gold mining, ”says the Greenpeace expert. - The regulation on the park was changed and a site with a deposit was cut out of its borders. With the support of the Prosecutor General's Office, we won this case in the Supreme Court. The integrity of the park has now been restored.
The ecologist is sure that isolated cases when it is necessary to build something on the territory of the reserve for the security of the state does not have to be fixed by law.
But the greatest danger, in the opinion of the environmental organization, is the clause on changing the boundaries of protected areas according to individual decisions of the president.
Now everyone is hearing a high-profile international scandal with the Caucasian Reserve, which is also a World Heritage Site, and where the companies "Rosa Khutor" and "Gazprom" want to expand their ski resorts. There is already a government order on the allocation of a biosphere testing ground for resorts. But so far, according to the current laws, they can only get these plots for rent. And if they are removed from the reserve, then it will be possible to formalize private property, - says Mikhail Kreindlin.
The WWF Russia expert also points to the situation with biosphere polygons.
In June of this year, amendments to the law "On Specially Protected Natural Areas" were adopted in an urgent manner in terms of the creation of biosphere polygons in the territories of reserves, - explains Ekaterina Khmeleva. - The document is actually aimed at allowing interested parties to build ski resorts on the territory of the Caucasian Biosphere Reserve, which, in our opinion and in the opinion of other environmental organizations, is unacceptable. In fact, those amendments were a veiled opportunity to change the boundaries of protected areas, not only external, but also internal.
In general, the WWF Russia expert considers the amendments of the Ministry of Natural Resources to be admissible, provided that the previously adopted norms on the possibility of identifying biosphere reserves within the reserve are canceled. And Greenpeace calls the amendments of the Ministry of Natural Resources and Environment dangerous and warns that they can lead to the destruction of the entire protected system that has guarded the borders of the protected areas since 1991. The Ministry of Natural Resources could not provide Izvestia with an operative comment.