On the near shores: new territories for tourism will appear in Russia
The State Duma Committee on Property, Land and Property Relations recommends the adoption in the first reading of a government bill that promises to activate unused coastal territories throughout the Russian Federation. It is assumed that the new rules will simplify the lease of federal lands near the water and boost the development of regional tourism. However, the initiative is controversial among experts due to the contradictions between open access for people and the interests of tenants. According to Izvestia, the bill will be considered on December 9, and may be adopted in the spring session.
Open shores without threat to summer residents
The State Duma Committee on Property, Land and Property Relations recommended that the lower house of parliament adopt in the first reading a draft law on amendments to the Land Code of the Russian Federation and several related acts that describe the procedure for disposing of federal lands and water plots. The document was initiated by the government of the Russian Federation, it significantly changes the treatment of federal lands near reservoirs.
"The document is primarily addressed to public land plots, so the rights of private owners remain within the same framework as before," the State Duma said.
The draft law solves the problem of involving in the turnover of public land plots partially or completely located in the coastal strip of water bodies. The press service of the Federal Register clarified that we are talking about land plots up to 20 m wide located along the reservoir.
According to the current Land Code, such plots are limited in circulation and cannot be the subject of an auction, which is why they remain unclaimed. The problem is especially relevant for agricultural lands with water bodies within their boundaries, such as ponds.
"Due to restrictions, such lands are being withdrawn from circulation and cannot be used for agriculture," the Federal Register explained. — The division of plots also does not solve the problem: after it, the configuration and area often change, and they become unsuitable for agricultural production.
In order to solve the problem, the draft law proposes to eliminate the ban on auctions established by the Land Code in relation to public land plots located within the boundaries of the coastal strip.
At the same time, the tenant is obliged to observe a special regime of protection of the water body and ensure unhindered access of the public to the shore. The acquisition of such land plots is not allowed.
How can land be used near water
These changes will create conditions for the involvement in the turnover of unused land plots, for which certain restrictions were in effect.
"For the regions, the new rules on federal lands near the water mean additional sites for tourism and services based on uniform procedures," the staff of the State Duma Committee on Property, Land and Property Relations says. — In border areas and woodlands, such sites are involved in projects that bring in rent payments, taxes and updated infrastructure.
The bill does not regulate the turnover and use of privately owned land, nor does it affect the property rights of private owners, including gardeners and gardeners. It does not provide for the transfer of such plots to the ownership of citizens and preserves the current procedure for their use.
The initiative opens up the possibility to lease such lands through open and transparent auctions, explains the arbitration manager of the Ministry of Justice of the Russian Federation, former deputy speaker of the State Duma and ex-Senator Olga Epifanova. The solution will improve the condition of settlements where empty territories negatively affect the appearance and infrastructure.
According to Nikolai Kichigin, Acting Head of the Department of Environmental and Agrarian Legislation at the Institute of Legislation and Comparative Law under the Government of the Russian Federation, the bill will give individuals and legal entities the opportunity to bid and use land for recreational purposes, such as boat stations or beaches.
It is crucial that the status of public lands and the free access of citizens to water are preserved.
Strict limits for federal lands
At the moment, federal lands near the water are often idle or transferred without clear criteria, which slows down investments and provokes legal disputes over access. The new bill introduces transparent auctions and strict rules, minimizing the risks of arbitrariness and focusing on targeted use.
It also specifies when a federal land plot can be transferred to a region or municipality for free, and when it remains in federal ownership.
The lands that are reserved for projects for the development of housing and tourism infrastructure have been allocated separately, explains Sergey Gavrilov, chairman of the State Duma Committee on Property, Land and Property Relations.
— The main mechanism for removing land plots from federal ownership will be a court decision in case of misuse or unsatisfactory condition, says the head of the Department of Land Management and Cadastre at Moscow University of Finance and Law (MFUA) Marina Butylina.
"Draft laws aimed at improving the efficiency of the disposal of federal lands provide for increased control over unused land and simplification of procedures for their transfer," the expert adds.
Investing in regions instead of downtime
The border areas and forest funds include many federal lands that could generate income but remain unused for now.
— For the regions, the new rules on federal lands near the water mean additional sites for tourism and services based on uniform procedures. In border areas and woodlands, such sites are involved in projects that bring in rent payments, taxes, and updated infrastructure," emphasizes Sergey Gavrilov.
Nikolay Kichigin draws attention to the fact that the initiative increases the legal certainty and stability of land relations.
— Our analysis of the draft law does not allow us to conclude that the transfer of land to the ownership of subjects and municipalities is simplified. On the contrary, cases of their gratuitous transfer are reduced, and the procedure is clearly regulated," he notes.
The new bill opens up opportunities to increase the investment attractiveness of recreational and tourist facilities, sums up former Senator Olga Epifanova.
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