Civil-law protection of environmental rights - Legal...

Civil protection of environmental rights

Since many natural objects and resources are included in the property, market turnover, the set of measures to protect the rights associated with them (Figures 4.2, 4.3) contains the civil means provided for in Art. 12 of the US Civil Code and widely used in litigation and arbitration practice.

The procedure for state registration of rights to a natural object or transactions with it is governed by Federal Law No. 122-FZ of July 21, 1997 "On State Registration of Rights to Real Estate and Transactions with It."

The violated right to a land plot, another object of nature use is subject to recovery in cases when the court invalidates an act of public authority, unauthorized occupation of a plot and in other cases provided for by federal laws.

Actions that violate the rights to natural objects can be stopped by suspending: the performance of illegal acts of public authority; industrial, civil housing and other construction; development of mineral deposits, peat; operation of objects and carrying out different kinds of work.

Recognition of an act of an executive body of state power or a local government body can be carried out in a court of law in accordance with the US Civil Code, the US Civil Procedure Code and the US Arbitration Procedure Code.

US Law of 27.04.1993 No. 4866-1 "On Appealing to the Court of Actions and Decisions Violating Citizens' Rights and Freedoms"; provides for the possibility of appealing not only acts, but also actions, as well as inaction of bodies and their officials; and not only in the judicial, but also at the choice of the citizen in the administrative order, in the order of subordination.

From the case law

In the case of seizure of agricultural land for road construction, the Federal Arbitration Court of the Volga-Vyatka District established that the production cooperative "B." filed a lawsuit against the Kirov regional state institution "K." on recovery of losses caused by the seizure of land.

The claims are based on the Provision on the procedure for compensation of losses to landowners, landowners, land users, tenants and losses of agricultural production, approved by the Resolution of the Council of Ministers - the Government of the United States of 28.01.1993 No. 77, and are motivated by the defendant's non-payment of damages in the form of lost profits arising as a result of the seizure of lands belonging to the plaintiff, for the construction of the Gnusino-Shikhovo highway.

By the decision of the administration of the Slobodsky district of the Kirov region from the SEC "B." a land plot of 41.55 hectares has been confiscated, including 6.96 hectares of arable land, 1.92 hectares of pasture land, 1.36 hectares of other land, 31.31 hectares of forest for the construction of this road.

2.94 hectares of arable land was withdrawn from the plaintiff not temporarily but permanently, the restoration of the disrupted production at the expense of its own unused lands or the provision in exchange of seized other agricultural land that is in state ownership and located in the immediate vicinity of the plaintiff's land is impossible due to their absence.

According to the rules of the Resolution, the lost profit is calculated, caused by the inconvenience in using the land. The road separates the territory of the plaintiff, cuts the farms from pastures, which makes it difficult to move livestock and leads to an increase in the cost of operating vehicles. The position of the plaintiff is confirmed by the case materials, and the defendant did not support his objections to the claim and, contrary to the court's instructions, avoided drawing up an act of reconciliation. In such circumstances, the court lawfully recovered the amount of damages from the defendant.

Real rights to natural objects (resources)

Fig. 4.2. Property rights to natural objects (resources)

Classification of Rights to Nature Management

Fig. 4.3. Classification of the rights to nature use

thematic pictures

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