Protection of Public Rights to Lands of Nature Conservation Areas in the Context of Resolutions of the Constitutional Court of the Russian Federation
Annotation
By carrying out a retrospective analysis of the legislation defining the regime of the natural reserve fund and the section of the land disputes considered by the courts, the author concludes that mainly OCTs of federal significance were created in the period from 1960 to-1980’s, including famous natural sites of world importance included in the list of world natural heritage. The bulk of private ownership rights to land within the boundaries of OPTA arose in the 1990s and 2000s. There is no provision in modern legislation for the legalization of such rights, even on plots within the boundaries of settlements. One element of the protection of the violated rights of the owners of such plots was the statute of limitations for vindication claims and challenge of transactions. In the conditions of a certain «turn» of judicial law enforcement, set out in the Decision of the Constitutional Court of the Russian Federation 3-P are evaluated problems and prospects of protection of public rights to the lands of OPET. Based on the results of this study, the author proposes to consider the issue of adoption of a decision by the Plenary of the Supreme Court of the Russian Federation containing clarifications on the resolution of disputes over natural reserve lands and the adoption of a law, determining the order of transfer of land in the boundaries of settlements located on the territory of the Russian Federation from federal property to the property of entities of the Russian Federation and municipal entities.
Keywords
| Type | Article |
| Information | Environmental Law № 01/2026 |
| Pages | 29-35 |
| DOI | 10.18572/1812-3775-2026-1-29-35 |
