Гуманитарные и юридические исследования (Sep 2021)

THE PROBLEMS OF THE LEGAL REGIME OF LANDS OF HEALTH-IMPROVING AREAS AND RESORTS

  • E. Navasardova,
  • G. Chechel,
  • R. Nutrikhin

Journal volume & issue
Vol. 0, no. 4
pp. 186 – 196

Abstract

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Changes made to the legislation establishing the legal regime of specially protected areas in 2013resulted in the exclusion of resorts and health-improving areas from their content. The norms of the Land code of the Russian Federation and related legislation were also amended, resulting in a number of theoretical and applied problems. To date, the land of the resorts referred to the lands of specially protected areas on Art. 94 of the Land code of the Russian Federation, containing the closed list of lands of especially protected territories, resorts and health-improving areas are not mentioned. Serious discrepancies are found both at the comparative analysis of the Land code of the Russian Federation and FL of 13.07.2015 N 218-FL (edition of 25.12.2018) "On state registration of real estate", and also the town-planning code regarding establishment of borders of zones of the district of sanitary (mounting and sanitary) protection. The basic source of legal regulation of the regime of health-improving areas and resorts is the Federal law of 23.02.1995 №26-FL (ed. of 28.12.2013) "On natural healing resources, health-improving areas and resorts", howev- er, it does not fully meet the real needs in the regulation of relations of the health-resort complex because of its fragmentation and incompleteness. A signiicant adjustment of the resort legislation is required, which makes the topic of the study relevant. The article provides a detailed analysis of the elements of the legal regime of resort lands, including the analysis of the legal regime of the district of sanitary (mounting and sanitary) protection of resorts. Along with the study of the current legislation, the article describes the changes that are planned to be made to the normative legal acts regulating the land and legal sphere of resort relations and concludes that the novelties, if adopted, will lead to unjustiied liberalization of the existing legal regime of land areas of the district of sanitary (mounting and sanitary) protection of resorts. According to the results of the study, the conclusions with novelty concerning the improvement of the legal regime of land resorts are formulated.

Keywords