Art. 6 Water Code RF installed binding rule ensuring free access of all persons without exception to water bodies common use. As part of this requirement The VK RF establishes a coastal strip water bodies general use, which for most reservoirs and streams will be 20 meters.

Art.27 Land Code into development these provisions The RF VK establishes a ban on the privatization of land within the boundaries of the coastal strip.

Capturing the coastline

At the same time, many of our citizens, who want to get a secluded place on the shore of some lake with their own beach, often neglect the requirements of the law and fence off land right up to the water itself. In this regard, the requirement of water and land legislation to provide access to the shoreline is not observed.

Of course, such a fence would be illegal and, in theory, during any inspection, prosecutors or environmental authorities would force such fences to be removed.

Shore Gulf of Finland

However, citizens often have to deal with self-occupations of the coastal strip on their own, and going to court by a person or group of people may be more effective than working with supervisory or law enforcement.

If you decide to fight against squatters, then, firstly, we advise you to do this only within the legal framework, so that later you yourself will not be on the other side of the law, and secondly, before acting, you should understand the situation in detail.

First you need to find out whether the squatter has any rights at all to the public foreshore.

Ownership of the coastline

And such rights may arise, firstly, if land plot with borders close to the water's edge was provided during the Soviet era, and later privatized in the early 90s under the general confusion in the legislation. Let's analyze in detail how this could happen.

In the USSR, all land was state-owned, so there was no need to allocate coastal strips for common use near water bodies. Accordingly, land plots could be provided for use right up to the water line of a water body. After 1991, when land began to be put into civil circulation and privatization began, the concept of public coastal strips (towpaths) was introduced only by the 1995 Water Code. Accordingly, at the time from 1991 to 1995 it was possible to privatize allocated in Soviet time land close to water.

Such plots have remained a legacy in Russian reality up to the present moment. Therefore, now there are still land allotments owned by citizens within the coastal strip, although under current legislation the privatization of such plots would be prohibited.

However, the right to own a land plot in the coastal strip does not mean the right to fence it. AT this case the coastal strip of common use is a burden for the owner of the land plot and obliges him to provide passage through its territory to everyone.

Provision of a coastal strip on a leasehold basis

Secondly, the right of lease can be issued to the person enclosing the coastal strip of common use. The legislation does not contain mandatory prohibitions on the lease of the coastal strip. However, such use of it on a lease basis is possible only subject to free passage along the public foreshore.

So in this case, the fencing of the land to the water's edge will be illegal.

There is no free access to the coastal strip, what should I do?

To figure out who and on what right owns the coastal strip of common use, for starters, you can go to the public cadastral map and find a fenced area. Next, you need to look at whether the site is close to the water or not. If the site comes close to the water, then you can order an extract from the USRR in Rosreestr (through the MFC) using the cadastral number, which will indicate the owner of the land plot, as well as information about his rights to given land.

Coast of the Gulf of Finland

Now you will have information about who seized the public foreshore and what rights he has on it. This information will be a good help when applying to the supervisory authorities and then to the court.

However, it may be that in public cadastral map it will be seen that the land plot is not suitable close to the water's edge, however, there are plots formed near the coastline. Their owners, most likely, will be the persons who carried out the squatting. Moreover, such self-capture, unlike the first two cases, is not at all conditioned by land rights.

1. Surface water bodies that are in state or municipal ownership are water bodies for general use, that is, public water bodies, unless otherwise provided by this Code.

2. Every citizen has the right to have access to public water bodies and use them free of charge for personal and household needs, unless otherwise provided by this Code, other federal laws.

3. The use of public water facilities is carried out in accordance with the rules for the protection of human life at water facilities, approved in the manner determined by the authorized federal agency executive power, as well as based on the established by the authorities local government rules for the use of water bodies for personal and domestic needs.

(as amended by Federal Law No. 160-FZ of July 23, 2008)

4. At public water bodies, the intake (withdrawal) may be prohibited water resources for the purposes of drinking and household water supply, bathing, use of small boats, jet skis and other technical means intended for recreation at water bodies, a watering place, as well as other prohibitions in cases provided for by law Russian Federation and legislation of the subjects of the Russian Federation.

5. Information on the limitation of water use at public water bodies is provided to citizens by local governments through the means mass media and through special information signs installed along the banks of water bodies. Other means of providing such information may also be used.

(as amended by Federal Law No. 118-FZ of July 14, 2008)

6. A strip of land along coastline(boundaries of a water body) of a public water body (shoreline) is intended for public use. The width of the coastline of public water bodies is twenty meters, with the exception of the coastline of canals, as well as rivers and streams, the length of which from source to mouth is not more than ten kilometers. The width of the coastal strip of canals, as well as rivers and streams, the length of which from the source to the mouth is not more than ten kilometers, is five meters.

(as amended by Federal Law No. 244-FZ of July 13, 2015)

7. Coastal strip of swamps, glaciers, snowfields, natural outlets groundwater(springs, geysers) and other water bodies provided for by federal laws is not determined.

8. Every citizen has the right to use (without the use of mechanical Vehicle) coastal strip of public water bodies for movement and stay near them, including for recreational and sport fishing and mooring of floating facilities.

1. Surface water bodies that are in state or municipal ownership are water bodies for general use, that is, public water bodies, unless otherwise provided by this Code.

2. Every citizen has the right to have access to public water bodies and use them free of charge for personal and domestic needs, unless otherwise provided by this Code, other federal laws.

3. The use of public water bodies is carried out in accordance with the rules for protecting the life of people at water bodies, approved in the manner determined by the authorized federal executive body, as well as based on the rules established by local governments for the use of water bodies for personal and domestic needs.

4. At public water bodies, the intake (withdrawal) of water resources for the purposes of drinking and domestic water supply, bathing, the use of small boats, jet skis and other technical means intended for recreation at water bodies, watering places may be prohibited, and also established other prohibitions in cases stipulated by the legislation of the Russian Federation and the legislation of the subjects of the Russian Federation.

5. Information on the limitation of water use at public water bodies is provided to citizens by local governments through the media and through special information signs installed along the banks of water bodies. Other means of providing such information may also be used.

6. A strip of land along the coastline (boundary of a water body) of a public water body (shore strip) is intended for general use. The width of the coastline of public water bodies is twenty meters, with the exception of the coastline of canals, as well as rivers and streams, the length of which from source to mouth is not more than ten kilometers. The width of the coastal strip of canals, as well as rivers and streams, the length of which from the source to the mouth is not more than ten kilometers, is five meters.

7. The coastline of swamps, glaciers, snowfields, natural outlets of groundwater (springs, geysers) and other water bodies provided for by federal laws is not determined.

8. Every citizen has the right to use (without the use of motor vehicles) the coastal strip of public water bodies for movement and stay near them, including for recreational and sport fishing and mooring of floating facilities.

Judicial practice under Article 6 of the Water Code.

Ruling dated December 21, 2018 in case No. А14-5401/2017

Supreme Court of the Russian Federation

On the misapplication arbitration court norms of law, inconsistency of the conclusions of the court with the actual circumstances of the case and the evidence available in the case. According to paragraph 1 of part 7 of Article 291. 6 of the Arbitration procedural code Russian Federation, based on the results of the study of the cassation complaint, the judge Supreme Court The Russian Federation issues a ruling on the refusal to transfer the complaint for consideration in a court session ...

Resolution dated September 25, 2018 in case No. А63-7461/2016

Court of Arbitration North Caucasus District(FAS SKO)

This economy. The list of objects that are part of the property of the farm, the procedure for the formation of the property of the farm are established by the members of the farm by mutual agreement (paragraph 4 of Article 6 of Law No. 74-FZ). In accordance with Article 16 of Law No. 74-FZ, one of its members is recognized as the head of the farm by mutual agreement of the members of the farm. When...

Decision dated September 6, 2018 in case No. А61-2783/2018

Republican Court of Arbitration North Ossetia(AC of the Republic of North Ossetia)

06/22/2016). By a resolution dated 05.10.2016, the enforcement proceedings in respect of the SEC "Arsen" were completed on the grounds provided for in paragraph 4 of part 1 of Article 46, Articles 6, 14 of the Federal Law "On Enforcement Proceedings". By the decision of the head of the department of the Suburban RO UFSSP of Russia for the Republic of North Ossetia-Alania dated January 19, 2017 No. 15013/17/23806, the decision on the end of the executive ...

Ruling dated August 24, 2018 in case No. А14-5401/2017

No. 74-FZ dated 11.06.2003 "On Peasant (Farm) Economy" (hereinafter - Law No. 74-FZ). The rights of members of a farm as owners of its property (clause 3, article 6 of Law No. 74-FZ) are exercised in the exercise of the powers to own and use this property (Article 7 of Law No. 74-FZ) and the powers to agree on the procedure for disposing of property of a farm (...

Ruling dated August 14, 2018 in case No. А14-5400/2017

Court of Arbitration Central District(FAS CO) - Administrative

The essence of the dispute: On appealing the denial of state registration rights to real estate and transactions with it

In which he asked: 1) to declare illegal the refusal to state registration of the right to an object of immovable property: a land plot with cadastral number 36:02:0000000:5042, with an area of ​​6,124,800 m2, located at: Voronezh region, Bobrovsky district, southern part Bobrovsky cadastral quarter intended for agricultural use (hereinafter referred to as the disputed land plot); 2) to oblige to carry out the state ...

Decision dated August 14, 2018 in case No. А15-157/2018

Arbitration Court of the Republic of Dagestan (AC of the Republic of Dagestan)

The farm should contain information about the procedure for the formation of the property of the farm, the procedure for owning, using, disposing of this property. The provisions on the composition of the property of a farm are enshrined in Article 6 of Law N 74-FZ. Paragraph 3 of Article 6 of the law provides that the property of a farm belongs to its members on the basis of joint ownership, unless an agreement between them establishes ...

Decision dated August 10, 2018 in case No. А32-22027/2018

Court of Arbitration Krasnodar Territory(AC of the Krasnodar Territory)

The sphere of nature management (ROSPRIRODNADZOR) has drawn up a protocol on administrative offense No. 0506/03/2471/PP/2017, according to which it was established that Kaptal Invest LLC violated the requirements of Art. 6, art. 39, Art. 50 Federal Law of 03.06.2006 No. 74 - Federal Law "Water Code of the Russian Federation", art. 34, 39 of the Federal Law of January 10, 2002 No. 7-FZ "On environmental protection ...

Good afternoon!

The purpose of establishing a coastal protective strip is set out in Decree of the Government of the Russian Federation of January 10, 2009 N 17 “On approval of the Rules for establishing the boundaries of water protection zones and the boundaries of coastal protective zones of water bodies” Art. 2:

The establishment of boundaries is aimed at informing citizens and legal entities about a special regime for the implementation of economic and other activities in order to prevent pollution, clogging, silting of water bodies and depletion of their waters, and to preserve the habitat of aquatic biological resources and other animal objects and flora within the boundaries of water protection zones and on additional restrictions on economic and other activities within the boundaries of coastal protective strips.

And the coastal strip of a public water body is in accordance with Part 6 of Art. 6 VK RF:

6. A strip of land along the coastline (boundary of a water body) of a public water body (shore strip) is intended for general use. The width of the coastline of public water bodies is twenty meters, with the exception of the coastal strip of canals, as well as rivers and streams, the length of which from source to mouth is not more than ten kilometers. The width of the coastline of canals, as well as rivers and streams, the length of which from source to mouth is not more than ten kilometers, is five meters.

7. The coastline of swamps, glaciers, snowfields, natural outlets of groundwater (springs, geysers) and other water bodies provided for by federal laws is not determined.

8. Every citizen has the right to use (without the use of motor vehicles) the coastal strip of public water bodies for movement and stay near them, including for recreational and sport fishing and mooring of floating facilities.

That is, coastal protective strip set to limit certain types economic activity which may cause damage to water bodies, and the coastal strip of a public water body has been established in order to ensure the rights of citizens to access water bodies that are state or municipal property.

So, in accordance with Part 17 of Art. 65 VK RF:

17. Within the boundaries of coastal protective strips, along with the restrictions established by part 15 of this article, it is prohibited:
1) plowing of land;
2) placement of dumps of eroded soils;

3) grazing of farm animals and organization for them summer camps, bath.

The width of the coastline is 20 m for all objects, with the exception of the coastline of canals, as well as rivers and streams, the length of which from source to mouth is not more than ten kilometers - for them 5 m.

The width of the coastal protective strip is established in accordance with Part 11, Part 12, Part 13 of Art. 65 VK RF:

11. The width of the coastal protective strip is set depending on the slope of the shore of the water body and is thirty meters for a reverse or zero slope, forty meters for a slope of up to three degrees and fifty meters for a slope of three or more degrees.
12. For flowing and waste lakes located within the boundaries of marshes and corresponding watercourses, the width of the coastal protective strip is set at fifty meters.
13. The width of the coastal protective strip of a river, lake, reservoir of especially valuable fishery importance (spawning, feeding, wintering grounds for fish and other aquatic biological resources) is set at two hundred meters, regardless of the slope of adjacent lands.

Thus, the coastal strip of a public water body is included in the coastal protective strip, which is at least 30 meters.

In the case of granting a coastal protective strip for use, the persons to whom it is granted cannot restrict citizens in access to a water body

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Clarification of the client

And read well the decrees of the government of the Russian Federation of 03.12.14. No. 1300 in this resolution, each item can be considered separately. Can be your opinion.

Lawyer, Saint Petersburg

Chat

Looked, listed objects for placement without providing a land plot in the property in accordance with Art. 39.36 of the Land Code. What specific question needs clarification?

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Clarification of the client

1- the very concept of the heading of this resolution, the replacement of which can be carried out on lands and land plots without the provision of a land plot and the establishment of institutions.

2- p.10, p.14, p.16, p.18, p.20, p.21 and p.19, I understand that this is provided for organizations serving recreation areas for the population, and further on in the text.

And on the basis of this decision, we were given a decision to a person that he was taking a decent amount of land for personal use. And the rest of the oral agreement allows them to stand, that is, small vessels. How to be

Lawyer, Saint Petersburg

Chat

1. This means that for the placement of objects listed in the specified List, it is not required to provide a site to citizens and legal entities on the right of ownership, lease ... does not require registration of an easement, but it is enough just to obtain permission from the authorized authority. In accordance with Part 3 of Art. 39.36 of the Land Code

The procedure and conditions for the placement of these facilities are established by a regulatory legal act of a constituent entity of the Russian Federation.

There must be such a regulation in your region and it must also be referenced when issuing such a permit.

2. The placement of these objects should not violate the restrictions established by Art. 65 of the Water Code.

3. In accordance with Part 2 of Art. 6 of the Water Code

2. Every citizen has the right to have access to public water bodies and use them free of charge for personal and domestic needs, unless otherwise provided by this Code, other federal laws.

If the actions of these persons violate your right to Free access to public water bodies, or other rights, you have the right to write a complaint to the prosecutor's office for this fact. If the prosecutor's office establishes violations, the perpetrators will be held accountable.


If the answer to your question was helpful, please put +

Sincerely, Alexander Nikolaevich!

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Lawyer, Saint Petersburg

Chat

But it completely takes away the mouth of the river that creates in the sea and does not allow a small vessel to start. What to do
Tatyana


I wrote to you above, file a complaint with the Prosecutor's Office. The prosecutor's office will investigate this fact.

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Another question is that I own a plot of 20 meters of the coastline, but the same person wants to make boat stations for personal use there. What will it look like legally?

Clarification of the client

Clarification of the client

Lawyer, Saint Petersburg

Chat

Another question is that I own a plot of 20 meters of the coastline, but the same person wants to make boat stations for personal use there. This is what it will look like in terms of the law
Tatyana


If the land plot is your property, then executive authorities and local self-government bodies cannot issue a permit for the establishment of objects contained in the specified List, since the land is privately owned. (you need to look at the boundaries of the site on the ground)

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Lawyer, Saint Petersburg

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Is the public strip exactly included in the protection zone of water bodies? Before this conversation, they told me No. Articles 6 and 65 are different
Tatyana


Look at the attached file, this is a schematic representation of the coastline and the coastal protective strip.

Yes, of course 6 and 65 st. VK RF are different, I didn’t say that they are the same

i. i.jpg jpg

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• Lawyer, Saint Petersburg

  Chat

  One more question, if possible. Is the boat station located on the water or on the public foreshore? And if the protective zone of water bodies, then where is it on the water or on land? On the water it will be pantone.
  Tatyana
  

  The coastline is on the shore, not on the water.

  The provision of water bodies for use is carried out in accordance with Chapter 3 of the Water Code, and the cases of provision are contained in Art. 11 VK RF

  Article 11

  1. On the basis of water use agreements, unless otherwise provided by parts 2 and 3 of this article, water bodies that are federally owned, owned by constituent entities of the Russian Federation, owned municipalities are available for use for:
  1) intake (withdrawal) of water resources from surface water bodies;

  2) use of the water area of ​​water bodies, including for recreational purposes;

  3) the use of water bodies without the withdrawal (withdrawal) of water resources for the purposes of generating electrical energy.

  2. On the basis of decisions on granting water bodies for use, unless otherwise provided by part 3 of this article, water bodies that are in federal ownership, the property of the constituent entities of the Russian Federation, the property of municipalities, are provided for use for:

  1) ensuring the defense of the country and the security of the state;

  2) discharge of sewage, including drainage, water;

  3) construction of berths, ship-lifting and ship-repair facilities;

  4) creation of stationary and (or) floating platforms, artificial islands on lands covered with surface waters;

  5) construction hydraulic structures, bridges, as well as underwater and underground passages, pipelines, underwater communication lines, other linear objects, if such construction is associated with a change in the bottom and banks of water bodies;

  6) exploration and production of minerals;

  7) carrying out dredging, blasting, drilling and other works related to changing the bottom and banks of water bodies;

  8) lifting sunken ships;

  9) alloy wood in rafts and with the use of wallets;

  10) withdrawal (withdrawal) of water resources for irrigation of agricultural land (including meadows and pastures);

  11) organized recreation children, as well as organized recreation for veterans, the elderly, the disabled;

  12) intake (withdrawal) of water resources from surface water bodies and their discharge in the course of aquaculture (fish farming).

  3. It is not required to conclude a water use agreement or make a decision on granting a water body for use if the water body is used for:
  1) navigation (including maritime navigation), navigation of small size vessels;

  2) single takeoff, single landing of aircraft;

  3) abstraction (withdrawal) from an underground water body of water resources, including water resources containing minerals and (or) being natural healing resources, as well as thermal waters;

  4) withdrawal (withdrawal) of water resources in order to ensure fire safety, as well as preventing emergencies and elimination of their consequences;

  5) intake (withdrawal) of water resources for sanitary, ecological and (or) navigable releases (discharges of water);

  6) intake (withdrawal) of water resources by ships in order to ensure the operation of ship mechanisms, devices and technical means;

  7) implementation of aquaculture (fish farming) and acclimatization of aquatic biological resources;

  8) holding state monitoring water bodies and other natural resources;

  9) conducting a geological study, as well as geophysical, geodetic, cartographic, topographic, hydrographic, diving works;

  10) fishing, hunting;

  11) implementation of traditional nature management in places traditional residence indigenous small peoples North, Siberia and Far East Russian Federation;

  12) sanitary, quarantine and other control;

  13) security environment, including water bodies;

  14) scientific, educational purposes;

  15) exploration and extraction of minerals, construction of pipelines, roads and power lines in swamps, with the exception of swamps classified as wetlands, as well as swamps located in floodplains of rivers;

  16) watering garden, garden, country land plots, personal subsidiary farm, as well as a watering place, carrying out work to care for farm animals;

  17) bathing and meeting other personal and household needs of citizens in accordance with Article 6 of this Code;

  18) carrying out dredging and other works in the water area of ​​a sea or river port, as well as works on maintenance of internal waterways Russian Federation;

  19) creation of artificial land plots.

  4. The provision of water bodies that are in federal ownership, the property of the constituent entities of the Russian Federation, the property of municipalities, or parts of such water bodies for use on the basis of water use agreements or decisions on the provision of water bodies for use is carried out accordingly executive bodies state power and local self-government bodies within their powers in accordance with Articles 24 - 27 of this Code.

Article 6 water bodies common use

• checked today
• code dated 01.01.2019
• entered into force on 01.01.2007

There are no new versions of the article that have not entered into force.

Compare with the version of the article dated 01/01/2009 07/18/2008 01/01/2007

Surface water bodies that are in state or municipal ownership are water bodies for general use, that is, public water bodies, unless otherwise provided by this Code.

Every citizen has the right to have access to public water bodies and use them free of charge for personal and household needs, unless otherwise provided by this Code, other federal laws.

The use of public water bodies is carried out in accordance with the rules for protecting the life of people at water bodies, approved in the manner determined by the authorized federal executive body, as well as based on the rules established by local governments for the use of water bodies for personal and domestic needs.

At public water bodies, the intake (withdrawal) of water resources for the purposes of drinking and domestic water supply, bathing, the use of small boats, jet skis and other technical equipment intended for recreation at water bodies, watering may be prohibited, as well as other prohibitions in cases stipulated by the legislation of the Russian Federation and the legislation of the subjects of the Russian Federation.

Information about the limitation of water use at public water bodies is provided to citizens by local governments through the media and through special information signs installed along the banks of water bodies. Other means of providing such information may also be used.

A strip of land along the coastline (boundary of a water body) of a public water body (shore strip) is intended for public use. The width of the coastline of public water bodies is twenty meters, with the exception of the coastline of canals, as well as rivers and streams, the length of which from source to mouth is not more than ten kilometers. The width of the coastal strip of canals, as well as rivers and streams, the length of which from the source to the mouth is not more than ten kilometers, is five meters.

The coastline of swamps, glaciers, snowfields, natural outlets of groundwater (springs, geysers) and other water bodies provided for by federal laws is not defined.

Every citizen has the right to use (without the use of motor vehicles) the coastal strip of public water bodies for movement and stay near them, including for recreational and sport fishing and mooring of floating facilities.