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On certain questions of limitation of land conveyancing next to water sources for the purpose of ensuring their environmental security
Abstract.This article is dedicated to the examination of certain questions of limitation of land conveyancing next to water sources for the purpose of ensuring their environmental security. The author substantiates a position that changes in the current legislation of the Russian Federation and legal practice of the country’s arbitral tribunal of all levels pertaining to regulation of the problem of limitation of land conveyancing next to water sources for the purpose of ensuring their environmental security, carry an inconsistent and illogical character, which is not supported by the legal doctrine. The author suggests implementing the following measures: 1) cancel the restriction of land conveyancing, established by the Item 5.14 of the Article 27 of the Land Code of the Russian Federation; 2) introduce into the legislation provisions of the direct action of the Source Water Protection the normative definition of their boundaries, or to impose on the competent authorities the responsibility for the development and approval by a specified date project zone of protection for all water bodies to be protected; 3) abandon the provision of the Source Water Protection with regards to waters that are sources of domestic water, or provide for the immediate adoption of the appropriate sanitary rules and norms.
Keywords: conveyancing, water sources, goal, provision, environment, security, damage, Russia, limitation, questions
Article was received:15-08-2016
This article written in Russian. You can find full text of article in Russian here .