The places that a large number of people use are subject to completely different laws than private property. This property, although owned by any company, belongs to the state, if we are talking about common areas within the city or country. Cleaners, special companies can look after her, planting plants on her - landscapers, but they are not the owners. At the same time, every citizen can go through them, relax or use the functions that this territory provides. We will talk about what types of places there are and how to use them without violating the laws, in this article.
International Territories
These are spaces that do not fall under the jurisdiction of any state, do not possess its sovereignty, and are not subject to certain laws. The area of such common areas is distinguished by a huge number of kilometers. For example, the Moon, Mars, comets, asteroids and other celestial bodies have this status, the laws of different countries are powerless here. In addition to celestial bodies, it is necessary to mention the Antarctic, the seabed (outside the continental shelf), the open sea, oceans and the airspace above them.
Previously, this area was regulated by Roman law, but it had many ambiguous formulations and was interpreted differently. Later, the concept of MTOP (international common territory) was formed, which stipulated that any country could use such places only for peaceful purposes for development, study, etc. Without a decision of the UN Convention and the Geneva Convention, international territories would be considered disputed, wars or armed clashes would be fought on them, conflicts would flare up.
Types and examples of public places
Therefore, public places are called places that are used by an unlimited number of people. It is impossible to prohibit anyone from entering them, although standards of behavior exist here. But more on that later. What places come to mind in the first place? City parks, embankments, boulevards, beaches. Both visitors and residents can come here at any time. On the beach, citizens who wish can use the coastal strip of public facilities.
The parks, forest parks, city forests, and squares were not mentioned. They can only be used for their intended purpose, and this is stipulated in legal acts. Separately, you can name the streets, roads, bike paths, driveways, alleys. This is not private property, and therefore it is impossible to finish building private objects on it and it is not subject to privatization. The streets, roads, etc., are monitored by city services, and the rules of conduct on them are established by the regulatory legal acts of this city settlement.
Land
These plots are indicated by the red line and are located within the city limits, are considered urban or municipal property. The above types of public places also include land allotted for cemeteries, landfills, stops, kiosks, pavilions. They are intended for the development of municipal culture and have socio-economic significance for the city.
Land plots of the common areas of the RF Land Code were not allocated to territorial zones, which means that they can be located in several zones at once. Due to the fact that such land plots are not located in a certain zone, urban planning regulations cannot be applied to them, but they can relate to special purpose territories (this can be clearly seen in the example of cemeteries). Article 46 of the LC RF regulates the construction of these areas. In documents, the boundaries of public places are indicated by red lines, and building is prohibited on their territory.
Forests as common areas
Forest areas are especially protected, but this does not mean that citizens cannot enter the city forests. They are also positioned as common areas that are intended for use by the general public. In the forests, you can take walks with the aim of healing, collecting wild fruits, mushrooms, berries, and other non-woody resources. Some areas in the forest may be fenced: cases of giving them to private or legal entities take place, and they are specifically stipulated by the Forest Code.
But it is not always possible to enter a city forest to a wide circle of people. The use of this public place is limited, first of all, in order to protect citizens. When performing any work, for sanitary and fire safety, on defense lands, border areas, and natural protected areas. In such areas, work may be carried out that threatens the health of civilians or causes them inconvenience.
Territory boundaries
As already mentioned, the boundaries of the territory of general use in the documentation should be indicated by red lines along their entire length. This is regulated by the Civil Code of the Russian Federation, clause 11 as amended by the Federal Law of 03.07.16, No. 373. The lines are set depending on the type of objects: it can be included in the natural complex or territory for development, linear use, engineering infrastructure. So, water bodies are indicated by a red line along the coastal strip, forests - along the entire length of the territories, boulevards and embankments will be indicated only by straight lines.
Interestingly, the lines do not break off. What about public places that are next to each other? The passage to the water bodies will be outlined by the red line from the boulevard, although it is not included in the concept of public places. This is logical, because if the passage from one public land plot to another does not have the same building prohibition that these plots have, then nothing will stop the builder from erecting a building there and enclosing it, thereby blocking the passage to water bodies from that boulevard.
Related Documentation
The boundaries of the territories are planned and indicated in documents with a scale of 1: 2000. Preparation of papers, which are required in large quantities during the planning of territories, ensures competent and sustainable development of cities. Land plots are assigned numbers if necessary - when several plots of the territory of common use fall into the layout, in order to avoid confusion. Who prepares and deals with the layout of land? Citizen, legal entity, if bidding was not done at auction. The executive state body provides training.
The scheme can be prepared in electronic form using the Internet. The state body does this through the official website of the registration body without payment, but it will be levied on any other interested person if it wants to independently handle the documentation.
Signs of public places and rules for their use
Lands of general use, first of all, have their purpose. If these are roads - for transport from one part of the city to another, a cemetery is needed for the burial of the dead, parks - for recreation. Municipal common areas also have an established regime imposed by the management center.
First of all, the rules of use require the protection of such sites. If we are talking about such green areas of common use as forests, parks, boulevards, city gardens and other objects, then their improper use will lead to fires, destruction of vegetation and other troubles. Due to a violation of the rules, it will no longer be possible to use such territories. This is called the "tragedy of common property." And the rules are simple: do not throw trash on the grass, paths, do not leave in the sand or on benches, do not make fires, bathe only in designated areas, and so on.
Car roads
Drivers often use carriageways to move and transport any cargo. Citizens use public transport. Separately, motor roads have their own rules, with both large highways and secondary roads. The maintenance of common areas can cost the state a large amount of effort, time and financial costs. Therefore, the safety of roads should be monitored by drivers, as well as by special services. There are places where the passage of vehicles weighing more than permissible is limited. It should heed the call, it can be installed for reasons of road safety.
Roads include sections within the right of way. There are service stations, gas stations, roadside cafes. The use of common areas includes refueling and rest in such cafes. In the diagram, the road is indicated along the border of the right-of-way.
Water areas
According to the RF VK dated 03.06.2006 No. 74-FZ, objects that belong to the state and are considered municipal areas are called water areas intended for public use. They may not be allowed to swim, to collect water for drinking, agricultural needs only in those cases stipulated by the law of the Russian Federation, and the population should be warned by the media, special information boards.
The use of the public territory is possible for every citizen to travel on water, to walk around it, to fish. The rules for using the common territory say that it is impossible to use mechanical water modes of transport in this case, but it is allowed to moor by other floating means.
Placement of buildings
A property, whether it be a garage or a residential building, must not cross those red lines in the diagrams that indicate the boundaries of public places. He also should not go beyond these limits, because such a development can be regarded as illegal seizure of territories. This also applies to the imposition of borders: if part of the planned building is located on the red line indicating the borders of any public place, permission for such construction will not be given.
Public places cannot be privatized, and therefore, the construction of them by the owner of the planned building is not provided. The lands of common areas can be auctioned, then re-registration of these plots as private should follow.
