Common areas: norms and rules, maintenance of the territory, legal regime

2024 Author: Henry Conors | [email protected]. Last modified: 2024-02-12 02:41

Places used by a large number of people are not subject to the same laws as private property. This property, although it is under the jurisdiction of any companies, belongs to the state, if we are talking about common areas within the boundaries of a city, country. Cleaners, special companies can take care of it, landscapers can look after the plants on it, but they are not the owners. At the same time, every citizen can walk on them, relax or use the functions that this territory provides. We will talk about what types of such places 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 have its sovereignty, are not subject to certain laws. The area of such common areas is characterized by a huge number of kilometers. For example, the Moon, Mars, comets, asteroids and other celestial bodies have such a status,the laws of different countries are powerless here. In addition to celestial bodies, the Antarctic, the seabed (outside the continental shelf), the high seas, the oceans and the airspace above them should be mentioned.

Earlier, this area was regulated by Roman law, but it had many ambiguous wordings and was interpreted in different ways. Later, the concept of MTOP (International Public Territory) was formed, which stipulated that such places could be used by any country only for peaceful purposes for development, study, etc. Without the decision of the UN Convention and the Geneva Convention, international territories would be considered disputed, wars or armed skirmishes would be waged on them, conflicts would flare up.

Types and examples of public places

Public therefore are called such places that are used by an unlimited number of people. It is impossible to prohibit anyone from entering them, although there are norms of behavior here. But more on that later. What places come to mind first? City parks, embankments, boulevards, beaches. Both visitors and residents of the city can come here at any time. On the beach, citizens who wish can use the coastal strip of public facilities.

Squares, forest parks, urban 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, lanes. This is not private property, and therefore it is impossible to complete the construction of privateobjects and it is not subject to privatization. Streets, roads, etc. are monitored by city services, and the rules of conduct on them are established by the regulatory legal acts of the given urban settlement.

Lands

These plots are marked with a red line and are within the boundaries of the city, are considered city or municipal property. The above types of public places also include land allotted for cemeteries, landfills, stops, kiosks, pavilions. They are designed to develop municipal culture and are of social and economic importance for the city.

Land plots of public territories of the RF LC 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 be classified as special purpose areas (this is clearly seen in the example of cemeteries). Article 46 of the Land Code of the Russian Federation regulates construction in these areas. In the documents, the boundaries of public places are marked with red lines, and development is prohibited on their territory.

Forests as common areas

Woodlands are especially protected, but this does not mean that citizens cannot enter urban forests. They are also positioned as common areas that are intended for use by the general public. In the forests, you can take walks for the purpose of healing, collecting wild fruits, mushrooms, berries, and other non-timber resources. Some areas in the forest maybe fenced: cases of their provision to private or legal persons take place, and they are specifically stipulated by the Forest Code.

But not always a wide range of people are allowed to enter urban forests. 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, natural protected areas. Works that endanger the he alth or cause discomfort to civilians may be carried out in such areas.

Territorial boundaries

As already mentioned, the boundaries of the common use area in the documentation should be marked with red lines along their entire length. This is normalized by the Civil Code of the Russian Federation, paragraph 11 as amended by the Federal Law of 03.07.16, No. 373. Lines are established depending on the type of objects: these can be included in the natural complex or areas for building, linear use, engineering infrastructure. Thus, water bodies are indicated by a red line along the coastline, forests - along the entire length of the territories, boulevards and embankments will be indicated only by straight lines.

Interestingly, the lines don't break. What about public places that are located next to each other? The passage to water facilities will be outlined by a red line from the boulevard, although it is not included in the concept of places of public use. This is logical, because if the passage from one public parcel of land to another is notwill have the same building ban as these sites, then nothing will prevent the developer from erecting a building there and protecting it, thereby blocking the passage to water facilities from that very boulevard.

Signs of public places and rules for their use

Lands of common use, first of all, have their purpose. If these are roads - for the passage of vehicles 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 issued by the administrativecenter.

First of all, the rules of use require the protection of such areas. If we are talking about such landscaped 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 the violation of the rules, such territories can no longer be used. This is called the "tragedy of common property". And the rules are simple: do not throw garbage on the grass, paths, do not leave it on the sand or on benches, do not make fires, swim only in designated areas, and so on.

Roads

Drivers often use roadways to move and transport any goods. Citizens use public transport. Separately, highways have their own rules, both large highways and minor roads. The maintenance of a common area can cost the state a lot 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 overweight is restricted. The call should be heeded, it can be installed for road safety reasons.

Sections within the boundaries of the ROW belong to roads. There are service stations, gas stations, roadside cafes. The use of common areas includes both refueling the car and relaxing in such cafes. On the diagramthe road is indicated along the border of the right of way.

Water areas

According to the RF VK dated 2006-03-06 No. 74-FZ, objects that belong to the state and are considered municipal sites are called water areas intended for public use. It may be forbidden to swim in them, draw water for drinking, agricultural needs only in those cases that are provided for by the law of the Russian Federation, and the population must be warned by the media, by special information boards.

The use of public territory is possible for every citizen to move on water, walk around it, and fish. The rules for using the common area say that in this case it is impossible to use mechanical water transport, but it is allowed to moor with other floating facilities.

Building Placement

Property, be it a garage or a residential building, should not cross those red lines on the diagrams that mark the boundaries of public places. It should also not go beyond these limits, because such development can be regarded as an illegal seizure of territories. This also applies to the imposition of boundaries: if part of the proposed building is on the red line denoting the boundaries of a public place, permission for such a construction will not be given.

Public places cannot be privatized, and therefore the construction of the planned building on them by the owner is not provided. Earthareas of common use can be auctioned off, then the re-registration of these areas as private should follow.

Everyone's responsibility

As already mentioned, the responsibility for common areas is shared among all citizens. Therefore, you need to ensure that there is no garbage left in recreation areas, do not make fires or swim where it is prohibited, and also point this out to others who did not pay attention to warnings. This way you can not only avoid the tragedy of common property, but also influence the improvement of these places in the future.