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Problems of rectification of violations in protected zones of main gas pipeline facilities. The regulatory aspect
 
PIIS231243500025246-8-1
DOI10.18254/S231243500025220-0
Publication type Article
Status Published
Authors
Nikolay N. Toropov 
Occupation: 2nd Category Legal Counsel at Gazprom Transgaz Saratov Limited Liability Company
Affiliation: Gazprom Transgaz Saratov Limited Liability Company
Address: Russian Federation, Saratov
Journal nameEnergy law forum
EditionIssue 1
Pages33-40
Abstract

Sustainable development of any territory stipulates a number of restrictions. Legal amendments in terms of determination of restricted use zones have brought about the need for their determination, establishment and registration with the Unified State Register of Real Estate within the established term. This article reviews features of legal regulation of restricted use zones and in particular, protected zones of main gas pipelines taking into account the novelties introduced by separate legal acts in 2018. The purpose of the study is an evaluation of consequences of changes, determination of features of legally established guarantees with regards to subjects of legal relations taking into account the balance of interests of gas transport companies and land users. The author covers some challenging issues related to the legal regime of protected zones of main gas pipelines, analyzes the judicial practice, describes the concept of and requirements to protected zones of main gas pipelines, justifies restriction standards and specifies the measures adopted in respect of land plots located in protected zones. The author concludes that there is a need to adopt a regulation on protected zones of main gas pipelines, brings forward recommendations for improvement of provisions of urban development and land laws.

Keywordsenergy law, legal regime of energy facilities, protected zone, main gas pipeline, restricted use zone
Received20.02.2023
Publication date31.03.2023
Number of characters23891
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1 In the establishment of restricted use zones (RUZs), in particular, protected zones of main gas pipelines (PZMGPs), the legislator stipulates the need for creation of safe conditions for operation of hazardous industrial facilities.
2 In accordance with Art. 2 of Federal Law No. 69-FZ of March 31, 1999 On Gas Supply in the Russian Federation, such zones are established according to the procedure determined by the Government of the Russian Federation along gas pipeline routes and around other facilities of the gas system in order to ensure normal conditions of its operation. Regulation of the Government of the Russian Federation No. 1083 of September 8, 2017 On the Approval of Rules for Protection of Main Gas Pipelines and Amendment of the Regulation on Submission of Additional Data Displayed on Public Cadastral Maps by Federal Executive Bodies, Government Authorities of the Constituent Entities of the Russian Federation and Local Self-Government Authorities to the Federal Executive Body (Its Territorial Bodies) Authorized by the Government of the Russian Federation to Perform State Cadastral Registration, State Registration of Rights, Maintenance of the Unified State Register of Real Estate and Provisions of Data Contained in the Unified State Register of Real Estate (the “Main Gas Pipeline Protection Rules”) establishes that the protected zone along gas pipeline routes spreads 25 meters away from the pipeline axis on each side.
3 Before 2019, gas transport companies Gazprom, PJSC, and the Gazprom Group were heavily involved in the judicial work aimed at rectification of violations in PZMGPs.
4 By that time, there developed the practice of judicial satisfaction of claims for demolition of buildings, constructions, structures erected in PZMGPs, which was generally positive for Gazprom, PJSC.
5 Paragraph 5, Clause 6, Article 90 of the Land Code of the Russian Federation, Articles 28 and 32 of Federal Law No. 69-FZ of March 31, 1999 On Gas Supply in the Russian Federation introduced a prohibition against erection of any buildings, constructions, structures within the established minimum differences to facilities of the gas supply system without approval of the company that owned the gas supply system or its authorized organization. Any buildings, constructions and structures erected closer to facilities of gas supply systems than minimum differences established by construction regulations and rules were to be demolished at the expense of legal entities and individuals that committed the violation.
6 The Constitutional Court of the Russian Federation consolidated the existing judicial practice in this case category by stating in its ruling No. 2318-О of October 6, 2015, that regulation of the legal regime of land plots with facilities of the gas supply system is required for alignment of state, public and private interests in this sphere for the purposes of creation of favorable residential conditions by compliance with the requirements introduced by regulatory acts and urban development regulations and rules and control over their performance, and that the restrictions on the actual use of land plots with facilities of the gas supply system established by the federal legislator in view of the fire hazard characteristics of gas transported through gas transport networks and the special conditions of use of such land plots and the regime of performance of economic activities at such land plots stipulated in view of the above are aimed not only at ensuring of safety of facilities of the gas supply system at its operation, maintenance and repair but to prevent accidents, catastrophes and other potential unfavorable consequences and thus protect life and health of citizens, ensure safety [1].
7 However, Federal Law No. 342-FZ of August 3, 2018 On Amendment of the Urban Development Code of the Russian Federation and Separate Legal Acts of the Russian Federation (“Law No. 342-FZ”) that entered into effect on January 1, 2019, has introduced considerable amendments to the establishment of the RUZ legal regime including the PZMGP regime that could not but influence the existing judicial practice. Adoption of this regulatory act has indeed resulted in the reduction in the number of claims filed by gas transport companies against individuals and legal entities violating the PZMGP by various constructions.
8 Following the adoption of Law No. 342-FZ, Paragraph 5, Clause 6 of Art. 90 of the Land Code of the Russian Federation, Art. 28 and 32 of Federal Law No. 69-FZ of March 31, 1999 On Gas Supply in the Russian Federation have ceased to be in effect, however, the positive judicial practice of gas transport companies has been largely based on the provisions of these regulations.
9 The regulations that cease to be in force have been of imperative character and prohibited construction and location of any real estate units in the RUZ. At the time, Paragraph 5, Clause 6 of Art. 90 of the Land Code of the Russian Federation mirrored the requirements specified in Part 6 of Art. 28 of the Federal Law On Gas Supply in the Russian Federation and additionally stated that the “boundaries of protected zones with facilities of the gas supply system are determined based on construction regulations and rules, main pipeline protection rules, other regulatory documents approved according to the duly established procedure”.

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