Natural objects: fiction in law. Natural and artificial real estate objects Distinguish by origin

Classification of real estate objects according to various criteria (categories) contributes to a more successful study of the real estate market and facilitates the development and application of methods for assessing the value of various types of real estate. In the process of classification, separate groups of real estate are distinguished that have similar characteristics of functioning, which determines the possibility of uniform approaches to their assessment.

For these purposes, different classification principles can be applied, depending on their origin and purpose. However, the definition of real estate involves the allocation of two components in its structure.

- Natural (natural) objects- land plot, forest and perennial plantations, isolated water bodies and subsoil plots. These real estate objects are also called "real estate by nature".

- Man-made objects (buildings):

a) Residential Properties- a low-rise building (up to three floors), a multi-storey building (from 4 to 9 floors), high-rise buildings (from 10 to 20 floors), a high-rise building (over 20 floors). The object of residential real estate can also be a condominium, a section (entrance), a floor in an entrance, an apartment, a room, a country house;

b) commercial property- offices, restaurants, shops, hotels, shopping and entertainment centers, garages for rent, warehouses, buildings and structures, enterprises as a property complex, etc.

v) public (special) buildings and structures

- health-improving (hospitals, clinics, nursing homes and children's homes, sanatoriums, sports complexes, etc.);

Educational and educational (kindergartens and nurseries, schools, colleges, technical schools, institutes, houses of children's creativity, etc.);

Cultural and educational (museums, exhibition complexes, parks of culture and rest, houses of culture and theaters, circuses, planetariums, zoos, botanical gardens, etc.);

Special buildings and structures - administrative (police, court, prosecutor's office, authorities), monuments, memorial structures, train stations, ports, etc .;

G) engineering structures- land reclamation and drainage, complex engineering preparation of a land plot for building, etc.

Each of these groups can be further disaggregated based on different typological criteria.

Man-made objects are called "real estate by law", but this category of real estate is based on "real estate by nature." Artificial objects can be fully built and ready for use, may require reconstruction or major repairs, and also refers to unfinished construction projects. ... "Incomplete" includes objects for which documents on the acceptance of the object for operation have not been drawn up in accordance with the established procedure. Construction in progress can be divided into two groups: objects on which work is being carried out, and objects on which, for one reason or another, work has been stopped. In accordance with the current procedure, there are two types of termination of work at the facility: conservation and complete cessation of construction. The decision on the termination of construction is made by the developer. The decision must indicate the reasons for the conservation or complete cessation of construction, as well as:

In case of conservation - the period for which the construction is conserved (temporarily stopped), the conditions of conservation, the name of the organization responsible for preparing the construction site for conservation, the safety of the constructed facilities and the work performed;

With the complete cessation of construction - the procedure for the liquidation and use of already built objects or their parts, assembled structures and equipment, the sale of material values ​​brought to the construction site.

Land plots can be divisible and indivisible. A plot is called divisible when it can be divided into parts and form independent land plots with a permit for intended use... In accordance with the legislation, the division of urban land, farm land, etc. is not allowed.

The land fund in the Russian Federation for economic purposes is divided into seven categories of land:

1. Agricultural land have a special legal status in the real estate market and are used:

For agricultural production (arable land, hayfields, pastures, fallow lands, perennial plantings, virgin lands and other lands);

For personal subsidiary plots;

For collective gardening and horticulture;

For auxiliary agricultural industries;

For experimental and scientific stations.

The transfer of land from this category to another is carried out only by the decision of the subject of the Federation. Particularly valuable land is not subject to privatization.

2. Lands of cities and towns occupy 4% of the country's territory. Residential buildings and socio-cultural institutions, as well as streets, parks, squares, nature protection structures are located on these lands; industrial, transport, energy, defense facilities and agricultural production can be located. This category of land provides 86% of the consolidated budget revenues from all payments for land use and can only be used in accordance with general plans and projects.

3. Lands for industry, transport, communications, television, informatics and space support, energy, defense and other purposes. They have a special mode of use.

4. Lands of specially protected areas include reserves; green areas of cities, rest houses, tourist centers; monuments of nature, history and culture; mineral waters and therapeutic mud, botanical gardens, etc. This category of land is intended for the improvement of people, mass recreation and tourism, as well as for historical and cultural education and aesthetic enjoyment. Such lands are protected by special legislation, and it is prohibited to conduct economic activities on them.

5. The lands of the forest fund are fully determined by the legal regime of the forests growing on them. This category of land includes land covered with forests and provided for the needs of forestry and local industry.

6. Water fund lands. These are lands occupied by reservoirs, glaciers, swamps (except for tundra and forest-tundra), hydraulic structures and right-of-way at them.

7. Stock lands serve as a reserve and are allocated for various purposes.

The sale of land plots, as well as their allocation for entrepreneurial activity and transfer from one category to another, is carried out in accordance with the laws of the Russian Federation and the constituent entities of the Federation.

So, for example, a list of lands intended use, which are not subject to sale, is determined by law. These include:

a) state (municipal) property:
- protected or specially used natural areas (reserves, natural monuments, national and dendrological parks, botanical gardens, etc.);
- land plots of historical and cultural heritage of federal significance according to the list approved by the Government of the Russian Federation; - land plots of forest and water resources; - land plots for recreational and historical and cultural purposes;
- land plots of crematoria and cemeteries;

b) undeveloped land plots:

Agricultural purposes, forest and water resources, specially protected lands, for which a special privatization regime is established by the legislation of the Russian Federation;
- contaminated with hazardous substances and biogenic contamination;
- common use (streets, driveways, roads, embankments, parks, forest parks, squares, gardens, boulevards, reservoirs, beaches and other areas classified in accordance with the legislation to common lands);

Located in sea, river and air ports of federal significance or designated (reserved) for their future development;
- those in temporary use without the right to erect capital structures;
- for which, at the time of the application, there are disputes about the ownership of these plots or real estate firmly connected with it;

Others, not subject to privatization in accordance with the legislation of the Russian Federation.

The above lands belong to the category current use of the land, those. not for sale. A land plot in circulation is used to generate income, including by leasing it, contributing to the joint capital, as collateral, etc.

The above classification systems for real estate and land plots are currently taken as the basis for accounting in the assets of enterprises. but they consider real estate objects not as a single whole, but as fixed assets and land. However, if we analyze the market value of real estate, it becomes necessary to develop our own classification system, which would take into account the main “commodity” properties of the integral object of assessment and would be linked to the existing systems of classification and description of objects.

With regard to residential real estate, several typological constructions are possible. For example, depending on the duration and nature of housing use:

Primary housing - place of permanent residence;

Resellers - suburban housing that is used for a limited period of time;

Tertiary housing - intended for short-term stays (hotels, motels)

In relation to the conditions of large cities, it is customary to distinguish the following typological characteristics of residential real estate:

1. Elite housing. The following basic requirements are imposed on it: accommodation in the most prestigious districts of the city; belonging to the "old" fund (if there is a major overhaul and reconstruction) or to the "Stalinist" fund; brick walls; the total area of ​​apartments is not less than 70 sq. m .; the presence of isolated rooms with a configuration close to a square, and a large kitchen (at least 15 sq.m.); the presence of a guarded entrance, an underground or nearby garage, etc.

Low-rise cottage-type houses that are part of the elite are characterized by such consumer requirements as: accommodation at such a distance from the city when the trip takes no more than 1 hour; brick walls; buildings on two or more levels; availability of objects of consumer and engineering services.

2. Lodging of superior comfort. Consumer demand for housing of this type presupposes the following main characteristics: the possibility of accommodation in various (not only the most prestigious) districts of the city; a slight decrease in the requirements for the area of ​​rooms and kitchens to 12 and 8 sq. m (respectively); a living room with an area of ​​at least 17 sq. m .; greater variety of design and technological parameters.

With regard to low-rise buildings located in a suburban area, the main characteristics are high strength, durability and low thermal conductivity of the walls, as well as the provision of engineering networks.

3. Typical housing. It is characterized by: placement in any area of ​​the city; compliance of architectural and planning parameters with modern building codes and regulations; in terms of design and technological parameters, belonging to the second generation of industrial housing construction and modern.

For low-rise suburban development, the most important are not only technical characteristics, but also the provision of basic social facilities.

4. Housing of low consumer qualities. Based on the conditions of consumer demand, which is formed under the influence of the solvency factor, the requirements for this type of housing are very small: placement in non-prestigious areas; remoteness from the main transport communications; belonging to such constructive and technological types as buildings of the "old" fund, which have not undergone capital and repair and construction works, and houses of the first generation of industrial housing construction; placement in the first floors of houses of other types; underestimated architectural and planning characteristics, etc.

The considered classification takes into account the preferences of the target groups of home consumers and the level of their ability to pay (marketing approach). However, residential real estate can be divided into On the basis of town planning landmarks in general, the following features can be distinguished:

Architectural planning solutions;

Constructive and technological characteristics;

Location (prestige of the area, location in close proximity to places of employment;

Time, years of construction, terms of operation, reconstruction, repair;

Modern residential buildings with a wide variety of characteristics.

There is and classification of residential real estate objects depending on the material used for the outer walls of the building: - houses with brick walls; - panel houses; -monolithic houses; -wooden houses; - mixed houses. A separate niche is occupied by suburban real estate objects due to the insignificant volume of transactions and their specificity.

The signs of the classification of residential real estate, which served as the basis for the grouping, are different, as well as their motivations, preferences and conditions of solvency are different. It is not possible to use a single typological criterion that integrates the influence of all factors. Therefore, in practice, several criteria are used that give a reasonable idea of ​​the real estate object.

Commercial real estate can be subdivided into income-generating - commercial real estate itself and creating conditions for its extraction - industrial (industrial) real estate.

TO income-generating real estate, can be attributed:

1. Office rooms. When classifying office premises in each region, municipality, various factors are taken, according to which the premises belong to one class or another. This can be the location, the quality of the building (the level of finishing, the condition of the facade, the central entrance, the presence of elevators), the quality of management (the management company, the availability of additional services for tenants), etc.

2. Hotels. Hotel projects in Russia today are the most difficult types of investment in profitable real estate. The construction of new or reconstruction of old hotels of the highest class, their equipment and operating costs are considered a rather risky investment of money, because the costs of such projects are several times higher than the costs of building fashionable shopping malls or office centers. In addition, five-star hotels have very long payback periods, which is why the Russian profitable real estate market gravitates towards low-rate hotels and lower capital investments.

3. Parking garages (car parks) as commercial real estate in the country has prospects. Indeed, for every thousand inhabitants, in accordance with the norms, about 150 parking spaces are required.

4. Shops and shopping malls. The factors that determine the success in this segment include: the right location; drawing up a functional solution and accumulation; the needs of potential visitors; a correctly drawn up forecast of the development of the territory adjacent to the building site;
- the general atmosphere of ITC, which is achieved in the process of design and design developments; well-developed selection of tenants; correctly chosen management company. For shopping malls, in addition to the above factors, it is especially required to provide service to tenants (for example, constant cleaning of the territory, repair service of scales, round-the-clock security, pressing cardboard, etc.).

The problems causing a shortage of liquid and investment-promising retail real estate in most Russian cities are similar and are primarily associated with the structure of the non-residential fund that developed in the pre-reform period:

A small share of non-residential premises is allocated for profitable entrepreneurship, a significant part of which is occupied by various organizations;

The unsatisfactory location of many objects that are functionally suitable for commercial use does not allow their development;

In large industrial cities, the share of industrial real estate in the structure of the non-residential stock is excessively high, the re-profiling of which requires significant investments and is often difficult due to an unclear legal status;

Most of the non-residential fund is in an unsatisfactory technical condition;

In most cities, investment activity is concentrated mainly in the city center.

5. Industrial (industrial) real estate in Russia is at an early stage of development. Before concluding a deal, it is necessary to conduct a comprehensive analysis of the documents of title to make sure that the seller's rights to the proposed object are indisputable, the possibility of its legal alienation and the rights of the new owner to use this object for the intended purpose.

In the emerging western market adopted another, different from the proposed above classification of real estate objects in categories A, B and C.

Category A. Real estate objects used by the owner to conduct business: - real estate objects used to conduct a specific business. Usually sold together with a business (specialized real estate); - non-specialized real estate - ordinary buildings - shops, offices, factories, warehouses, etc., which are usually sold or leased.

Real estate classification can be carried out by the criterion of participation in the production process... All real estate of the enterprise can be conditionally divided into three groups:

1. Real estate for industrial purposes - objects that are directly involved in the production process.

2. Non-production real estate (auxiliary) - objects that are not directly involved in the production process, but their presence is necessary for the full and efficient operation of the entire enterprise (warehouses, administrative building, canteen, access roads, other buildings and structures).

3. Non-core real estate - objects for various reasons that are not involved not in the main, non-auxiliary activities of the enterprise, which include: - physically and morally obsolete objects, - objects vacated due to the lack of a work front, - objects of unfinished construction.

The classification of real estate objects formulated briefly includes.

1. Functional purpose of real estate:

production - directly or indirectly involved in the creation of goods;

non-production - do not participate in the creation of goods, provide conditions for service and living of the population;

2. Reproducible types of real estate include: buildings; structures; perennial plantings.

3. Non-produced types of real estate include: land plots; natural deposits; natural water pools.

4. According to the degree of readiness for exploitation, the following are distinguished: the real estate put into operation; Construction in progress.

5. Various real estate objects are subject to classification depending on the characteristics and their operational and technological indicators.

6. Buildings can be: for industrial purposes; cultural and household; serving; residential.

7. Each building is different: number of storeys (one-storey, 2-storey, multi-storey); type of building material (stone, wood, mixed, adobe, adobe, panel); temperature control (heated, not heated); types of lighting (natural top, side, artificial, combined); air exchange system (natural, mechanical, air conditioning); capital (especially capital, ordinary, lightweight, chopped); service life (100, 80, 65, 40.20 years).

8. Approximately according to this scheme, you can make a classification of structures, perennial plantings, etc.

From the point of view of the interests of the owner, the existing real estate of the enterprise should be divided for operating and investment... The main purpose of this classification is to identify non-core real estate objects, the maintenance of which creates high costs per unit of production.

Table. The main features of operating and investment real estate as objects of management

Characteristic	Operating real estate	Investment property
Definition	Owner-occupied property intended for use in the production or supply of goods, services, or administrative purposes.	Property held by (owner or lessee under a finance lease) for the purpose of receiving rent payments or capital appreciation, or both
Way of use by the owner	Material asset, with its direct use in the production process	Source of income, without directly using it as a user
Goal of management	Minimization of costs with the required quality of services providing real estate	Maximizing income and property value
Cash flow generation	Cash flows are related not only to real estate, but also to other assets used in the production process	Cash flows from real estate are largely independent of other assets of the enterprise
Risks	The risk of unforeseen costs. Inflationary risk. Risk of production and economic activities	Cash flow risk. The risk of changes in the value of the property. The risk of being unclaimed.

The term "real estate object" should be understood as any land plot, as well as all types of buildings and structures that are the property of the state, enterprise, legal entity or individual.

Real estate any object is called, presented as a type of property, which is legally recognized as immovable.

It includes all objects that cannot be moved without causing significant damage or even destruction. That is why all buildings, structures and even unfinished buildings are equally entitled to be called real estate objects. In this case, neither the style of the building, nor its peculiarities matter.

But buildings of historical or cultural importance, such as churches, cathedrals, ancient castles and the like can only be conditionally attributed to real estate for the reason that they are not subject to free sale, but are the cultural heritage of the state and are under his guard.

The Church of the Savior on Spilled Blood in St. Petersburg has been under the protection of the State Inspectorate since 1968

Types of real estate

All real estate objects are divided into two types:

• Natural objects- these are real estate objects of natural origin (forest lands, land plots, water bodies and subsoil plots). Natural objects are natural real estate.
• Artificial objects- these are various types of buildings and structures (private and apartment buildings, commercial facilities and public buildings, engineering structures and many others).

Let's take a closer look at each type of real estate and consider the characteristic features of their use.

The main features of real estate

Among the main distinguishing features of real estate are the following:

• High price- the cost of most real estate objects is quite high. No wonder many people buy their own home is one of the most important purchases in their entire life.
• Impossibility to move- real estate objects are not possible to move freely in space without causing significant damage to them.
• Earth attachment- almost every real estate object is firmly connected with the land, both legally and legally, and purely physically (buildings and structures are built on the ground, subsoil plots are located in the earth, and so on).
• Investment longevity- all over the world, the purchase of real estate is considered one of the most reliable and long-term types of investment.
• Uniqueness- each property is unique in its basic physical characteristics. Even at first glance, typical buildings that are identical also have significant differences and characteristic features (location, role in infrastructure, and other factors).
• Loss of value as it wears out- the majority of artificial real estate objects gradually lose their value as the buildings wear out and age. However, this does not apply to objects of cultural and historical heritage of the state, because over time, the importance and value of such structures only increases.
• Increase in value previously constructed buildings or land plots occurs when the construction of new buildings begins nearby.
• State control- all business and real estate transactions are under the strict control of the state. In order for the transaction for the purchase or sale of real estate to be recognized as legal. it should be done only with the help of bodies and persons authorized by the state.
• Usefulness for humans- real estate objects represent certain benefits for people. They are used as living space or for many other purposes.

Properties of real estate objects

Without exception, all real estate objects have certain properties:

• Fundamentality- any of the real estate objects cannot be broken, lost or stolen. That is why many business people consider real estate to be one of the most profitable areas of investment.
• Utility- each property must meet the needs of the owner.
• Uniqueness- each property has its own characteristics and is unique.
• Stationarity- all properties are closely linked to land.
• Liquidity- real estate objects are characterized by low liquidity (that is, the speed of real estate sales is low in comparison with many other types of goods).

General classification of real estate

Ownership goals:

• Commercial (doing business)
• Housing - as a living quarters for the owner's family
• Investing - buying real estate in order to make a profitable investment of funds.

Ready for operation

• Commissioned
• In need of major repairs, full or partial reconstruction
• Unfinished buildings

Playability

• Non-reproducible real estate objects, which include land plots and mineral deposits.
• Reproducible objects - perennial plantations, as well as various buildings and structures.

Man-made objects (buildings)

Public property:

• Hospitals
• Polyclinics
• Theaters
• Museums
• Houses of culture
• Libraries
• Schools
• Higher education institutions
• Railway stations

All public buildings and structures are places open to the free access of citizens. Most of them offer free admission.

Commercial real estate:

• Enterprises as property complexes are also real estate. In this case, a production enterprise may include several units of real estate of various types. These are administrative buildings and production facilities (workshops), water bodies and perennial plantings, engineering and transport networks, as well as numerous outbuildings and warehouses.
• Buildings and constructions, the main purpose of which is business, organizing business meetings, negotiating and so on.
• Offices - commercial real estate, intended to accommodate the staff of companies, firms, and so on. Even a suitably equipped small apartment can act as an office for a small company.
• Restaurants and cafes - are also commercial real estate and serve as places for public catering.
• The shops - separate buildings or square meters allocated for rent in the general building of shopping centers.
• Garages for rent
• Warehouses

Residential Properties

Lodging Is a building intended for human habitation. The accommodation is equipped with all the essential and vital amenities.

By the nature of the building, the features of the layout and the location, residential buildings can be conditionally divided into several types:

• Urban housing
• Country housing
• Typical buildings
• Elite buildings

In terms of size, technical and functional characteristics, the following types of housing can be distinguished:

• Secondary housing
• Vacation home
• Apartment house
• Apartment
• Room
• Individual (private) house

Natural (natural) objects

Land is an important natural property. Moreover, the earth appears in two different aspects:

1. Earth- these are land plots on which construction is planned in the future.
2. Earth- these are separate natural complexes, which are intended for their further development and exploitation.

In all centuries and times, land was considered the main value, an indicator of wealth and prosperity. No wonder the famous American writer Mark Twain wrote: "Buy land - after all, no one else produces it." That is why, since ancient times, there has been a fierce struggle for the best lands - territory and natural resources.

Natural properties include the following:

• Subsoil plots
• Water objects
• Natural forests
• Perennial plantings
• Land

Different countries of the world have their own laws regarding the sale of natural resources - in particular, the possibility of their free purchase and sale by citizens. However, in most countries, all of the above natural real estate objects are owned by the state.

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Introduction

2.1 Buildings

2.2 Premises

2.3 Structures

2.4 Engineering structures

Chapter 3. Unique objects

3.2 Unique man-made objects

Conclusion

References

Introduction

Typology is a classification based on essential characteristics. It is based on the concept of type as a unit of dismemberment of the studied reality, a specific ideal model of historically developing objects.

Classification of real estate objects according to various criteria (criteria) contributes to a more successful study of objects. For these purposes, different classification principles can be applied, depending on their origin and purpose.

Real estate is a type of property that is legally recognized as immovable.

Real estate by origin includes land plots, subsoil plots and everything that is firmly connected with land, that is, objects, the movement of which is impossible without disproportionate damage to their purpose, including buildings, structures, objects of unfinished construction.

In addition to real estate by origin, there is "real estate by law" in Russia. It includes aircraft and sea vessels subject to state registration, inland navigation vessels, and space objects.

The definition of real estate objects assumes the presence of two elements in their structure

1. Natural (natural) objects - land, forest and perennial plantations, isolated water bodies and subsoil areas. They are also called "real estate by nature".

2. Artificial objects (buildings): apartment buildings, commercial, public (special) buildings and structures, engineering structures. These objects can be fully built and ready for use, may require reconstruction or major repairs, and also refers to unfinished construction projects.

Chapter 1. Natural properties

Lands in the Russian Federation for their intended purpose are subdivided into the following categories:

1. Agricultural land - land outside the boundaries of the settlement and provided for the needs of agriculture, as well as intended for these purposes. They include agricultural land, land occupied by on-farm roads, communications, forest plantations designed to ensure the protection of land from the impact of negative (harmful) natural, anthropogenic and man-made phenomena, water bodies, as well as buildings, structures, structures used for production , storage and primary processing of agricultural products.

2. Lands of settlements are lands used and intended for building and development of settlements. Lands of settlements may include land plots classified in accordance with town planning regulations to the following territorial zones: residential; public and business; production; engineering and transport infrastructures; recreational; agricultural use; special purpose; military facilities; other territorial zones. The boundaries of territorial zones must meet the requirements for each land plot to belong to only one zone. The rules for land use and development establish urban planning regulations for each territorial zone individually, taking into account the peculiarities of its location and development, as well as the possibility of territorial combination of various types of land use (residential, public and business, industrial, recreational and other types of land use). land plots located within the boundaries of one territorial zone, a unified urban planning regulation is established. The urban planning regulations of the territorial zone determine the basis of the legal regime of land plots, as well as everything that is above and below the surface of land plots and is used in the process of development and subsequent operation of buildings, structures, structures.

3. Lands for industry and other special purposes, depending on the nature of special tasks for the solution of which they are used or intended, are subdivided into: land for industry; energy lands; transport land; lands of communications, radio broadcasting, television, informatics; land for space activities; land of defense and security; land for other special purposes. The composition of industrial and other special-purpose lands in order to ensure the safety of the population and create the necessary conditions for the operation of industrial, energy, especially radiation hazardous and nuclear-hazardous facilities, storage facilities for nuclear materials and radioactive substances, transport and other facilities may include security, sanitary - protective and other zones with special conditions for land use. Land plots that are included in such zones are not withdrawn from the owners of land plots, land users, landowners and tenants of land plots, but a special regime for their use may be introduced within their boundaries, restricting or prohibiting those activities that are incompatible with the goals of establishing zones ...

4. Lands of specially protected areas include lands that have special environmental, scientific, historical and cultural, aesthetic, recreational, health-improving and other valuable value. These include specially protected natural areas, including health-improving areas and resorts; land for nature conservation, recreational, historical and cultural purposes.

5. Lands of the forest fund - the lands of the forest fund include forest lands (lands covered with forest vegetation and not covered by it, but intended for its restoration, felling, burning, open spaces, glades and others) and non-forest lands intended for forestry (clearings, roads, swamps and others), except for forests on defense lands, urban settlements, as well as trees and shrubs on agricultural lands, transport, settlements, water resources and other categories. For permanent (perpetual) use, lease, free-of-charge fixed-term use, forest plots in state or municipal ownership are provided to legal entities, for rent, free-of-charge fixed-term use - to citizens. Provision of state or municipal forest plots to citizens and legal entities is carried out in accordance with the Forest Code of the Russian Federation.

6. The lands of the water fund include lands:

Covered by surface waters concentrated in water bodies;

Employed by hydraulic engineering and other structures located on water bodies.

On lands covered with surface waters, the formation of land plots is not carried out. For the construction of reservoirs and other artificial water bodies, land is reserved. The procedure for the use and protection of water fund lands is determined by the Land Code of the Russian Federation and water legislation.

7. Reserve lands include lands that are in state or municipal ownership and are not provided to citizens or legal entities, with the exception of lands of the land redistribution fund, formed in accordance with Article 80 of the Land Code of the Russian Federation. The use of reserve lands is allowed after their transfer to another category, except for cases where reserve lands are included in the boundaries of hunting grounds, and other cases stipulated by federal laws.

1.2 Land plots by land

The land is divided into agricultural and non-agricultural.

Agricultural include:

1. Arable land includes land plots that are systematically cultivated for sowing agricultural crops, as well as clean fallows, including sowing of perennial grasses in crop rotation fields with a period of use provided for by crop rotations, and hatching fields. The spacing between orchards and other perennial plantations temporarily used for sowing agricultural crops are not included in the arable land area, but are taken into account as the area of ​​perennial plantings. Also, plots of improved hayfields and cultivated pastures, plowed up for the period of grass stand renewal, as well as those occupied with sowing of previous crops (for no more than two years), plowed up in order to create perennial pastures or improved hayfields, are not considered arable land.

2. Perennial plantings include land plots occupied by artificially created tree, shrub or herbaceous perennial plantations capable of producing fruit and berry, technical or medical products.

3. Lands are considered to be lands that were previously plowed, but now, due to certain circumstances, for more than one year, starting in autumn, they are not used for sowing agricultural crops and are not prepared for fallowing. Fallow areas do not include plowed areas of hayfields and pastures left for natural overgrowth with grass stand.

4. Hayfields are land plots covered with perennial herbaceous vegetation, which are systematically used for haymaking.

5. Swampy hayfields are considered to be excessively moistened hayfields located on low relief elements or on poorly drained level flat areas, near-terrace areas of backwaters and depressions of watersheds and flat plateaus, as well as on the edge of swamps with moisture-loving herbaceous vegetation.

6. Pastures are lands covered with perennial herbaceous vegetation, which are systematically used for grazing, not suitable for hayfields and which are not fallows. In addition, the area of ​​feeding and quarantine plots, as well as sections of livestock passages, are taken into account in the pastures. Pastures are subdivided into dry and waterlogged.

Non-agricultural include:

1. Forest areas are land plots covered with forest, including forest crops that have closed and not closed, forest edges, log cabins, fires and dead plantations, logging areas that are not bald, gaps and wastelands, forest nurseries.

2. Swamps - Land plots are excessively moistened by soil and atmospheric waters with decomposed and semi-decomposed peat residues on the surface.

3. Take into account the land occupied by water - natural and artificial reservoirs. In this case, lands occupied by rivers and streams, lakes, including freshwater ones, reservoirs, rates and other artificial reservoirs, canals, collectors and ditches are subject to separate registration.

4. Land occupied by railways, highways, inter-settlement, on-farm roads, cattle passes and clearings is taken into account under roads, passages and clearings.

5. Under public courtyards, streets and squares, the land occupied by production centers, field camps, streets and squares is taken into account; Under public buildings - Occupied with industrial, cultural, domestic and other houses and structures.

6. Among the disturbed lands, the lands, soil cover, which are disturbed during the development of mineral deposits and their processing, as well as during geological exploration, peat extraction, construction and other works, are taken into account.

7. Among other lands that are not used in agriculture, there are: Sands that are scattered, devoid of vegetation; Ravines - land plots of linear relief of erosional origin with a depth of one meter with an absent or poorly formed soil cover and an exit on the slopes of the lower genetic soil horizons; lands occupied by landslides, talus, clay and rubble surfaces and pebbles.

1.3 Land fund of Verkhnevilyuisky ulus

object real estate land unique

Geography

Territory - 43 170 km². It borders in the north with Oleneksky, in the northeast with Vilyui, in the southeast with Gorny, in the south with Olekminsky, in the southwest with Suntarsky, in the west with Nyurbinsky uluses.

Ulus is located on the middle reaches of the Vilyui River. Large tributaries flowing through the territory of the ulus: Chybyda, Tyuken, Tonguo. Like most of the territory of northern and central Yakutia, it lies in the "permafrost" area. The climate is sharply continental, in winter the temperature reaches 60 degrees below zero Celsius, in summer - up to +33.

History

XVII century - early XX century

It was first mentioned in written sources in connection with the arrival of Russian Cossacks on the banks of the Vilyui at the beginning of the 17th century. The Mangazeyan Cossacks, led by the Warrior Shakhov, installed the so-called. Verkhnevilyui winter hut on the left bank of the Vilyui, at the confluence of the Tyuken River. In the 60s of the 17th century, there was a church, a commissioner, a treasury and 7 residential buildings on this site.

In 1770, Ivan Argunov, the manager of the Verkhnevilyui winter hut, wrote a petition to the Yakutsk provincial chancellery to transfer the winter hut 45 km lower, to the right bank of the Vilyui in the Yolonnyokh area (this is 30 km lower from the current location of the village of Verkhnevilyuysk). On November 29, 1770, a transfer order was issued. At the new place, the settlement was given the name Olensk. And in 1783 the winter hut became the center of the Olensky district and received the status of a city. In 1771, there were 9 volosts on the territory of the winter quarters: Botulinskaya, 3 Bordonsky, 3 Zharkhansky, Neryuktyaysky and Chochunsky. After 1771, there was a division into three administrative units (uluses) Verkhnevilyuisky, Srednevilyuisky and Suntarsky. In 1808, there were 14 volosts in the Verkhnevilyuisky ulus, in 1817 - 13: two Zharkhansky, two Bordonsky, two Edyuge, Chochunsky, Nam, Orget, Botulu, Mayik, Yodey, Khangalas. In the Srednevilyui ulus in 1808 there were 12, in 1820 - 13 volosts: three Togus, 2 Kyryky, Modut, Tyaya, Mukuchu, Lyuchun, Zhemkon, Orget, Kuokuy. In the Suntarsky ulus in 1796 there were 8 and 9 volosts.

The Verkhnevilyuisky ulus in 1824 was divided into two more administrative units: the Verkhnevilyuisky ulus itself (5 volosts remained) and Markhinsky (the current territory of the Nyurba ulus. Chochu, Orgemt, Halbaki From 1790 to 1800 the names of the parish and nasleg were used simultaneously, since 1840 only “nasleg” is mentioned in archival documents.

Judging by the report of 1856, 9386 Yakuts (foreigners) and 22 Russians lived in the Verkhnevilyuisky ulus. They were engaged in animal husbandry: 6302 heads of cattle, 4173 horses, meadows were 18 800 dessiatines. There were a lot of lawsuits because of the farmland. Fishing was developed both on the river and on the lakes. Since November, many have hunted fur animals. In April 1867, the village became the ulus center. Kuoramyky (now Verkhnevilyuisk). At the beginning of the 20th century, there were 24 naslegs in the ulus: I Chochu, II Chochu, Harbalamkh, Kentik, Khalbaki, Dyullyukyu, Orosu, Tuobuya, Mayimk, I Edyugey, II Edyugey, III Edyugey, Nam, I Horo, II Horo, I Kyumlat, II Kyumlet, Yugulamt, I Botulu, II Botulu, Onogoschut, Chumkar, Surguluk.

Civil War 1918-1924

In 1918, Soviet power was established on the territory of the Verkhnevilyuisky ulus under the leadership of Stepan Arzhakov, Isidor Barakhov. But the organs of Soviet power did not last long, and in August 1918, in view of the threat of reprisals, the Arzhakov and his comrades-in-arms left for Bodaibo. Until December 1919, the ulus was ruled by proteges of the Kolchak government. Then power again passed to the Bolsheviks, headed by Stepan Arzhakov. In the years, white detachments led by Staff Captain Semyon Kanin, Konon Nikiforov, Fedor Govorov, Pyotr Pavlov, Eremey Popov fought against the Red detachments throughout the Vilyui basin. But there were no big bloody battles on the territory of the ulus. In many respects, this is the merit of the last head of the Verkhnevilyuisky ulus of that period, Potapov Yegor (Georgy) Efimovich, who had great authority and kept the people from actively contributing to the white movement. The final victory of the Soviet power in the ulus was established after the arrival from Yakutsk on July 14 on the steamer "Dictator" of the red detachment of Ivan Strod.

Population

Economy

Agriculture

The economy is based on agriculture. The main industry is animal husbandry (meat and dairy cattle breeding, meat herd horse breeding), fur farming; grain crops, potatoes, vegetables are cultivated. Agricultural land is 69.3 thousand hectares.

Industry

Industrial production: forestry and woodworking, hunting and fishing, transport facilities.

Transport and communications

Automobile and river transport, airport, telegraph, telephone, internet, gas pipeline since 2005. On the territory of the ulus there is a highway connecting the main cities of the republic Yakutsk and Mirny. There is a ferry (June - October), ice (December - April) crossing over Vilyui.

Education

Despite its relatively small size, the region is one of the main "suppliers" of the republic's intellectual elite. Without belittling the merits of other educational institutions of the ulus, we note that the main forge of personnel is the republican gymnasium named after the USSR people's teacher M.A.Alekseev, the founder of the physical and mathematical movement in Yakutia.

Graduates of the school now work not only throughout Yakutia and Russia, but also in many countries of Europe and America.

Chapter 2. Artificial real estate objects

2.1 Buildings

Building is a type of ground-based building structure with premises, created as a result of construction activities in order to carry out certain consumer functions, such as living (housing), economic, or other human activities, placing production, storing products or keeping animals. The building includes engineering networks and engineering support systems (equipment). The building can also have exploited premises in the underground part. A structure that does not have an aboveground part is not a building.

Classification of buildings:

1. By functional purpose

Civil buildings are intended for living and providing for the everyday, social and cultural needs of people.

Industrial - to ensure the required operating conditions and create optimal working conditions for people.

Agricultural buildings and structures are intended for various branches of agricultural production.

2. By type of project:

For individual projects (public buildings, universities, theaters ...)

3.According to constructive schemes

Frameless

Wireframe

4. Based on the materials of the main structures

Wooden

5. By the size of the main elements of the building

Small-sized

6. By device method

Monolithic buildings

Prefabricated monolithic buildings

Types of civil buildings:

Classification of civil buildings by functional purpose

Residential buildings include:

Apartment-type houses (multi-apartment) intended for permanent residence;

Multi-apartment (individual) houses intended for permanent residence (cottages);

Dormitories - for long-term residence of people united by educational or work activities;

Hotels and boarding houses - for short-term stays;

Boarding houses - for long-term residence of children separately from parents of disabled and elderly people

Public buildings designed for a relatively long stay of people and serving their daily needs may include:

Kindergartens, nurseries and schools;

Administrative and office buildings;

Buildings of educational institutions;

Buildings of medical institutions.

Classification of civil buildings by number of storeys

In terms of number of storeys, civil buildings can be divided into:

Low-rise - up to two floors;

Multi-storey - ten to twenty-five floors;

High-rise - more than twenty-five floors.

Durability classification of civil buildings

I degree - service life over 100 years;

II degree - service life within 50-100 years;

III degree - service life less than 20 years. Such buildings are classified as temporary.

Classification of civil buildings by fire resistance

In accordance with the requirements of SNiP 2.01.02-85 * “Fire safety standards of a building are divided into eight degrees of fire resistance: I, II, III, IIIa, III6, IV, IVa and V, depending on the values ​​of the fire resistance limits and the limits of fire propagation of the main building structures.

Industrial buildings are classified into 4 main groups:

1. production (buildings of mechanical assembly, repair, weaving and other workshops);

2. energy (buildings of thermal power plants, boiler houses, heating points, transformer substations, etc.);

3. transport and storage facilities (garages, warehouses, fire stations, etc.);

4. auxiliary (administrative buildings, food points, medical centers, etc.).

Agricultural buildings are subdivided into:

By functional purpose:

Livestock

Cowsheds and young buildings

Pigsties

Stables

Sheepfolds

Others, intended for keeping various farm animals

Poultry

Hatcheries for artificial hatching of chicks

Poultry houses for keeping young animals

Poultry houses for keeping adult birds

Poultry houses for raising chickens for meat

Acclimatizers

Veterinary

Veterinary clinics and laboratories

Hospitals

Insulators

Animal skin treatment facilities

Veterinary and sanitary facilities - slaughterhouses,

Buildings designed to provide medical assistance to sick animals and birds, carry out preventive and sanitary-technical measures, as well as diagnostic studies

Silage and haylage

Trenches

Towers used for the preparation and storage of sour silage and fresh haylage

Warehouse

Vegetable storage

Granaries

Elevators

Corn storage

Mineral fertilizers warehouses

Cultivation

Greenhouses

Greenhouses

Greenhouses

Mushrooms

For processing and processing of agricultural crops

Grain dryers

Dryers for industrial crops

Vegetable dryers

Feed preparation and feed mills

Mills

Near-farm dairy primary processing stations

Dairy, butter, butter and cheese factories

Tomato-brewing and fermentation-pickling shops

For the repair of agricultural machinery

Workshops for maintenance and simple repair of machines

Workshops for the repair of hydraulic systems of tractors and combines

Garages for tractors, combines, cars

2.2 Premises

The premises of civil buildings are subdivided:

According to their role in the functional process (rest, work, study)

1. main

2. auxiliary

3.service

4.communication

2.3 Structures

Construction is the result of construction activities for the implementation of certain consumer functions.

1) Linear structures (main pipelines (water pipelines, collectors, heating networks, power grids, oil product pipelines and gas pipelines), roads and railways)

2) Areal structures - structures that physically occupy a part of the earth's surface, the reflection of which on the scale of the manufactured plan allows you to reflect their longitudinal and transverse dimensions.

3) Volumetric structures

4) High-rise buildings

2.4 Engineering structures

Electrical and telephone networks

Electrical network - a set of electrical installations intended for the transmission and distribution of electricity from a power plant to a consumer.

The public telephone network is a subscriber communications network for access to which telephones and data transmission equipment are used.

Water pipes

Water supply - a system of continuous water supply to consumers, designed to carry water for drinking and technical purposes from one place (usually water intake facilities) to another - to the water user (city and factory premises) mainly through underground pipes or canals; at the end point, often purified from mechanical impurities in the filter system, water is collected at a certain height in the so-called water-lifting towers, from where it is already distributed through the city water pipes. The volume of water intake is determined by water meters (so-called water meters, water meters). The water-pressure power of the water supply system is also used for hydraulic purposes.

There are several ways to lay the pipeline:

Ground on supports and overpasses, with or without insulation;

Underground laying:

Trenching with the help of special equipment: an excavator, various accessories for tractors; use manual force for short distances;

Trenchless laying technology, which is possible with horizontal drilling (abbreviated HDD);

Collector, performed by the method of shield penetration.

Internal piping of buildings is being laid:

In risers, technical shafts;

In shtrabah;

On the walls;

Under skirting boards (pipes made of polymeric organic materials);

In the floor screed.

In the photo, we see the land-based method of laying the pipeline.

Sewerage

Sewerage is an integral part of the water supply and sewerage system, designed to remove solid and liquid products of human activity, household and rainwater wastewater in order to clean it from pollution and further operation or return to the reservoir. An essential element of modern urban and agricultural production. Disruption of its work can worsen the sanitary and epidemiological situation in the area.

Any channel system is also called sewerage, for example, cable duct is used for laying cables underground.

By purpose and location, the sewerage system can be divided into three large sections:

Internal sewerage - a system for collecting wastewater inside buildings and structures and delivering them to the external sewerage system;

External sewerage - a system for collecting wastewater from buildings and structures and delivering them to treatment facilities or to the place of discharge into a water intake;

Wastewater treatment system.

More information: Rainwater drain

According to the collected drains, the sewerage system is divided into:

Household and fecal (household) sewerage (designation K1);

Rainwater drainage system (designation K2);

Industrial sewerage (designation K3).

Domestic and fecal (household) sewerage is:

Centralized;

Autonomous;

Gas pipeline

A gas pipeline is an engineering structure designed to transport gas and its products (mainly natural gas) using a pipeline. Gas is supplied through gas pipelines and gas networks under a certain excess pressure.

Gas pipelines are subdivided into:

Trunk gas pipelines are designed to transport gas over long distances. At certain intervals, gas compressor stations are installed on the pipeline to maintain the pressure in the pipeline. Gas distribution stations are located at the end point of the main gas pipeline, where the pressure is reduced to the level required to supply consumers.

Distribution pipelines - designed to deliver gas from gas distribution stations to the end consumer.

By pressure in the line:

Trunk:

Distribution:

Low pressure - up to 0.005 MPa;

Medium - from 0.005 to 0.3 MPa;

By gasket type:

Overground;

Underground;

Underwater.

Reserve gas pipelines are being constructed for strategic reasons, to provide flexibility in loading LNG carriers and to reduce the length of the transportation route.

Heating network

Heat network - a set of devices (including central heat points, pumping stations) designed to transfer heat energy, heat carrier from heat sources to heat-consuming installations.

The main elements of heating networks are a pipeline consisting of steel pipes connected by welding, an insulating structure designed to protect the pipeline from external corrosion and heat losses, and a supporting structure that takes up the weight of the pipeline and the forces arising from its operation. The most critical elements are pipes, which must be sufficiently strong and tight at maximum pressures and temperatures of the coolant, have a low coefficient of thermal deformation, low roughness of the inner surface, high thermal resistance of the walls, which contributes to the preservation of heat, invariability of material properties under prolonged exposure to high temperatures and pressures. ...

By the type of heat source, district heating systems are divided into district heating and heating. In the district heating system, the source of heat is the district boiler house, district heating plant - CHP. By the type of coolant, heat supply systems are divided into two groups: water and steam. Heat carrier is a medium that transfers heat from a heat source to heating devices of heating, ventilation and hot water supply systems. The heat carrier receives heat in the district boiler house (or CHP) and through external pipelines, which are called heating networks, enters the heating and ventilation systems of industrial, public and residential buildings. In heating devices located inside buildings, the coolant gives off part of the heat accumulated in it and is removed through special pipelines back to the heat source. In water heat supply systems, the heat carrier is water, and in steam systems, steam.

Chapter 3. Unique objects

Buildings and structures that meet the following conditions are unique:

Structures and structural schemes are used with the use of non-standard or specially developed calculation methods, or requiring verification on physical models;

Buildings and structures erected in areas with seismicity exceeding 9 points.

Buildings and structures with a height exceeding 100 m, or with a span of more than 100 m, or with a cantilever outreach of more than 20 m, or if the deepening of the underground part is more than 15 m relative to the ground level, are unique.

The unique buildings and structures also include sports and entertainment, religious buildings, exhibition pavilions, shopping and entertainment complexes and others with an estimated stay inside the facility for more than 1,000 people or more than 10,000 people nearby.

3.1 Unique natural site

The natural monument "Lena Pillars" in the Khangalassky ulus (region) of Yakutia, like the Manpupuner described above, is the result of the weathering of rocks. However, the Yakut site is much larger than the North Ural site in size. "Lena Pillars" stretch along the right bank of the Lena for several kilometers, and make a mystical impression on observers. The places around are wild, uncrowded. There is incredible silence around, and the clean air can make a city dweller dizzy. In this unusual place, the government of Yakutia has created a natural park, tourists usually visit "Lena Pillars" in the summer, by motor ships and boats. The object is included in the UNESCO register as a unique wildlife monument.

3.2 Unique man-made object

"They lit the pipe of peace" - this radiogram, transmitted from Yakutia in June 1955, marked the discovery of the second diamond deposit in the USSR. The geologists who made the discovery were awaited by awards and the most prestigious Lenin Prize, and fans of ecological tourism were waiting for a unique object in Russia.

By 2001, the depth of the quarry exceeded 500 m. However, studies have shown that the diamondiferous rock occurs to a depth of over 1 km. To reduce the cost of reconstruction (and there were three of them in total), water disposal and transport (more than 8 km of a spiral path separates the bottom of the quarry from the surface of the earth), it was decided to switch to the mine method of extraction. After the creation of a protective layer at the bottom of the depleted deposit, in 2009, the Mir underground mine was put into operation.

Today "Mir" is one of the richest kimberlite (diamond-bearing) pipes in the world, therefore it is a landmark of Yakutia. Production in an open pit with a diameter of more than 1 km began in 1957. To service the deposit and the processing plant, the settlement of Mirny was created, which quickly became the "diamond capital" not only of Yakutia, but of the entire Soviet Union.

In 1980, a huge yellow diamond of irregular shape was mined here, which was named after the next Congress of the Communist Party. This stone, located in the Diamond Fund, is one of the top ten largest diamonds in the world and still remains the largest mined in our country.

Conclusion

In conclusion, we can say that the typology of real estate is very diverse, but the main classification is the division of real estate into artificial and natural. Artificial, in turn, are subdivided into buildings and structures, and they are already divided by materials, sizes, design features, etc. Natural properties are divided into categories, and so on land.

In the course of this course work, we learned to visually determine the classification of real estate objects, learned their main characteristics and purposes.

References

1.zem-kadastr.ru

2. "House: Construction terminology", M .: Buk-press, 2006.

3.www.google.ru

4.www.yandex.ru

Posted on Allbest.ru

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To date, the Civil Code of the Russian Federation - further, the Civil Code of the Russian Federation (Article 130) determines that to immovable things -(real estate, real estate) include land plots, subsoil plots, isolated water bodies, and everything that firmly connected to the ground, that is, objects, the movement of which is impossible without disproportionate damage to their purpose, including forests, perennial plantings, buildings, structures.

Thus, one of the distinctive features of real estate is its inseparable connection with the land (while the land plots themselves are also considered as real estate), which in turn implies its significant value. Out of connection with land plots, immovable objects lose their usual purpose and, accordingly, decrease in price.

At the same time, the law refers to real estate and objects that are immovable by their physical nature. These include aircraft and sea vessels subject to state registration, inland navigation vessels, space objects (artificial satellites, space ships, etc.). The legal recognition of the specified property as immovable (although by its physical nature it is movable) is due to the fact that it is expensive and therefore requires a special registration procedure, which is provided for real estate.

Properties vary by origin:

1.natural (natural) - created by nature without human labor;

2. artificial:

ü resulting from human labor;

ü created by human labor, but connected with the natural basis so that they cannot function apart from it.

Natural objects- plots of land, subsoil plots and isolated water bodies.

Natural, created by nature, the universal basis of any economic and social activity of mankind is Earth. In real estate, land is understood as a land plot.

Land plot - this is part of the earth's surface , ( including the surface layer), the boundaries of which are described and certified in the prescribed manner by the authorized state body, as well as everything that is above and below the surface of the land plot, unless otherwise provided by other Federal Laws.

Subsoil plots - Relatively speaking, a part of the earth's crust located below the soil layer, and in its absence - below the earth's surface and the bottom of water bodies, and extending to depths, accessible for geological study and development, within the Russian Federation, its continental shelf and the marine exclusive zone.

Isolated water body (closed reservoir) is a small and non-flowing artificial reservoir that does not have a hydraulic connection with other surface water bodies.

Forests as a real estate object occupy a central place in the composition of the elements of the forest fund. The fundamentals of the forest legislation of the Russian Federation define forests as a set of land, woody, shrub and herbaceous vegetation, animals, microorganisms and other components of the natural environment, biologically interrelated and influencing each other in their development.

TO objects of artificial origin (fixed assets) include buildings, structures, dwellings, vehicles, perennial plantings.

Building - the type of fixed assets on a natural-material basis, including architectural and construction objects, the purpose of which is to create conditions for work, housing, social and cultural services for the population and storage of material values.

There are 2 types of buildings:

ü not residential.

Constructions - the type of fixed assets by natural-material basis. Structures include engineering and construction facilities designed to create and perform technical functions (mines, oil wells, roads, dams, flyovers, etc.) or to serve the population (urban improvement facilities, etc.).

Perennial plantings ... This subsection includes all types of artificial perennial plantings, regardless of age:

ü fruit and berry, technical, protective, decorative and
greenery of all types;

ü artificial plantings of botanical gardens, other research institutions and educational institutions for research purposes.

In accordance with Article 32 of the Air Code of the Russian Federation of 03.19. aircraft - an aircraft supported in the atmosphere by interacting with air reflected from the surface of the earth or water.

Vessel, sea or inland waterway navigation, - it is a self-propelled or non-self-propelled floating vessel on sea or inland waterways.

To space objects include man-made spacecraft for various purposes and their components (artificial earth satellites, automatic and manned ships and stations, launch vehicles, etc.) launched into space or delivered to celestial bodies or built on them.

Consider another type of object of assessment that is not taken into account in the framework of OKOF (OKOF is the all-Russian classifier of fixed assets OK 013-94, entered into force on January 1, 1996) - this is Construction in progress ... This group includes objects for which, in the prescribed manner, documents on the acceptance of the object for operation have not been drawn up.

In real estate appraisal practice, it is necessary to distinguish between:

ü objects on which work is carried out,

ü and objects on which, for one reason or another, work was stopped.

There are three main types of real estate: land, housing and non-residential premises (Figure 2.1).

Rice. 2.1. Main types of real estate

The basic property is the land that is the home of all people, the main factor in any area of ​​business, directly or indirectly involved in the production of all other goods.

Along with the division into types, real estate is classified according to a number of characteristics (Table 2.1).

<*>Boltanova E.S. Natural objects: fiction in law.

Boltanova ES, Associate Professor, National Research Tomsk State University, Ph.D. in Law, Associate Professor.

This article analyzes modern legislation, which uses legal fiction, and proclaims natural objects that are not. It is proposed to classify natural objects into natural and quasi-natural. Such a classification has not only theoretical significance, but also a practical basis.

Key words: natural object, quasi-natural object, reservoir, artificial land plot.

In the present article the modern legislation, which is used by legal fiction, are the natural objects of those that are not. It is offered to classify natural objects on actually natural and quasinatural. Such classification has not only theoretical value, but also the practical basis.

Key words: natural object, quasinatural object, reservoir, artificial land lot.

In the dictionary of S.I. Ozhegova fiction means "a deliberately created position, a construction that does not correspond to reality, usually used for any purpose"<1>... "The use of fictions in various fields of science is due to the fact that the use of this technique provides significant benefits, eliminating the need to give unnecessary explanations about certain objects, phenomena ..."<2>.

<1>Ozhegov S.I. Dictionary of the Russian language / Ed. N.Yu. Shvedova. M., 1998.S. 696.
<2>Dzhazoyan E.A. Category of fiction in civil law: Dis. ... Cand. jurid. sciences. M., 2006.S. 4.

Fiction as a special method of rule-making is known to Roman law. In the modern period, legal fiction is most often viewed as a certain legal device that provides legal regulation of the relevant relations. According to K.I. Sklovsky, "fiction ... is one of the recognized and effective legal methods, and therefore the desire to get rid of fiction is no more meaningful than attempts to avoid effective legal regulation of newly emerging relations ..."<3>... The use of legal fictions brings stability to legal regulation.

ConsultantPlus: note.

Monograph by K.I. Sklovsky "Property in civil law" is included in the information bank according to the publication - Statute, 2010 (5th edition, revised).

<3>Sklovsky K.I. Property in civil law: Textbook-practical. allowance. 3rd ed. M .: Delo, 2002. S. 183. It is worth noting that there is a position that fiction is "not a technical device itself, but a result of technical activity." See: L.A. Dushakova Legal fictions: Dis. ... Cand. jurid. sciences. Rostov-on-Don, 2004.S. 100.

One of the recognized types of fictions is the fiction of artificial assimilation and equalization (extension of the legal regime)<4>... Researchers argue that equating (spreading the legal regime) is historically the most progressive type of fiction, most often used in modern legislation of all developed legal orders.<5>.

<4>See, for example: L.A. Dushakova Decree. op. P. 85; Dzhazoyan E.A. Decree. op. S. 11, 59, 127 - 142.
<5>See: Dzhazoyan E.A. Decree. op. P. 11.

It seems that this particular type of legal fiction is used by the legislator when declaring natural objects that are not.

Despite the rather widespread use of the term "natural object" in the legislation, its concept is contained only in the Federal Law "On Environmental Protection"<6>, which undoubtedly emphasizes its ecological coloration and significance. In the context of the said Law, a natural object is considered as a part of the surrounding (including natural) environment and is defined as "a natural ecological system, a natural landscape<7>and their constituent elements that have retained their natural properties. "Along with a natural object, the Law mentions natural-anthropogenic and anthropogenic objects. At the same time," a natural-anthropogenic object is a natural object changed as a result of economic and other activities, and (or) an object, created by man, possessing the properties of a natural object and having a recreational and protective value "; and" an anthropogenic object is an object created by a man to meet his social needs and does not possess the properties of natural objects "(Art. 1). Based on the above provisions, it follows that a natural object is distinguished from other types of objects by its inherent natural properties and the naturalness of its origin, and the term "natural" itself is interpreted in Russian as "natural"<8>... Natural origin means that a natural object is an object to which human labor is not applied.<9>.

<6>See: Federal Law of January 10, 2002 N 7-FZ "On Environmental Protection" // SZ RF. 2002. N 2. Art. 133.
<7>Natural landscape is a territory that has not undergone changes as a result of economic and other activities and is characterized by a combination of certain types of terrain, soils, vegetation, formed in the same climatic conditions.
<8>See: Big Explanatory Dictionary of the Russian Language / Ch. ed. S.A. Kuznetsov. SPb .: Norint, 2001.S. 988.
<9>Labor as a conscious, purposeful human activity encompasses all forms of active and conscious human impact on the environment.

This approach to a natural object is confirmed in the legal literature. So, A.K. Golichenkov emphasizes that "natural objects are distinguished by the following features: natural (not as a result of human labor) nature of origin, being in a natural state ..."<10>... O. L. Dubovik notes that "the defining characteristic of this concept is their property such as the naturalness," naturalness "of the state, that is, the invariability of human activity, although in relation to landscapes (even with the reservation - natural), this property is not always inherent in them"<11>... Norms of the Federal Law "On the State Real Estate Cadastre"<12>(hereinafter - the Federal Law on the cadastre) oppose natural objects and objects of artificial origin (see: Articles 38, 39).

ConsultantPlus: note.

Textbook "Environmental Law of Russia: Dictionary of Legal Terms" A.K. Golichenkov is included in the information bank according to the publication - Gorodets, 2008.

<10>A.K. Golichenkov Environmental law of Russia: Dictionary of legal terms: Textbook. manual for universities. 2nd ed., Rev. and add. M .: Publishing house. house "Gorodets", 2012. S. 309.
<11>Commentary to the Federal Law of January 10, 2002 N 7-FZ "On Environmental Protection" (itemized) / Otv. ed. O. L. Dubovik // Prepared for the ConsultantPlus system, 2010.
<12>See: Federal Law of July 24, 2007 N 221-FZ "On the State Real Estate Cadastre" // SZ RF. 2007. N 31. Art. 4017.

If we turn to the norms of special legislation, we will find that land is directly named as natural objects (Articles 1, 6 of the Land Code of the Russian Federation<13>; hereinafter referred to as the RF LC), forests, water bodies (part 2 of article 7 of the Federal Law on the cadastre), aquatic biological resources (article 1 of the Federal Law "On fishing and conservation of aquatic biological resources"<14>). In the legal literature it is recognized that there are such natural objects as land, water, forests, bowels, atmospheric air and fauna, which corresponds to natural scientific views<15>... Such an approach to the types of natural objects as separate elements of ecological systems can be considered rather narrow, but it is justified from the standpoint of the existence of special legal regulation of their use and protection by separate regulatory legal acts (Land, Water, Forestry Codes, Subsoil Law, etc.) ...

<13>See: Land Code of the Russian Federation of October 25, 2001 N 136-FZ // SZ RF. 2001. N 44. Art. 4147.
<14>See: Federal Law of December 20, 2004 N 166-FZ "On Fishing and Conservation of Aquatic Biological Resources" // SZ RF. 2004. N 52 (part 1). Art. 5270.
<15>See, for example: Volkov S.A. Nature management. Terminological reference. M .: OOO "Geoinformmark", 2006. S. 387.

At present, the expansion of man into nature has reached such proportions that fewer and fewer truly natural, untouched objects remain. In the place of drained bogs, pasture meadows appear, in the place of felled trees - artificial forest plantations, etc. Considering the system of natural objects, within the framework of this article, I would like to determine the place of objects that have the legal regime of natural objects, but are not such due to the artificiality of their origin. This group includes some types of surface water bodies and artificial land plots. These objects are characterized by the fact that as a result of their creation, one natural object (water body or land, land plot) legally "disappears" and another natural object appears in its place.

In the Water Code of the Russian Federation<16>(hereinafter - VK RF) a water body is defined as a natural or artificial reservoir, watercourse or other object, the permanent or temporary concentration of water in which has characteristic forms and signs of the water regime. Of the surface water bodies listed in the Water Code, canals, reservoirs, ponds, and watered quarries are of artificial origin. Only with regard to the legal nature of the canals, the legislator spoke out quite definitely, referring them to the type of hydraulic structure (Article 3 of the Federal Law "On the Safety of Hydraulic Structures")<17>... The canals are created in the process of hydrotechnical construction associated with the construction of structures and complexes for water transport, land reclamation, water supply, sewerage, etc.

<16>See: Water Code of the Russian Federation of June 3, 2006 N 74-FZ // SZ RF. 2006. N 23. Art. 2381.
<17>See: Federal Law of July 21, 1997 N 117-FZ "On the safety of hydraulic structures" // SZ RF. 1997. N 30. Art. 3589.

Reservoirs are artificial reservoirs created for the accumulation and subsequent use of water and flow regulation. Reservoirs with an area of ​​less than 1 square meter are called ponds. km. Distinguish between dug ponds (digging ponds) or created by blocking a permanent or temporary watercourse with a dam<18>.

<18>See: Reims N.F. Nature management. Reference dictionary. M .: Mysl, 1990.S. 422; Savtsova T.M. General geography: Textbook for students. institutions of higher. ped. prof. education. 5th ed., Rev. and add. M .: Academy, 2011. S. 230 - 232. The above provisions are fixed in GOST 19179-73 "Hydrology of the land. Terms and definitions".

By order of the Ministry of Natural Resources of Russia dated January 26, 2011 N 17 "On Approval of Methodological Guidelines for the Development of Rules for the Use of Reservoirs", small reservoirs (less than 2 sq. Km in area) are distinguished among the types of reservoirs in terms of geometric dimensions.

The current legislation declares that the reservoir is a surface water body (Article 5 of the RF VC). As you know, when creating reservoirs, dams are built, hydraulic structures designed to protect against destruction of the banks and bottom of reservoirs, and related facilities (pumping stations, water intakes, locks, hydroelectric power plants, etc.). Each of these structures, necessary for the emergence of a reservoir and its constituent parts, or for the use of water resources contained in a reservoir, is an independent object of rights, most often an object of immovable property. This independence is relative. Without the construction of water retaining structures, the emergence and existence of reservoirs is impossible, but even without a water body, the structures will not fulfill their purpose and function. The construction of the objects that form the reservoir takes place in the course of construction work, and their nature as hydraulic structures (structures designed to use water resources and prevent the negative impact of water) is beyond doubt. Attention is drawn to the fact that the process of creating a reservoir is nothing more than the construction of this facility as a whole. During the construction of the reservoir, design documentation is developed for the reservoir (and not only for the hydraulic structure being formed) and measures are taken in relation to the reservoir territory as a whole (for example, sanitary preparation of the flooded area), the reservoir is accepted for operation by the state commission.

In accordance with the water legislation, the reservoir (the so-called flood zone covered with waters, together with its bottom and shores) is a water body, although in general the reservoir is a unique object, man-made as a result of construction activities. A reservoir is an interconnected and interdependent system of a transformed water body (for example, a river, a lake, in the place of which a reservoir is created) and a land surface (reservoir bed), as well as a hydrotechnical structure (s).

Public relations on the creation of ponds and watered quarries, in contrast to reservoirs in general, remained outside the area of ​​attention of the legislator. Much of the above applies to the characterization of a pond as a type of reservoir. When creating a digging pond, a significant change in the land surface occurs, as a result of which this surface is legally considered as an integral, not independent part of a water body - a pond. By the way, in law enforcement practice, you can find evidence that ponds can be qualified as structures<19>.

<19>See, for example: Resolution of the FAS of the Volgo-Vyatka District of September 27, 2007 in case No. A38-2776-17 / 539-2004 // ATP "ConsultantPlus: JudicialPractice".

Quarries are formed as a result of open pit mining and are cavities in the earth's crust.<20>... The flooded quarries are not specially created objects, but a consequence of the termination of mining operations and the artificial or natural filling of the resulting excavations with water. The extraction of minerals and the filling of the formed mine with water indicate a change in the legal status of not only the land surface, but also the subsoil area (underground space).

<20>See: Hydroecology and Nature Management. Conceptual and terminological dictionary / Compiled by V.V. Kozin, V.A. Petrovsky. Smolensk: Oikumena, 2005.S. 160.

Water bodies can be used to create artificial land plots<21>(Clause 19, Part 3, Article 11 of the VK RF). The Water Code is limited only by mentioning the possibility of creating such sites. Separate norms on artificial land plots could be found in the Federal Law "On seaports in the Russian Federation and on amendments to certain legislative acts of the Russian Federation"<22>, regional legislation. Letter of the Ministry of Economic Development of the Russian Federation dated March 31, 2009 N D23-836<23>it was emphasized that "the legislation separates the cases of the creation of artificial land plots, when, by means of alluvial or dumping of soil, inseparable improvements (not having an independent significance) are given to the land plots of the water fund, as a result of which they acquire stable properties of the land plot, and the cases of the creation of hydraulic structures created on the lands of the water fund by means of reclamation or dumping of soil of independent importance (dams, dams, etc.) ". In fact, the letter addressed the issue of ownership of the newly created object. The lack of clear criteria for the delimitation of artificial land plots and hydraulic structures has already been pointed out in the legal literature.<24>.

<21>In the world, the construction of artificial land plots is quite actively carried out to increase the area of ​​residence of citizens, especially in countries experiencing difficulties with land. Alluvial territories are widespread in Japan and the Netherlands. Perhaps the most famous example is the Palm Jumeirah project (Dubai), which began in 2001 - the creation of an artificial island in the waters of the Persian Gulf with a total area of ​​25 square meters. m. Since 2012, in Sochi, it was planned to start construction in the Black Sea water area of ​​an alluvial island "Federation" with an area of ​​more than 250 hectares (official website of the project: www.federationisland.ru).

In other Russian cities, work is also underway in this direction. In particular, in St. Petersburg, the "New Coast" project has been developed, which provides for the creation of an artificial territory with an area of ​​390 hectares by 2015, by 2028, it is planned to complete the construction of real estate objects on this territory. In Vladivostok, there is a project to fill about 3 hectares of territory for use as an embankment and other public facilities.

<22>See: Federal Law of November 8, 2007 N 261-FZ "On seaports in the Russian Federation and on amendments to certain legislative acts of the Russian Federation" // SZ RF. 2007. N 46. Art. 5557.
<23>See: letter of the Ministry of Economic Development of the Russian Federation dated March 31, 2009 N D23-836 // SPS "ConsultantPlus".
<24>See, for example: N.N. Melnikov. Artificial land plot: search for a universal definition // Journal of Russian law. 2011. N 5.P. 24 - 30.

With the adoption of the Federal Law "On artificial land plots created on water bodies in federal ownership, and on amendments to certain legislative acts of the Russian Federation"<25>(hereinafter - the Federal Law on artificial land plots) in the Russian legislation the concept of an artificial land plot created on a water body in federal ownership, as a structure created on a water body in federal ownership, or part of it, by means of alluvial or dumping of soil has been consolidated or the use of other technologies. An artificially created land plot can be adjacent to existing land plots or be isolated from them (Article 3 of the Law).

<25>See: Federal Law of July 19, 2011 N 246-FZ "On artificial land plots created on water bodies in federal ownership, and on amendments to certain legislative acts of the Russian Federation" // SZ RF. 2011. N 30 (part 1). Art. 4594.

The introduction of an artificially created land plot entails the transformation of the object of federal ownership of a water body (a decrease in the water area of ​​a water body, a change in its area, boundaries, configuration) and is recognized as a legal fact, with which the law connects the emergence (including the moment of occurrence) of the right of ownership of an artificial land plot (Article 13 of the Federal Law on artificial land plots). An artificial land plot can be in all forms of ownership declared by federal law.

We can agree with those authors who believe that "from a technological point of view, the process of creating an artificial land plot should be considered construction"<26>... Indeed, as a result of consistently carried out actions that characterize the construction process (survey work, preparation of the construction site, construction and installation work, etc.), an object appears that is firmly connected to the ground (natural surface). Along the way, I note that, taking into account climatic conditions, the water regime of the water body and other factors, the construction of an artificial land plot is associated with the construction of a bank protection, including, possibly, a hydrotechnical structure. It is no coincidence that Art. 4 of the Town Planning Code of the Russian Federation<27>stipulates that the legislation on urban planning is applied to relations associated with the creation of artificial land plots, taking into account the specifics established by the Federal Law "On artificial land plots created on water bodies in federal ownership and on amendments to certain legislative acts of the Russian Federation. Federation ".

<26>Kirillovykh A.A. Legal regime of artificial land plots // Lawyer. 2011. N 18.S. 15.
<27>See: Urban Planning Code of the Russian Federation of May 7, 1998 N 73-FZ // SZ RF. 1998. N 19. Art. 2069. Abolished.

After the commissioning of a structure (artificial land plot), it is also recognized as a land plot, and the legal regime of the land plot applies to it. The legislator emphasizes the double status of an artificial land plot as a created structure and a land plot, using two terms in the Federal Law on artificial land plots: "exploitation" and "use" (Articles 12, 15). The operation of artificially created land plots is carried out in accordance with the legislation on urban planning, and its use and circulation - in accordance with the Federal Law on artificial land plots, civil legislation and land legislation.

An artificial land plot is a technogenic surface with certain boundaries, composed of soils<28>on a natural basis. Like an artificial water body, an artificial land plot does not immediately possess the properties of a natural system. After its creation, the process of compaction and self-compaction of the soil continues, strengthening due to the formation of structural bonds (adhesion), the process of soil formation is possible, when using (albeit limitedly) artificial sites for recreational, agricultural purposes.

<28>In the science of geosciences, in contrast to natural soils, such a concept as "urbotechnozems" is introduced, which include varieties of urban soils, often created on displaced bulk or alluvial soils (see: S. Sladkopevtsev, Geography and Nature Management: Textbook for university students . M .: Higher school, 2005. S. 313).

The Water Code mentions artificial islands and artificial land without delimiting them. The creation of artificial islands is often driven by the exploration and extraction of mineral resources. For example, in accordance with paragraph 6 of Art. 16 of the Federal Law "On internal sea waters, territorial sea and contiguous zone of the Russian Federation"<29>in regional geological study, geological study, exploration and extraction of mineral resources in the internal sea waters, in the territorial sea, a license for the use of subsoil grants its owner the right to create, operate, and use artificial islands. On the continental shelf, the creation, operation, and use of artificial islands can be carried out for regional geological study, geological study, exploration and production of mineral resources (Articles 16, 16.1 of the Federal Law "On the Continental Shelf of the Russian Federation"<30>). The construction of stationary and (or) floating platforms, artificial islands on lands covered with surface waters is carried out on the basis of decisions on the provision of water bodies for use (clause 4, part 2, article 11 of the VC RF), while for artificial land plots such a decision not required (clause 19, part 3, article 11 of the VK RF). It can be assumed that an artificial island is not a type of artificial land plot, which is isolated from other land plots by water, but a special type of real estate, which is created as a structure and is further considered by the legislator exclusively as a structure (and not a land plot, a natural object). So, according to Art. 20 of the Federal Law "On the Continental Shelf of the Russian Federation" in order to ensure the safety of navigation, abandoned or no longer used artificial islands must be removed by their creators within the time limits specified in the permission for their creation.

<29>See: Federal Law of July 31, 1998 N 155-FZ "On internal sea waters, the territorial sea and the contiguous zone of the Russian Federation" // SZ RF. 1998. N 31. Art. 3833.
<30>See: Federal Law of November 30, 1995 N 187-FZ "On the continental shelf of the Russian Federation" // SZ RF. 1995. N 49. Art. 4694.

Thus, in the cases considered, we can observe the appearance of objects artificially created as a result of purposeful human activity, which in their initial state may not even have natural properties. In any case, such objects are not of natural origin. Strictly speaking, proceeding from the content of the norms of the Federal Law "On Environmental Protection", it cannot be said that artificial reservoirs and artificial land plots are natural and anthropogenic objects.

The legal definition of a natural-anthropogenic object indicates two of its types: the original natural object changed as a result of human activity and an object (not natural) with natural properties. As can be seen from the above, the originally existing natural object is transformed to such an extent that the newly created object "obscures" the natural resource from which it was formed, and acquires an independent, autonomous "life", meaning and legal regime. Yes, and as defined in Art. 1 of the Federal Law "On Environmental Protection" the significance of a natural-anthropogenic object - recreational or protective - is far from decisive and the only one for an artificial water body and an artificial land plot.

For example, in accordance with the Federal Law on artificial land plots, artificial territories are created for the construction of buildings, structures and (or) their integrated development for construction purposes.

The land, subsoil at the place of formation of a reservoir (including a pond), a watered quarry, a canal are modified and become only an integral part of a surface water body<31>; a water body in its separate part during the construction of an artificial land plot is transformed into a land surface. From a legal point of view, it is important to change the priority of the applicable regulatory legal acts governing the use of these objects. The newly formed objects are called natural by the legislator in order to extend the legal regime of a natural object to them.

<31>By virtue of Art. 5 of the Water Code of the Russian Federation, surface water bodies consist of surface waters and lands covered by them within the coastline.

There is an obvious use of legal fiction in Russian legislation regulating the use and protection of lands, water bodies.

Thus, revealing the system of natural objects, it is possible to identify a separate subgroup in their composition along with natural objects proper and designate them as quasi-natural objects, "as if natural objects". Such objects, although recognized as natural, do not have natural origin and often have a dual status. The use of the prefix "quasi" allows you to pay attention to the special nature of the appearance of such objects, in some cases - to the specifics of their operation. Each of the quasi-natural objects is an artificially created system with an exchange of substances and energy between its living and nonliving elements that has developed over a certain period of time. An ecological system formed under the influence of natural factors usually requires human support (filling and drainage (water release) of reservoirs, bank protection works, etc.). A quasi-natural object is subject to the legal regime of a natural object and a repository of components of the natural environment, as well as a man-made (artificial) object. Accordingly, the legal regulation of public relations regarding these objects is based on a significant number of norms aimed at their protection, special norms on their use, on the one hand, and normative rules on their operation.<32>, on the other hand, having different content and nature.

<32>The exception, perhaps, is the flooded quarries, the basis of the appearance of which there is no activity aimed at creating such special objects, their use may not obey the rules of exploitation. The operation of objects involves monitoring their condition, performing repair work to eliminate damage, design flaws, and the like.

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