LEGAL CONSEQUENCES OF ESTABLISHING SANITARY PROTECTION ZONES

Abstract

The article analyzes the restrictions on rights to land plots and capital construction objects located on them, located within the boundaries of the sanitary protection zones of industrial facilities, with the exception of ionizing radiation objects. The article considers the theoretical provisions on the concept of restrictions on rights, on the types of powers of rights holders of land plots that are subject to restrictions in connection with the establishment of sanitary protection zones. It has been determined that restrictions on rights consist of prohibitions and obligations to perform certain actions. Restrictions within the boundaries of sanitary protection zones are expressed in prohibitions to carry out construction, reconstruction and operation of capital construction facilities or otherwise use land plots if this does not correspond to the goals of establishing sanitary protection zones. Restrictions within the boundaries of the sanitary protection zones are also expressed in the imposition of the obligation of the owner of the land plot located within the boundaries of the sanitary protection zone, and the owner of the production facility, in connection with the location of which this zone is established, to perform certain actions. The establishment of sanitary protection zones gives rise to the emergence of a complex legal relationship between the owner of the land plot, the owner of the production facility, Rospotrebnadzor, the prosecutor's office, state authorities of the constituent entity of the Russian Federation and local governments.