SIGNS OF NORMATIVE LEGAL ACTS IN DECISIONS ON THE ESTABLISHMENT OF ZONES WITH SPECIAL CONDITIONS FOR THE USE OF TERRITORIES ON THE EXAMPLE SANITARY PROTECTIVE ZONES

Abstract

The article deals with theoretical and practical problems associated with identifying the signs of a normative legal act in decisions on the establishment of zones with special conditions for the use of territories, as well as those related to the moment and procedure for the entry into force of such decisions. An analysis of the special decision-making procedure on the example of sanitary protection zones, the special content of restrictions and special territorial coverage in such regulation made it possible to identify arguments in favor and against recognizing decisions on establishing zones as normative legal acts. A non-normative legal act is an imperious decision of an authority, for which the procedural legislation gives three months to challenge. Recognition as invalid of a normative legal act is possible during the entire period of validity of this act. To be convinced of the need to recognize the decision to establish a zone as a normative legal act, the study of the procedure for the entry into force of such a decision on the example of sanitary protection zones allows. The decision to establish the zone comes into force from the moment the information about the zone is entered into the Unified State Register of Real Estate. The only guaranteed way to obtain information about the content of such a decision and the date of its entry into the register is an extract from the Unified State Register of Real Estate. This extract is provided by Rosreestr for a fee. Such a mechanism goes against the notion of public accessibility and universality of information about regulatory legal acts. The results of the study can be used to improve legislation in the field of legal regulation of zones with special conditions for the use of territories.