The types and classification of which speak of a wide range of their use. Any of these structures are built on water resources - from rivers and lakes to seas or ground water- and are necessary in order to combat the destructive power of the water element. Each of the systems has its own characteristics of construction and operation.

How are they classified?

Hydraulic structures are understood as systems that allow the beneficial use or prevent the harmful effects of excess water on environment. All modern watersheds, land reclamation) are called "hydraulic structures". Their types and classification, depending on the features of installation and operation, are as follows:

sea, lake, river or ponds;
ground or underground;
served by the water sector;
used by various industries.

Modern hydraulic structures are dams, and dams, and spillways, and water intakes, and canals. In general, any systems that are installed on

Water retaining

Water-retaining hydraulic structures are structures with which you can create pressure or provide a difference in front of and behind the dam. Experts say that the water regime in the backwater zone varies depending on the natural and climatic conditions of the region. Water retaining hydraulic structures are the most important structures for creating dams, since they bear a large load due to water pressure. If suddenly the water-retaining structure fails, the pressure front of the water will be difficult to control, and this can lead to sad consequences.

Plumbing

Water supply structures consist of water intakes, spillways, spillways and canals. These are hydraulic structures that serve to transfer water to specified points. Water intake systems that take water from a reservoir and supply it to hydropower, water supply or irrigation facilities deserve special attention. Their task is to ensure the passage of water into the conduit in the prescribed volume, quantity and quality in accordance with the water consumption schedule. Depending on the location, it may be:

surface: water is taken at the level of the free surface;
deep: water is taken under the level of the free surface;
bottom: water is taken from the lowest section of the watercourse;
longline: with such a construction, the fence is carried out from several levels of water - it depends on its level in the reservoir itself and on its quality at different depths.

Most often, water intake hydraulic structures are mounted on rivers. The photo shows that such structures can be high and low.

Water intakes for different reservoirs

Depending on the type of source, water intakes can be river, lake, sea, reservoir. Among the river structures, the most popular are coastal, floating, channel, which can be combined with pumping stations or mounted separately:

A shore facility must be installed if the coast is steep. Such a design is water intake hydraulic structures consisting of concrete or reinforced concrete with a large diameter. The photo shows that the front wall comes ashore.
The channel systems are placed on and are distinguished by a cap placed in
Floating structures are a pontoon or barge with pumps installed on them, through which water is taken from the river and fed through pipes to the shore.
Bucket water intake systems take water from the reservoir with a bucket located on the shore.

Regulatory

Regulatory hydraulic structures - what is it? In another way, they are called straightening structures, as they allow you to regulate the flow of rivers. This can be achieved through the construction of jet guides and limiting structures in the channel itself and along the banks of the reservoir. Thanks to such systems, the river flow is formed so that it moves at a relatively low speed and thereby maintains the fairway with pre-set minimum values width, depth and curvature. These hydraulic structures are popular, the types and classification of which are as follows:

capital structures that are part of the general systems for regulating rivers and aimed at long-term use;
light structures, which are otherwise called temporary and are used mainly on rivers of small and medium volume.

The first structures consist of dams, ramparts, dams and ideally cope with the undermining and destructive action of water. Light control structures are veils, wicker fences that simply direct or deflect the flow of the device.

Irrigation hydraulic structures

Types and classification suggest a division according to the presence of dams - damless or dammed. The first systems involve the creation of an artificial channel that departs from the river at a certain angle and takes part of the flow of the watercourse. To prevent sediment from the bottom from falling into the irrigation canal, such structures are located on concave sections of the coast. If the water flow is significant, then the construction of dam structures is required, which, in turn, can be surface or deep.

Culverts

Culvert hydraulic structures are weirs and spillways. These systems are referred to as controlled or automatic action. With the help of the spillway, excess water is discharged from the reservoir, and the spillway is a system in which water overflows freely over the crest of the water-retaining structure. Depending on the characteristics of the movement of water, such systems can be without pressure or pressure.

special purpose

Among the special-purpose hydraulic structures, one can single out: hydropower, irrigation, drainage structures, melioration systems and facilities water transport. Let's take a closer look at these structures:

Hydropower facilities are built-in, channel, dam or diversion. Such systems consist of water intake structures, pressure pipelines, turbines with generators, discharge pipelines and various types of gates. Hydroelectric power plants are needed to convert the energy of the flow of water into electricity.
Water transport: these systems consist of locks, ship lifts, port facilities that are mounted on rivers, canals with different water levels in them.
Ameliorative: these systems allow you to think over measures aimed at radical improvement of land. As part of land reclamation, drainage and irrigation of territories is carried out. With the help of a drainage system, excess moisture is removed, and an irrigation system provides timely watering of the territory. Drainage systems can be horizontal or vertical.
Fish passages: these hydraulic structures ensure the passage of fish from the lower water level to the upper one, mainly during its spawning migration. Such systems are of two types: the first ones involve the independent passage of fish through special fish passages, the second - through special fish passage locks and fish elevators.
Settling tanks: they are special storage tanks where production waste and industrial effluents are collected.

In some cases, common and special facilities are combined, for example, the spillway system is placed in the power plant building. Such complex systems are called nodes of hydraulic structures.

What is the danger?

There is also a division of hydraulic structures according to their degree of danger: they can be of low, medium, high or extremely high degree of danger. Most often, the main factors affecting the hazard of hydraulic structures are natural loads and impacts, non-compliance design solution regulatory requirements, violation of the operating conditions of structures or the consequences and damage due to an accident. Any shortcomings and unpredictable impacts can lead to the destruction of structures, a breakthrough of the pressure front.

Of course, the main elements of a hydraulic structure are a land plot and a water body. In this case, the hydraulic structure acts as a land user and water user.

The legal regime of land plots occupied by hydraulic structures is regulated by Chapter XVI of the Land Code of the Russian Federation “Lands of industry, energy, transport, communications, radio broadcasting, television, informatics, land for space activities, land for defense, security and land for other special purposes”. According to Art. 87 of the Land Code of the Russian Federation, these lands are used to ensure the activities of organizations and (or) the operation of industrial facilities, energy, etc. As part of these lands, in order to ensure the safety of the population and create necessary conditions for the operation of industrial facilities, energy, etc., security, sanitary protection and other zones with special conditions for land use may be included. Land plots included in such zones are not confiscated from the owners of land plots, land users, land owners and tenants of land plots, but a special regime for their use may be introduced within their boundaries, restricting or prohibiting those types of activities that are incompatible with the goals of establishing zones.

Industrial and other special-purpose lands occupied by objects under jurisdiction Russian Federation are federal property. Other lands may be owned by subjects of the Russian Federation, municipalities. From here you can draw a conclusion that if a hydraulic structure is privately owned, then the land plot occupied by it may be privately owned individuals(citizens) and legal entities.

Article 89 of the Land Code of the Russian Federation is devoted to energy lands. These include lands that are used or intended to support the activities of organizations and (or) the operation of energy facilities. We are talking about the location of hydroelectric power plants, their facilities and facilities, overhead lines power transmission, substations, distribution points, other structures and energy facilities. To ensure the activities of organizations and the operation of energy facilities, security zones of electrical networks can be established. The rules for determining the size of land plots for the placement of overhead power lines and communication line supports serving electrical networks are established by legal acts of the Government of the Russian Federation.

The question of the fate of the land plot and the property is debatable. According to I. D. Kuzmina, the legal registration of the fate of these two objects should be carried out within the framework of civil, and not land legislation. Meanwhile, according to par. 5 p. 1 art. 1 of the Land Code of the Russian Federation, one of the principles of land legislation is the unity of the fate of land plots and objects firmly associated with them. This principle is supplemented by the provisions of Art. 273 of the Civil Code of the Russian Federation, by virtue of which, upon transfer of ownership of a building and structure owned by the owner of the land plot on which it is located, the rights to the land plot, determined by agreement of the parties, are transferred to the purchaser of the building (structure). In this way, in our opinion, intersectoral (complex) regulation of these social relations is achieved.

Hydraulic structures, as a rule, are associated with the operation of water bodies. Article 1 of the Water Code of the Russian Federation defines a water body as a concentration of water on the surface of the land in the forms of its relief or in the bowels, which has boundaries, volume and features of the water regime. Depending on the physical-geographical, hydro-regime and other features, water bodies are divided into: surface water bodies; domestic sea waters; territorial sea of the Russian Federation; underground water bodies. Hydraulic structures are mainly associated with surface water bodies. Surface water bodies - a permanent or temporary concentration of water on the land surface in the forms of its relief, which has boundaries, volume and features of the water regime. They consist of surface water, bottom and coast. Surface water bodies are divided into: surface watercourses and reservoirs on them; surface water bodies; glaciers and snowfields.

Surface watercourses are surface water bodies, the waters of which are in a state of continuous movement. These include rivers and reservoirs on them, streams, channels of inter-basin redistribution and integrated use of water resources.

Surface water bodies are surface water bodies, the waters of which are in a state of slow water exchange. These include lakes, reservoirs, swamps and ponds. Isolated water bodies (closed water bodies) are small and stagnant artificial water bodies that do not have a hydraulic connection with other surface water bodies. They belong to real estate and are an integral part of the land. Therefore, the provisions of water legislation apply to isolated water bodies to the extent that this does not contradict civil law.

In Russia, federal ownership of water bodies has been established. Municipal and private ownership is allowed only for isolated water bodies. Separate water bodies can be owned by municipalities, citizens and legal entities in accordance with civil law. In particular, art. 13 of the Civil Code of the Russian Federation classifies isolated water bodies as immovable things.

Federally owned water bodies are provided to citizens or legal entities for long-term and short-term use, depending on the purpose of use, resource potential and the ecological state of water bodies. The right of short-term use of a water body is established for a period of up to three years, the right of long-term use - from three to twenty-five years.

Among the purposes of using water bodies, the Water Code of the Russian Federation (Article 85) identifies the following: a) for industry and energy; b) for hydropower. Article 137 of the Code is devoted to the use of water bodies for industry and energy, art. 139 - for hydropower.

So, hydraulic structures are objects of real estate. In turn, the signs of real estate are enshrined in Art. 130 of the Civil Code of the Russian Federation and were developed in the science of civil law. So, I. D. Kuzmina singles out the following features real estate objects: 1) man-made origin; 2) a strong connection with another independent real estate object - a land plot; 3) complex internal structure; 4) the need for constant maintenance and repair for its intended use; 5) constant "consumption" and "processing" of raw materials and energy resources, water during operation and simultaneous "ejection" of waste outside, Wastewater. At the same time, it is noted that a strong connection with the earth is a common systemic feature of immovable things.

Hydraulic structures act as real estate objects as enterprises if they fully comply with the characteristics of the enterprise enshrined in the legislation. According to Art. 132 of the Civil Code of the Russian Federation enterprise as an object of rights is recognized a property complex used for the implementation entrepreneurial activity. The enterprise as a whole as a property complex is recognized as real estate.

Therefore, one of the signs of the enterprise is the commercial orientation of use. Hence the conclusion follows: if a hydraulic structure as an object of civil rights is not used for entrepreneurial activities, then such a property complex from the standpoint of Art. 132 of the Civil Code of the Russian Federation cannot be recognized as an enterprise.

Of course, one can criticize the provision of the Code, pointing out that the sign of a commercial orientation for characterizing an enterprise as an object of civil rights should not be considered as mandatory. But, as they say, the law (even imperfect) must be fulfilled.

The enterprise is not a thing or a complicated thing; it is a collection of assets. The enterprise is a special object of civil rights, and therefore it would be advisable to supplement Art. 128 of the Civil Code of the Russian Federation by the norm on the enterprise.

Having recognized an enterprise as real estate, the Civil Code of the Russian Federation does not automatically subordinate it to all general rules on real estate, but establishes a more formalized and strict regime for transactions with enterprises. At the same time, the legislator does not recognize, as a rule, the dual nature of the enterprise: as an object of law (property complex), and as a subject of entrepreneurial activity. The term "enterprise" as a business entity is used only in relation to unitary enterprises. This conclusion fully applies to hydraulic structures.

For the characteristics of hydraulic structures, their type, year of commencement of construction, year of commissioning, book value, percentage of wear, construction volume, maximum height, length, maximum width at the base, the presence of landslide areas, tectonic and deformation disturbances in the bases and landfalls, as well as the minimum elevation of the crest of water retaining structures and other indicators. It is these indicators that make it possible to individualize a hydraulic structure as an object of civil law.

We consider it expedient to provide in the Law on Hydraulic Structures provisions (rules) on the passport of the HS, in which the corresponding individualizing indicators of the HS are subject to mandatory indication.

The types of production activities of hydraulic structures also have legal significance. Depending on the type of structures, these can be: a) regulation of the operating modes of water bodies (regulation of water flow); b) power generation; in) heat generation; G) water supply; e) other activities. Accordingly, the type of production activity of the HS has an impact on the formation of the legal regime of a particular hydraulic structure.

In addition to land plots and water bodies, hydraulic structures include buildings, structures, inventory, etc.

Thus, there are several directions in the legal regime of hydraulic structures. Firstly, hydraulic structures are real estate objects and they are subject to the private law regime of property. This concerns the issues of the emergence and transfer of ownership, as well as its termination, the obligations of owners and organizations operating hydraulic structures. The private law regime of hydraulic structures also applies to their lease and compensation for damage caused as a result of violations of legislation on the safety of hydraulic structures. Secondly, hydraulic structures are immovable property with a special legal regime, which is manifested in the fact that most of the HS are intended for the use of water resources. In addition, HS have their intended purpose. Thirdly, being an enterprise, a hydraulic structure is subject to Art. 132 of the Civil Code of the Russian Federation with all the ensuing consequences. In particular, the enterprise as a whole as a property complex is recognized as real estate. Further, the enterprise as a whole or part of it may be the object of sale, pledge, lease and other transactions related to the establishment, change and termination of rights in rem. In cases where a hydraulic structure is not an enterprise (since it does not pursue the goal of making a profit), it can be attributed to a property complex not intended for entrepreneurial activities. Property Complex- this is independent view objects of civil rights. The concepts of "property complex" and "enterprise" are related as a genus and species. The scope of the concept of a property complex should not be limited to property commercial organizations. This concept also applies to non-profit organizations with the only difference that the property complex is not used for general rule for business activities.

Along with the term "property complex", modern legislation and practice also know the term "technological complex". Thus, by a joint order of the Ministry of Justice, the Ministry of Economic Development, the Ministry of Property, the State Construction Committee dated October 30, 2001 No. 289/422/224/243, Methodological recommendations were approved on the procedure for conducting state registration rights to real estate objects - energy production and technological complexes of power plants and power grid complexes. AT methodological recommendations it is noted that when conducting state registration of rights to such a structure and transactions with it, it is recommended to take into account that it may include heterogeneous things that form a single whole, involving their use according to general purpose and viewed as one complex thing.

Technological complexes present production systems having a network structure. In this regard, we agree with the opinion of O. A. Grigoryeva, who proposes, in order to preserve their integrity, to fix the legal regime of these property complexes in civil legislation as a complex thing and, accordingly, amend Article 134 of the Civil Code of the Russian Federation in the following wording: “A complex thing is a complex of property united by a common production and economic purpose (pipelines, power transmission lines, railways, ports, transport terminals and others)" . However, the technological complex should not be confused, in our opinion, with the property complex of the enterprise.

Hydraulic structures can be divided into certain types. Law No. 117-FZ, taking into account designated purpose and the nature of the structure names dams, buildings of hydroelectric power plants, spillways, spillways and water outlets, tunnels, canals, pumping stations, shipping locks, ship lifts, etc. In the special literature on the terms of use, HS are divided into permanent and temporary. Permanent structures are used during the operation of the facility for an unlimited time, temporary - only during the period of its construction or repair (lintels, temporary enclosing walls and dams, construction tunnels). In turn, permanent HSs are divided into primary and secondary. The main ones include structures, the repair or failure of which leads to a complete stop of the operation of the facility or significantly reduces the effect of its operation. Secondary are the HS and their separate parts, the termination of which does not entail the onset of significant consequences. The main HWs include dams, dams, spillways, water intake structures, canals, tunnels, pipelines, etc. Bank protection structures, repair gates can serve as examples of secondary HWs.

10 See: Belykh V.S. Enterprise as a property complex and business entity / / Legal Status of Business Entities / ed. V. S. Belykh. Yekaterinburg, 2002, p. 147.

11 See: Stepanov S. A. Real estate in civil law. pp. 177-178.

12 For more on this, see: Belykh V. S. Enterprise as a property complex and business entity: Monograph. M., 2005. S. 288-296.

13 Belykh V. S. Legal regulation of entrepreneurial activity: Monograph. pp.147-148.

15 Grigorieva OA Legal regulation of natural monopolies. Abstract dis. ... cand. legal Sciences. Yekaterinburg, 2003. P.7.

16 See: Waterworks: A Designer's Handbook / under gen. ed. V.P. Nedrighi. M.: Stroyizdat, 1983. P.11.

INTRODUCTION

Today, in our world, there is practically nothing impossible: to build a giant skyscraper - please, go down hundreds of meters under water - no question. Engineering thought and technological progress are taking giant strides. Back in the middle of the last century, turning the rivers back was an extraordinary decision. What can we say: in every self-respecting garden plot or dacha, everyone strives to make their own pond or “their own”, home waterfall. All these high-tech industrial structures and domestic water quirks are handled by specialists in hydraulic engineering. Only everyone has their own scale: who will install a hydroelectric power station on the Siberian river is a common question of the next decade, and who needs to ennoble and preserve the river bank in the city.

CLASSIFICATION OF HYDROTECHNICAL STRUCTURES

A hydraulic structure is a structure that is used for water resources, as well as to combat the harmful effects of water. Examples of such structures are the sea (both in direct and in figuratively...). There are very famous ones: river dams, moorings, hydroelectric power stations, canals, ports. There are also very specialized ones: irrigation and drainage systems (used in agriculture), shipping facilities (river and sea shipping companies), conduits and sedimentation tanks, and much, much more. Some are built on the basis of the principles of development of a particular sector of the economy, others protect people from the water element.

Depending on the location, hydraulic structures can be sea, river, lake, pond. There are also ground and underground hydraulic structures. In accordance with the sectors of water management served, hydraulic structures are: water power, reclamation, water transport, timber rafting, fisheries, for water supply and sewerage, for the use of water resources, for the improvement of cities, sports, aesthetic purposes.

There are hydraulic structures - general, used for almost all types of water use, and - special, erected for any one branch of water management. Common ones include:

Water-retaining. They create a pressure or a difference in water levels in front of the structure and behind it. Most notable examples: dams (the most important and most common type of hydraulic structure), blocking river channels, and river valleys, raising the level of water accumulated in the upstream; dams (or ramparts) that enclose the coastal area and prevent it from flooding during floods and floods on rivers, during tides and storms on the seas and lakes;

Plumbing. They serve to transfer water to specified points: canals, hydrotechnical tunnels, trays, pipelines. Some of them, such as channels, due to natural conditions their location, the need to cross communication lines and ensure the safety of operation, require the construction of other hydraulic structures that are combined into a special group of structures on canals (aqueducts, siphons, bridges, ferry crossings, barriers, gates, spillways, slush discharges, etc.);

Regulatory. Designed to change and improve natural conditions flow of watercourses and protection of channels and river banks from erosion, sedimentation, ice impact, etc. When regulating rivers, jet guides (semi-dams, shields, dams, etc.), bank protection structures, ice guides and ice retention structures are used;

Water intake (water intake) structures. They are arranged to take water from a water source and direct it to a water conduit. In addition to ensuring an uninterrupted supply of water to consumers in the right amount and at the required time, they protect the water supply facilities from the ingress of ice, sludge, sediment, etc.;

Spillway. They serve to pass excess water from reservoirs, canals, pressure basins. They can be channel and coastal, surface and deep, allowing partially or completely emptying water bodies. To regulate the amount of released (discharged) water, spillways are provided with hydraulic gates. For small water discharges, automatic spillways are also used, which automatically turn on when the headwater level rises above a predetermined level. These include open weirs (without gates), spillways with automatic gates, siphon spillways.

Special hydraulic structures:

Structures for the use of water energy buildings of hydroelectric stations, pressure basins, etc.;

Water transport facilities - shipping locks, ship lifts, lighthouses, etc.;

Structures according to the situation of the ship's passage - boats, log launches, etc .;

Port facilities - breakwaters, breakwaters, piers, moorings, docks, boathouses, slipways, etc.;

Ameliorative - main and distribution canals, gateways-regulators on irrigation and drainage systems;

Fisheries - fish passages, fish elevators, fish ponds, etc.

In some cases, general and special structures are combined in one complex, for example, a spillway and a hydroelectric power station building (combined hydroelectric power station) or other structures to perform several functions simultaneously. In the implementation of water management activities, hydraulic structures, united by a common goal and located in one place, constitute complexes - nodes of hydraulic structures (hydraulic facilities). Several hydro units form water management systems, for example, energy, transport, irrigation, etc.

AT recent times a third group of hydraulic structures appeared. So far there are not many of them (and some call it a "whim") - individual hydraulic engineering construction. This is the construction of private "rivers", "lakes", "ponds" and "waterfalls". That is, the same water, only for mood, for decoration, as an aesthetic design of the water landscape. In the price lists of some companies, such a service has long appeared - "environmental hydraulic engineering construction." Of course, this primarily concerns the ecological preservation of the natural riverbed (in the city, for example), the shores of lakes and other water bodies near roads, embankments, etc. But after all, a nice artificial pond in the garden is an important issue. This is an intervention in the ecosystem, albeit a small, but a piece of nature. Therefore, the construction of large and small hydraulic structures should be carried out by highly qualified specialists.

hydraulic structure construction water

V. V. Abramov, Applicant of the Department of Entrepreneurial Law, Ural State Law Academy

The legal definition of the concept of "hydraulic structures" is formulated in Art. 3 of the Federal Law of July 21, 1997 No. 117-FZ "On the safety of hydraulic structures" 1 . Hydraulic structures- these are dams, buildings of hydroelectric power plants, spillways, outlets and water outlets, tunnels, canals, pumping stations, shipping locks, ship lifts; structures designed to protect against floods and destruction of the banks of reservoirs, banks and bottoms of river beds; structures (dams) fencing storage facilities for liquid waste from industrial and agricultural organizations; erosion control devices on canals, as well as other structures designed to use water resources and prevent the harmful effects of water and liquid waste. Some conclusions can be drawn from the above definition. Firstly, almost all hydraulic structures are connected to the land and in this sense they correspond to the characteristics of real estate. Secondly, they are associated with water and aquatic biological resources, as well as with liquid waste. At the same time, most of them use water resources, while the other part uses liquid waste from industrial and agricultural organizations. Thirdly, some of the hydraulic structures are designed for the exploitation of water resources as objects of nature (buildings of hydroelectric power stations, catchment, drainage and water outlet structures, canals, etc.), others - to protect against floods and destruction of the banks of reservoirs, banks and bottom of river channels, others - protect liquid waste storage facilities of industrial and agricultural organizations, the fourth ones are anti-washout devices on canals. Finally, there are facilities designed to use water resources and prevent the harmful effects of water and liquid waste. Each of the types of hydraulic structures has some features in its legal regime.

As can be seen, in Law No. 117-FZ, the concept of "hydraulic structures" is connected mainly with the concept of "structure". The definition of the term "structure" is formulated in All-Russian classifier fixed assets OK 013 - 94, approved by the Decree of the State Standard of the Russian Federation of December 26, 1994 No. 359 2 . According to the classifier subsection"Constructions" include engineering and construction facilities, the purpose of which is to create the conditions necessary for the implementation of the production process by performing certain technical functions that are not related to changing the object of labor, or for the implementation of various non-production functions. object, acting as a structure, is each individual structure with all the devices that make up a single whole with it. For example, a dam includes a dam body, filters and drains, sheet piles and grout curtains, spillways and weirs with metal structures, slope fastenings, roads along the body of the dam, bridges, platforms, fences, etc. To facilities also include: complete functional devices for the transmission of energy and information, such as power lines, heating plants, pipelines for various purposes, radio relay lines, cable communication lines, specialized facilities for communication systems, as well as a number of similar facilities with all related complexes engineering structures.

At the same time, it is not difficult to see that the definition of a structure formulated in the Classifier is of a technical nature.

In the legal literature, legal signs of the legal regime of buildings and structures are distinguished. So, Kuzmina I. D. believes that in order to create a common legal image of buildings and structures, such a definition should be proposed, which would be a means of establishing the limits of the legal regime of these real estate objects. According to the named author, the definition should indicate some special commonality within the genus of real estate objects. A strong connection between the results of construction activities and the land plot is manifested in their capital value, stationarity and perpetuity (permanence. In addition, the legal regime of buildings and structures differs from the legal regime of other objects of urban planning 3 . In particular, objects of construction activities (in our case - HS) in the process of construction before they are put into operation in the prescribed manner cannot be attributed to buildings and structures.

At the same time, the opinion is correct that objects of construction in progress, according to their inherent characteristics (strong connection with the land plot, non-movability), should be recognized as immovable things. Here is what V. S. Zhabreev writes about this: “Regardless of the degree of readiness, whether it is only a foundation or an actually completed building that has not been handed over to the acceptance committee, such an object, even if it is in the process of being implemented construction works, is real estate" 4 .

Of course, the main elements of a hydraulic structure are a land plot and a water body. In this case, the hydraulic structure acts as a land user and water user.

The legal regime of land plots occupied by hydraulic structures is regulated by Chapter XVI of the Land Code of the Russian Federation “Lands of industry, energy, transport, communications, radio broadcasting, television, informatics, land for space activities, land for defense, security and land for other special purposes”. According to Art. 87 of the Land Code of the Russian Federation, these lands are used to ensure the activities of organizations and (or) the operation of industrial facilities, energy, etc. These lands, in order to ensure the safety of the population and create the necessary conditions for the operation of industrial facilities, energy, etc., may include security, sanitary protection and other zones with special conditions for land use. Land plots included in such zones are not confiscated from the owners of land plots, land users, land owners and tenants of land plots, but a special regime for their use may be introduced within their boundaries, restricting or prohibiting those types of activities that are incompatible with the goals of establishing zones.

Industrial and other special-purpose lands occupied by objects assigned to the jurisdiction of the Russian Federation are federal property. Other lands may be owned by subjects of the Russian Federation, municipalities. From here you can draw a conclusion that if a hydraulic structure is privately owned, then the land plot occupied by it may be privately owned by individuals (citizens) and legal entities.

Article 89 of the Land Code of the Russian Federation is devoted to energy lands. These include lands that are used or intended to support the activities of organizations and (or) the operation of energy facilities. We are talking about the placement of hydroelectric power stations, their facilities and facilities, overhead power lines, substations, distribution points, other structures and energy facilities. To ensure the activities of organizations and the operation of energy facilities, security zones of electrical networks can be established. The rules for determining the size of land plots for the placement of overhead power lines and communication line supports serving electrical networks are established by legal acts of the Government of the Russian Federation 5 .

The question of the fate of the land plot and the property is debatable. According to I. D. Kuzmina, the legal registration of the fate of these two objects should be carried out within the framework of civil, and not land legislation. 6 . Meanwhile, according to par. 5 p. 1 art. 1 of the Land Code of the Russian Federation, one of the principles of land legislation is the unity of the fate of land plots and objects firmly associated with them. This principle is supplemented by the provisions of Art. 273 of the Civil Code of the Russian Federation, by virtue of which, upon transfer of ownership of a building and structure owned by the owner of the land plot on which it is located, the rights to the land plot, determined by agreement of the parties, are transferred to the purchaser of the building (structure). In this way, in our opinion, intersectoral (complex) regulation of these social relations is achieved.

Hydraulic structures, as a rule, are associated with the operation of water bodies. Article 1 of the Water Code of the Russian Federation defines a water body as a concentration of water on the surface of the land in the forms of its relief or in the bowels, which has boundaries, volume and features of the water regime. Depending on the physical-geographical, hydro-regime and other features, water bodies are divided into: surface water bodies; inland sea waters; territorial sea of the Russian Federation; underground water bodies. Hydraulic structures are mainly associated with surface water bodies. Surface water bodies - a permanent or temporary concentration of water on the land surface in the forms of its relief, which has boundaries, volume and features of the water regime. They consist of surface waters, bottom and coasts. Surface water bodies are divided into: surface watercourses and reservoirs on them; surface water bodies; glaciers and snowfields.

So, hydraulic structures are objects of real estate. In turn, the signs of real estate are enshrined in Art. 130 of the Civil Code of the Russian Federation and were developed in the science of civil law. So, I. D. Kuzmina highlights the following features of real estate objects: 1) man-made origin; 2) a strong connection with another independent real estate object - a land plot; 3) complex internal structure; 4) the need for constant maintenance and repair for its intended use; 5) constant "consumption" and "processing" of raw materials and energy resources, water during operation and simultaneous "ejection" of waste, wastewater 7 . At the same time, it is noted that a strong connection with the earth is a common systemic sign of immovable things. 8 .

Hydraulic structures act as real estate objects as enterprises if they fully comply with the characteristics of the enterprise enshrined in the legislation. According to Art. 132 of the Civil Code of the Russian Federation enterprise a property complex used for entrepreneurial activities is recognized as an object of rights. The enterprise as a whole as a property complex is recognized as real estate.

The enterprise is not a thing or a complicated thing; is a collection of assets 9 . The enterprise is a special object of civil rights, and therefore it would be advisable to supplement Art. 128 of the Civil Code of the Russian Federation by the norm on the enterprise 10 .

Having recognized an enterprise as real estate, the Civil Code of the Russian Federation does not automatically subordinate it to all general rules on real estate, but establishes a more formalized and strict regime for transactions with enterprises 11 . At the same time, the legislator does not recognize, as a rule, the dual nature of the enterprise: as an object of law (property complex), and as a subject of entrepreneurial activity. 12 . The term "enterprise" as a business entity is used only in relation to unitary enterprises. This conclusion fully applies to hydraulic structures.

For the characteristics of hydraulic structures, their type, year of commencement of construction, year of commissioning, book value, percentage of wear, building volume, maximum height, length, maximum width along the base, the presence of landslide areas, tectonic and deformation disturbances in the bases and coastal junctions, as well as the minimum elevation of the crest of water-retaining structures and other indicators. It is these indicators that make it possible to individualize a hydraulic structure as an object of civil law.

In addition to land plots and water bodies, hydraulic structures include buildings, structures, inventory, etc.

Thus, there are several directions in the legal regime of hydraulic structures. Firstly, hydraulic structures are real estate objects and they are subject to the private law regime of property. This concerns the issues of the emergence and transfer of ownership, as well as its termination, the obligations of owners and organizations operating hydraulic structures. The private law regime of hydraulic structures also applies to their lease and compensation for damage caused as a result of violations of legislation on the safety of hydraulic structures. Secondly, hydraulic structures are immovable property with a special legal regime, which is manifested in the fact that most of the HS are intended for the use of water resources. In addition, HS have their intended purpose. Thirdly, being an enterprise, a hydraulic structure is subject to Art. 132 of the Civil Code of the Russian Federation with all the ensuing consequences. In particular, the enterprise as a whole as a property complex is recognized as real estate. Further, the enterprise as a whole or part of it may be the object of sale, pledge, lease and other transactions related to the establishment, change and termination of rights in rem. In cases where a hydraulic structure is not an enterprise (since it does not pursue the goal of making a profit), it can be attributed to a property complex not intended for entrepreneurial activities. Property Complex is an independent type of objects of civil rights. The concepts of "property complex" and "enterprise" are related as a genus and species. The scope of application of the concept of a property complex should not be limited to the property of commercial organizations. This concept is also applied to non-profit organizations with the only difference that the property complex is not used as a general rule for entrepreneurial activities. 13 .

Along with the term "property complex", modern legislation and practice also know the term "technological complex". Thus, by a joint order of the Ministry of Justice, the Ministry of Economic Development, the Ministry of Property, Gosstroy dated October 30, 2001 No. 289/422/224/243, Methodological recommendations were approved on the procedure for state registration of rights to real estate objects - energy production and technological complexes of power plants and electric grid complexes 14 . The Guidelines note that when conducting state registration of rights to such a structure and transactions with it, it is recommended to take into account that it may include heterogeneous things that form a single whole, involving their use for a general purpose and considered as one complex thing.

Technological complexes represent production systems that have a network structure. In this regard, we agree with the opinion of O. A. Grigoryeva, who proposes, in order to preserve their integrity, to fix the legal regime of these property complexes in civil legislation as a complex thing and, accordingly, amend Article 134 of the Civil Code of the Russian Federation in the following wording: “A complex thing is a complex of property united by a common production and economic purpose (pipelines, power lines, railways, ports, transport terminals, etc.) 15 . However, the technological complex should not be confused, in our opinion, with the property complex of the enterprise.

Hydraulic structures can be divided into separate types. Law No. 117-FZ, taking into account the intended purpose and nature of the structure, names dams, buildings of hydroelectric power plants, spillways, water outlets and outlet structures, tunnels, canals, pumping stations, shipping locks, ship lifts, etc. In the special literature on the conditions for the use of HS are divided into permanent and temporary 16 . Permanent structures are used during the operation of the facility for an unlimited time, temporary - only during the period of its construction or repair (lintels, temporary enclosing walls and dams, construction tunnels). In turn, permanent HSs are divided into primary and secondary. The main ones include structures, the repair or failure of which leads to a complete stop of the operation of the facility or significantly reduces the effect of its operation. Secondary are the HS and their separate parts, the termination of which does not entail the onset of significant consequences. The main HWs include dams, dams, spillways, water intake structures, canals, tunnels, pipelines, etc. Bank protection structures, repair gates can serve as examples of secondary HWs.

7. Conditionally three stages of modern land reform can be distinguished:

At the first stage, the Land Code of the RSFSR of 1991, which contained some of the beginnings of the progressive development of market land relations, was of significant importance for the development of modern land legislation. But becoming modern model land relations should be associated, first of all, with the adoption of constitutional norms on the diversity and equal legal protection of all forms of ownership of land, the guarantee of private property. In this regard, the President of the Russian Federation signed Decree No. 2287 of December 24, 1993 “On bringing land legislation in line with the Constitution of the Russian Federation”, according to which 48 articles were excluded from the Land Code of the RSFSR and it actually ceased to meet the requirements for codified normative legal acts.

Further legal framework development of land relations were determined by Decrees of the President of the Russian Federation of October 27, 1993 No. 1767 "On the regulation of land relations and the development of agrarian reform in Russia", of December 16, 2003 No. 2144 "On federal natural resources", of March 7, 1996 No. 337 " On the implementation of the constitutional rights of citizens to land. These regulatory legal acts consolidated all the significant ideas developed by the modern Land Code of the Russian Federation (this includes giving land plots the status of real estate objects, and fixing the rule on the judicial procedure for resolving land disputes, and giving a property character to modern land relations in general). In general, the land legislation of the period of the mid-1990s contained numerous gaps.

The land legislation of the late 90s - 2000s marked the second stage of the land reform, realizing the trend of increasing regulatory significance legal regulation land relations, which was expressed in strengthening the role of federal laws in the system of sources. There are practically no effective Decrees of the President of the Russian Federation on the regulation of land relations in Russia, on October 25, 2001, the Land Code of the Russian Federation was adopted, subsequently - a whole range of special federal laws implemented by decrees of the Government of the Russian Federation and regulations of federal executive bodies.

Federal legislation on the use and protection of land at this stage can be divided into several groups. It:

regulations establishing unified land and legal norms (Land, Town Planning, Civil Codes of the Russian Federation);

normative acts that implement and develop the idea of private ownership of land (federal laws "On the turnover of agricultural land", "On the peasant (farm) economy", "On personal subsidiary farming", "On horticultural, gardening and summer non-profit associations of citizens") ;

normative acts regulating organizational and managerial relations (federal laws “On the state real estate cadastre”, “On land management”, “On the transfer of land and land plots from one category to another”);

normative acts regulating the economic and legal mechanism of land reform (Tax Code, by-laws on cadastral valuation of land) and

normative acts regulating relations on land protection (federal laws “On Land Reclamation”, “On state regulation ensuring the fertility of agricultural lands”, “On specially protected natural areas”, “On territories of traditional nature management of indigenous small peoples North, Siberia and the Far East”, Forest Code, Water Code, Law of the Russian Federation “On Subsoil”).

At this stage of the land reform, there was a tendency to strengthen special norms, which is quite understandable by the complexity of land relations and their pronounced regional character.

Modern land legislation is a unique phenomenon in the legislative activity of Russia. Its complex nature gives rise to numerous contradictions. Legislation on the use and protection of land is not free from shortcomings and gaps. The norms of the Land Code are mostly of a referential nature, there are contradictions between the norms of the land and civil legislation, especially in terms of real rights to land. Legislation in this area is on the way of development and implementation optimal model legal regulation that can take into account both private interests and the public nature of relations on the use and protection of land. All this largely marked the onset of the next - the third stage of land reform. 1 .

Offensive this stage can also be connected with the draft federal law No. 47538-6 “On Amendments to Parts One, Two, Three and Four of the Civil Code of the Russian Federation, as well as to Certain Legislative Acts of the Russian Federation”, adopted in the first reading on April 27, 2012, which is aimed at regulation of the mechanism of property rights and limited real rights to land plots and other natural objects. At the same time under consideration State Duma there is a draft federal law No. 50654-6 “On Amending the Land Code of the Russian Federation and certain legislative acts of the Russian Federation in terms of the abolition of land categories and the invalidation of the Federal Law “On the transfer of land or land plots from one category to another”. These draft laws essentially characterize multidirectional trends in the further development of land legislation, requiring a radical update of most of the land legal norms, while the draft law No. 47538-6 in terms of land relations is built on the categorization of land.

In addition, the simultaneous conceptual change of civil, land and town planning legislation in the absence of practice of applying the changes introduced will adversely affect the country's investment climate. Currently, land and urban planning legislation needs to be unified, harmonized and eliminate gaps and conflict of laws.

It should be recognized that the current land legislation, designed to improve the efficiency of land use and protection, does not fulfill these tasks. To overcome the current situation, it is advisable to develop a concept for improving land legislation.

In addition to the problem of effective legislative support, the practical implementation of land legal norms is not provided with information - there is a lack of completeness of information about land plots and the land fund.

Currently, legislative efforts should be focused on the development of a package of draft federal laws that implement the provisions of the draft federal law No. 47538-6 adopted in the first reading, the adoption of which will lead to the emergence of a large number of conflicts, for the time of elimination of which it is practically impossible to provide and use land plots, forest fund plots, water bodies and subsoil plots. In addition, there is a problem of the correlation of titles proposed by the drafted chapter 19.2 of the Civil Code with the current land legislation. In this regard, it is necessary to pay attention to the introduction of the possibility of establishing public easements for the construction, reconstruction of utility, engineering, electrical and other lines and networks, transport infrastructure facilities.

The problem of reducing the volume of by-laws due to the introduction of their norms into the texts of federal laws remains very relevant in order to increase the efficiency of the practical application of land-legal norms.

Remain topical issues optimizing the conditions for granting land plots for ownership or lease, including improving the bidding mechanism, creating effective system land management, completion of the process of registering rights to land plots, increasing the efficiency of supervision (control) over the use and protection of land, improving the regulatory legal framework for land management, the real estate cadastre and land monitoring, completing the development of territorial planning documents, urban zoning and other urban planning documentation in accordance with the requirements of the latest legislation, a significant improvement in the information support of authorities and interested parties, including through the implementation of land inventory, consolidation

12.Topic 4. Legal Forms land use

Chapter 9 Hydrodynamic Accidents

9.1. Hydraulic structures

Hydraulic structures and their classifications

To hydraulic structures (TTC) includes pressure front structures

and natural dams (dams, locks, dams, irrigation systems, cofferdams, dams, canals, storm sewer etc.), creating a difference in water levels before and after them, designed to use water resources, as well as to combat harmful effects water.

Dam - an artificial water-retaining structure or a natural (natural) obstacle in the way of a watercourse, creating a difference in levels in its upstream and downstream along the riverbed; is an important type of common hydraulic structure with culverts and other devices created with it.

Artificial dams are created by man for his own needs; these are dams of hydroelectric power stations, water intakes in irrigation systems, dams, dams, dams that create a reservoir in their upper pool. Natural dams are the result of the actions of natural forces: landslides, mudflows, avalanches, collapses, earthquakes.

Pool - a section of a river between two adjacent dams on a river or a section of a canal between two locks.

The upstream of the dam part of the river above the retaining structure (dam, lock). Downstream - part river below the retaining structure.

Risberma - a fortified section of the riverbed in the downstream of a spillway hydraulic structure, protecting the channel from erosion, equalizing the flow rate.

Reservoirs can be long-term or short-term. A long-term artificial reservoir is, for example, the reservoir of the headwater of the Iriklinskaya GRES. A long-term natural reservoir is formed due to the blocking of rivers by a collapse of hard rock (Tian Shan, Pamir, etc.).

Short-term artificial dams are built to temporarily change the direction of the river bed during the construction of a hydroelectric power station or other hydraulic structures. They arise as a result of blocking the river with loose soil, snow or ice (congestion, constipation).

As a rule, artificial and natural dams have drains: for artificial dams - directed, for natural - randomly formed (spontaneous).

There are several classifications of hydraulic structures.

According to the location of the GTS are divided into:

on land (pond, river, lake, sea);

underground pipelines, tunnels.

By nature and purpose of use The following types of GTS are distinguished:

water and energy;

for water supply;

ameliorative;

V. A. Makashev, S. V. Petrov. "Dangerous situations of a man-made nature and protection against them: a textbook"

sewer;

water transport;

decorative;

timber-smelting;

sports;

fisheries.

By functional purpose GTS are classified as follows:

waterworks, creating a pressure or a difference in water levels in front of the structure and behind it (dams, dams);

plumbing structures(water conduits) used to transfer water to specified points (canals, tunnels, flumes, pipelines, locks, aqueducts);

regulatory (corrective) structures,designed to improve the conditions for the flow of watercourses and protect the channels and banks of rivers (shields, dams, semi-dams, bank protection, ice guide structures);

waterworks, used to pass excess water from reservoirs, canals, pressure basins, which allow partially or completely emptying reservoirs.

AT separate group special hydraulic structures:

HTS for the use of water energy - HPP buildings and pressure basins;

GTS for water transport - shipping locks, log launches;

ameliorative GTS - main and distribution canals, locks,

fishery HTS - fish passages, fish ponds;

complex hydraulic structures (hydraulic units) - hydraulic structures united by a common network of dams, canals, locks, power plants, etc.

Classes of hydraulic structures

Depending on the possible consequences of their destruction, hydrotechnical structures of the pressure front are divided into classes: hydroelectric power plants with a capacity of 1.5 million kW or more belong to class I, and those of smaller capacity belong to class II–IV. Land reclamation facilities with an area of irrigation and drainage over 300,000 ha belong to class I, and those with an area of 50,000 ha or less belong to class II–IV.

The class of the main permanent structures of the pressure front also depends on their height and the type of foundation soils (Table 16).

Table 16

Classes of the main permanent hydraulic structures of the pressure front, depending on their height and type of foundation soil

V. A. Makashev, S. V. Petrov. "Dangerous situations of a man-made nature and protection against them: a textbook"