Russian Ministry of Transport: new procedure for establishing and using federal highway dedications and road shoulders.

28.07.2010

Legal Update No. 160.

Goltsblat BLP advises that, on 13 January 2010, the Russian Ministry of Transport issued Order No.4 "On Establishment and Use of Federal Road Shoulders" and Order No. 5 "On Establishment and Use of Federal Highway Dedications", applicable only to federal highways (the "highways").

The above orders regulate in detail any business carried out within highway dedications. In particular, they establish that:

  • such activities are permitted unless they:
    • contaminate highway dedications,
    • are detrimental to traffic safety,
    • impede traffic flow,
    • violate other established requirements;
  • felling is prohibited on land plots within the boundaries of a highway dedication classified as transportation land, unless such felling is required for construction or renovation under approved projects, repair and maintenance of highways.
  • laying and re-laying of utilities by their owners or at their expense are permitted on the basis of written permission from the highway owner, a contract with the highway owner, a construction permit or easement agreement in respect of land plots within the boundaries of highway dedications transferred to the state company Rossiiskie Avtomobilnie Dorogi for trust management.

Special rules apply to location of highway infrastructure facilities within the boundaries of highway dedications and on road shoulders. Decisions on forming land plots within the boundaries of public highway dedications and their allocation for highway infrastructure facilities are the responsibility of either the Federal Highways Agency or the state company Rossiiskie Avtomobilnie Dorogi in respect of highways under its trust management. Highway infrastructure facilities within or outside road shoulders that should, even so, be included in the highway infrastructure should be located in consideration of the existing location of such facilities within the highway dedication.  

Highway dedication boundaries should be determined on the basis of territorial planning documentation or, until 1 January 2012, when no such documentation exists with respect to the territory intended for building a highway, on the basis of land plot layout schemes on the cadastral plan or the cadastral map of the territory. Boundaries of road shoulders should be established by the Federal Highways Agency.

The approved rules enter into force when resolutions of the Russian Government on these issues are invalidated.

For additional information, please contact:

Vitaly Mozharowski,
Partner, Real Estate and Construction,
Goltsblat BLP,
T: +7 (495) 287 44 44,
E: info@gblplaw.com

Elena Barinova,
Partner, Real Estate Investment  and Finance,
Goltsblat BLP,
T: +7 (495) 287 44 44,
E: info@gblplaw.com

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