Public rights of way on highway dedications

07.02.2013

Legal Update No. 406, 07 February 2013

Goltsblat BLP advises that the Procedure has been approved for submission and consideration of applications for establishing public rights of way on land plots within the bounds of highway dedications (other than those relating to private roads) for the purposes of laying, moving, reinstalling or operating utilities, as well as the documents to be attached to the application to establish a public right of way and the required content of the decision on this (the Procedure).

The Procedure establishes, in particular:

  • the format of the application for establishment of a public right of way,
  • the list of documents to be attached to the application,
  • the timeline for considering the application and making a relevant decision.

It should be noted that a number of matters remain somewhat unclear. For instance, it is not obvious how the boundaries of the public right of way should be indicated - using the co-ordinates of the feature points or some other way.

It is also stipulated that the fee for establishing a public right of way be set in the authority’s relevant decision (clause 11 of the Procedure), whereas, according to part 4.6., article 25 of the Federal Law of 8 November 2007 "On Highways and Highway Activities in the Russian Federation and Amendment of Certain Legislative Acts of the Russian Federation" (the Highways Law), the fee for establishing a public right of way is specified in the agreement that the person using the land plot on the basis of the public right of way before work begins on it is required to conclude with the person to which land plots within the bounds of highway dedications are provided for permanent (termless) use.

Let us also recall that a number of subjudicial acts required for enforcement of Federal Law of 11 July 2011 No. 193-FZ "On Amendment of the Federal Law ‘On Highways and Highway Activities in the Russian Federation and Amendment of Certain Legislative Acts of the Russian Federation’ and Certain Legislative Acts of the Russian Federation” have still not been approved by the Ministry of Transport of Russia. This refers, in particular, to orders:

  • determining the substantive conditions of agreements concluded by owners of utilities with owners of highways for laying, moving, reinstalling and operating utilities within the bounds of highway dedications (part 6.2., article 19 of the Highways Law);
  • establishing the approximate formats of the agreements establishing public rights of way, agreements envisaging the fee for establishing a public right of way, and the fee payment procedure (part 4.7., article 25 of the Highways Law).

Order of the Ministry of Transport of Russia of 17 October 2012 No. 373 approving the Procedure was registered with the Ministry of Justice of Russia on 28 January 2013 No. 26725 and comes into effect on 11 February 2013.

If you have any question or would like more detailed information, please contact: Vitaly Mozharowski, Partner, Real Estate & Construction, Goltsblat BLP, by phone +7 495 287 44 44, or by e-mail Vitaly.Mozharowski@gblplaw.com; or Yuri Chernobrivtsev, Partner, Real Estate & Construction, Goltsblat BLP, by phone +7 495 287 44 44, or by e-mail Yuri.Chernobrivtsev@gblplaw.com; or Maxim Popov, Associate Director, Real Estate & Construction, Goltsblat BLP, by phone +7 495 287 44 44, or by e-mail Maksim.Popov@gblplaw.com.

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