Legal regime of protective zones for linear facilities

The article analyzes the provisions of the Land Code of the Russian Federation, the Civil Code of the Russian Federation, the Federal Law of March 31, 1999, No. 69-FZ “On Gas Supply in the Russian Federation”, as well as subordinate legislation and the opinions of scholars in civil law regarding the legal regime of zones with special conditions for land use in relation to the existence of linear objects. Particular attention is paid to the qualification of restrictions on rights characteristic of zones with special conditions for land use as so-called “legal” or “implied” servitudes. The article explores the limitations imposed on the interests of landowners whose parcels fall within the boundaries of protective zones, alongside the obligations of these landowners. Additionally, the article addresses contentious issues that arise in practice concerning the existence of protective zones, including the recovery of lost profits resulting from the presence of a linear facilities on someone else’s land parcel, the potential recognition of a structure as unauthorized if situated within a minimum distance zone to a pipeline transportation object, and the possibility of dismantling a linear object in the absence of information regarding its protective zone in the Unified State Register of Real Estate (EGRN).