Whether the dam is a hydraulic structure. Hydraulic structures: what is it, general norms for design and calculation

Decor elements 30.09.2019

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

On the classification of hydraulic structures

In accordance with Article 4 of the Federal Law "On the Safety of Hydraulic Structures", the Government of the Russian Federation

decides:

1. Establish that hydraulic structures are subdivided into the following classes:

Class I - hydraulic structures of extremely high hazard;

Class II - high-risk hydraulic structures;

III class - hydraulic structures of medium hazard;

IV class - low hazard hydraulic structures.

2. To approve the attached criteria for the classification of hydraulic structures.

3. Establish that if a hydraulic structure in accordance with the criteria approved by this resolution can be assigned to different classes, such a hydraulic structure belongs to the highest of them.

Prime Minister
Russian Federation
D. Medvedev

Criteria for the classification of hydraulic structures

APPROVED BY
government decree
Russian Federation
dated November 2, 2013 N 986

1. Classes of hydraulic structures, depending on their height and type of soil foundations:


Hydraulic structure	Soil type base- niya	Hydraulic structure height (meters)

1. Dams from soil materials


2. Concrete dams, reinforced concrete;			from 60 to 100
underwater building structures
hydroelectric power stations; shipping locks; ship lifts and other structures involved in the creation of the pressure front
3. Retaining walls


4. Marine mooring constructions the main destination
5. Marine intraport protective structures; coastal strengthening; stream-guiding and nano-retention floating dams other				15 or less
6. Fencing structures for liquid waste storage facilities
7. Fencing structures; ice protection structures
8. Dry and loading docks;				15 or less
loading dock cameras				10 or less

Notes: 1. Soils are subdivided into: A - rocky; B - sandy, coarse-grained and clayey in solid and semi-solid state; B - clayey water-saturated in a plastic state.

2. The height of the hydraulic structure and the assessment of its foundation are determined according to the data of the design documentation.

3. In positions 4 and 7, instead of the height of the hydraulic structure, the depth of the foundation of the hydraulic structure is taken.

2. Classes of hydraulic structures, depending on their purpose and operating conditions:


Hydraulic structure	Class hydrotechnical constructions
1. Retaining hydrotechnical structures of reclamation waterworks with the volume of the reservoir, million cubic meters:
over 1000
from 200 to 1000
from 50 to 200
50 or less
2. Hydraulic structures of hydraulic, pumped storage, tidal and thermal power plants installed capacity, MW:
more than 1000
from 300 to 1000
from 10 to 300
10 or less
3. Hydraulic structures nuclear power plants regardless of power
4. Hydraulic structures and navigable canals on inland waterways (except for hydraulic structures of river ports):
superhighway
trunk and local significance
5. Hydraulic structures of reclamation systems with the area of irrigation and drainage served by structures, thousand hectares:
over 300
from 100 to 300
from 50 to 100
50 or less
6. Canals for integrated water management and hydraulic structures on them with the total annual volume of water supply, million cubic meters:
over 200
from 100 to 200
from 20 to 100
less than 20
7. Marine protective hydraulic structures and hydraulic structures of sea canals, seaports with the volume of cargo turnover and the number of ship calls to navigation:
over 6 million tons of dry cargo vessels (over 12 million tons of liquid cargo) and over 800 ship calls
from 1.5 to 6 million tons of dry cargo vessels (from 6 to 12 million tons of liquid cargo) and from 600 to 800 ship calls
less than 1.5 million tons of dry cargo vessels (less than 6 million tons of liquid cargo) and less than 600 ship calls
8. Marine protective hydraulic structures and hydraulic structures of marine shipbuilding and ship repair enterprises and bases, depending on the class of the enterprise
9. Fencing hydraulic structures of river ports, shipbuilding and ship repair enterprises
10. Hydraulic structures of river ports with an average daily cargo turnover (conv. Tons) and passenger traffic (conv. Passengers):
over 15000 conv. tons and over 2000 conv. passengers (port category 1)
3501-15000 conv. tons and 501-2000 conv. passengers (port category 2)
751-3500 conv. tons and 201-500 conv. passengers (port category 3)
750 and less conv. tons and 200 or less conv. passengers (4 port category)
11. Marine berthing hydraulic structures, hydraulic structures of railway crossings, lighter carrier systems during cargo turnover, million tons:
over 0.5
0.5 and less
12. Berthing hydraulic structures for layering, inter-voyage repairs and supply of ships
13. Berthing hydraulic structures of shipbuilding and ship repair enterprises for vessels with empty displacement, thousand tons:
over 3.5
3.5 and less
14. Construction and lifting and launching hydraulic structures for ships with launching weight, thousand tons:
over 30
from 3.5 to 30
3.5 and less
15. Stationary hydraulic structures of aids to navigation
16. Temporary hydraulic structures used at the stages of construction, reconstruction and overhaul permanent hydraulic structures
17. Bank protection hydraulic structures

Notes: 1. The class of hydraulic structures of hydraulic and thermal power plants with an installed capacity of less than 1000 MW, specified in position 2, is increased by one if the power plants are isolated from power systems.

2. The class of hydraulic structures specified in position 6 is increased by one for canals transporting water to arid regions in conditions of difficult mountainous terrain.

3. The class of hydraulic structures of the canal section from the head water intake to the first regulating reservoir, as well as the canal sections between the regulating reservoirs, provided for by position 6, is reduced by one if water supply to the main water consumer during the period of liquidation of the consequences of an accident on the canal can be ensured due to the regulating capacities of reservoirs or other sources.

4. The class of hydraulic structures of river ports specified in position 10 is increased by one if damage to hydraulic structures of river ports can lead to emergencies of a federal, interregional and regional nature.

5. The class of hydraulic structures specified in positions 13 and 14 is increased by one depending on the complexity of the ships under construction or being repaired.

6. The class of hydraulic structures specified in position 16 is increased by one if damage to such hydraulic structures can lead to the occurrence of emergency.

7. The class of hydraulic structures specified in position 17 is increased by one if damage to bank protection hydraulic structures can lead to emergency situations of a federal, interregional and regional nature.

3. Classes of protective hydraulic structures, depending on the maximum pressure on the water retaining structure:


Protected territories	Maximum design head (meters)
and objects
1. Residential territories (settlements) with housing density on the territory of possible partial or complete destruction in an accident on a water retaining structure, 1 square meter per 1 hectare:
over 2500
from 2100 to 2500
from 1800 to 2100
		from 10 to 15
2. Recreational facilities recreational and sanitary purposes (not included in position 1)
3. Objects with a total annual production volume and (or) the cost of products stored at a time, billion rubles:
over 5
from 1 to 5
less than 1
4. Monuments of culture and nature

4. Classes of hydraulic structures depending on the consequences of possible hydrodynamic accidents:


Hydraulic class natural building niya	Number constantly living people who may be affected by a hydraulic accident whom structures (people)	The number of people, living conditions which can be violated in the event of a hydraulic accident whom structures (people)	The size possible material damage without taking into account the losses of the owner of the hydraulic whom structures (million rubles)	Characteristics of the territory where an emergency situation occurs as a result of an accident hydrotechnical constructions
		more than 20,000		within the territory of two or more constituent entities of the Russian Federation
	from 500 to 3000			within
				territory of one subject Russian Federation (two or more municipal formations)
			from 100 to 1000	within the territory of one municipality
				within the territory of one business entity

Electronic text of the document
prepared by Kodeks CJSC and verified by:
Collection of legislation
Russian Federation,
45, 11.11.2013, article 5820

Hydraulic structures (GTC) include structures of a pressure front and natural dams (dams, sluices, dams, irrigation systems, cofferdam, dams, canals, storm sewer and others), creating a difference in water levels before and after them, intended for the use of water resources, as well as to combat the harmful effects of water.

Dam - an artificial water retaining structure or natural (natural) obstacle in the path of a watercourse, creating a difference in levels in its upper and lower reaches along the river bed; is an important type of general hydraulic structure with culverts and other devices created under it.

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

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

The upper reach of the dam is the part of the river above the retaining structure (dam, sluice).

Downstream - part of the river below the retaining structure.

The apron is a fortified section of the river bed in the downstream of a water discharge structure, which protects the river bed from erosion and evens out the flow rate.

Reservoirs can be long-term or short-term. A long-term artificial reservoir is, for example, the reservoir of the upper pool of the Iriklinskaya GRES. A long-term natural reservoir is formed due to the overlap of rivers by a collapse of solid rocks (Tien Shan, Pamir mountains, etc.).

Short-term artificial dams are constructed to temporarily change the direction of the river bed during the construction of hydroelectric power plants 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 gutters: for artificial dams - directed, for natural - randomly formed (spontaneous). There are several classifications of hydraulic structures. The location of the GTS is divided into:

on land (pond, river, lake, sea);
underground pipelines, tunnels.

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

water and energy;
for water supply;
reclamation;
sewer;
water transport;
decorative;
timber smelting;
sports;
fishery.

By functional purpose, GTS are classified as follows:

water retaining structures that create a head or a difference in water levels in front of and behind the structure (dams, dams);
water supply structures (water conduits) that serve to transfer water to specified points (canals, tunnels, flumes, pipelines, locks, aqueducts);
regulatory (straightening) structures designed to improve the conditions for the flow of watercourses and protect river channels and banks (shields, dams, semi-dams, bank protection, ice guiding structures);
spillway structures that serve to pass excess water from reservoirs, canals, pressure basins, which allow partially or completely emptying reservoirs.

Special hydraulic structures are distinguished into a special group:

GTS for the use of water energy - HPP buildings and pressure basins;
GTS for water transport - shipping locks, log slopes;
reclamation GTS - main and distribution channels, gateways, regulators;
fishery GTS - fish passages, fish ponds;
complex GTS (waterworks) - GTS, united by a common network of dams, canals, gateways, power plants, etc.

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.

Legal regime 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 of Defense, Security and Other Special Purpose Lands." 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. 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 that are included in such zones are not withdrawn from land owners, land users, landowners and tenants of land plots, but a special regime for their use may be introduced within their boundaries, restricting or prohibiting those 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 the constituent entities of the Russian Federation, municipalities. From here you can make a conclusion that if a hydraulic structure is privately owned, then the land plot it occupies 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 plants, facilities and facilities serving them, overhead power lines, substations, distribution points, other structures and energy facilities. To ensure the activities of organizations and the operation of energy facilities, protective zones of electrical networks can be established. The rules for determining the size of land plots for the placement of overhead power transmission lines and supports of communication lines serving electrical networks are established by legal acts of the Government of the Russian Federation.

Discussion is the question of the fate of the land plot and the property. 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 paragraphs. 5 p. 1 of 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 connected 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 the transfer of ownership of a building and structure belonging to 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 acquirer of the building (structure). In this way, in our opinion, an intersectoral (complex) regulation of these social relations is achieved.

Hydraulic structures are usually associated with the operation water bodies... Article 1 of the Water Code of the Russian Federation defines a water body as the concentration of water on the land surface in the forms of its relief or in the depths, having the boundaries, volume and features of the water regime. Depending on the physical-geographical, hydro-regime and other characteristics, water bodies are subdivided 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 - 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 shores. Surface water bodies are subdivided 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 delayed water exchange. These include lakes, reservoirs, swamps and ponds. Isolated water bodies (closed water bodies) are small in area and non-flowing artificial reservoirs that do not have a hydraulic connection with other surface water bodies. They refer to real estate and are an integral part of the land plot. Therefore, the provisions of water legislation apply to isolated water bodies to the extent that it does not contradict civil legislation.

In Russia, federal ownership of water bodies has been established. Municipal and private property is allowed only for isolated water bodies. Separate water bodies can be owned by municipalities, citizens and legal entities in accordance with civil legislation. 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 purposes of use, resource potential and ecological state water bodies. The right for short-term use of a water body is established for a period of up to three years, the right for 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 real estate objects. In turn, signs real estate 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 distinguishes 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 the intended use; 5) constant "consumption" and "processing" of raw materials and energy resources, water during operation and simultaneous "throwing" outside of waste, waste water. At the same time, it is noted that a strong connection with the land is a common systemic feature of immovable things.

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

Consequently, one of the characteristics of an enterprise is the commercial orientation of its use. Hence, the conclusion follows: if a hydraulic structure as an object of civil rights is not used for entrepreneurial activity, then such a property complex from the position 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.

An enterprise is not a thing or a complex thing; it is a collection of property. An 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, 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 an 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 as well.

For the characteristics of hydraulic structures, their type, year of construction start, year of commissioning, book value, percentage of depreciation, construction volume, are important. maximum height, length, maximum width at the base, the presence of landslide areas, tectonic and deformational disturbances in the base and coastal abutments, 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 the provisions (rules) on the HS passport, 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 operating modes of water bodies (regulation of water flow); b) power generation; v) heat generation; G) water supply; e) other activities. Accordingly, the type of production activity of the HW influences the formation of the legal regime of this or that 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. At first, hydraulic structures are real estate objects and are privately legal regime 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 HS are intended for the use of water resources. In addition, HS have their own 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 can be the object of sale and purchase, pledge, lease and other transactions related to the establishment, change and termination of property rights. In cases where a hydraulic structure is not an enterprise (since it does not pursue the goal of making a profit), it can be classified as a property complex that is not intended for entrepreneurial activity. Property Complex- this is independent view objects of civil rights. The concepts of "property complex" and "enterprise" are related as 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 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 know the term "technological complex". So, 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 on the procedure for conducting state registration rights to real estate objects - energy production and technological complexes of power plants and power grid complexes. V Methodical 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, suggesting their use for a general purpose and considered as one complex thing.

Technological complexes represent production systems with a network structure. In this regard, we agree with the opinion of O. A. Grigorieva, who proposes, in order to preserve their integrity, to consolidate in the civil legislation the legal regime of these property complexes as a complex thing and, accordingly, amend Article 134 of the Civil Code of the Russian Federation as follows: “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 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, drainage and water outlets, tunnels, canals, pumping stations, navigational locks, ship lifts, etc. 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 (bulkheads, temporary enclosing walls and dams, construction tunnels). In turn, permanent GEs are subdivided into major and minor ones. The main ones include structures, the repair or accident of which leads to a complete stop of the object's operation or significantly reduces the effect of its action. HS and their separate parts are secondary, the termination of work of which does not entail the onset of significant consequences. The main HWs include dams, dams, spillways, water intake structures, canals, tunnels, pipelines, etc. Examples of minor HWs are bank protection structures, repair gates.

10 See: V. S. Belykh. Enterprise as a property complex and a subject of entrepreneurial activity / / Legal status of subjects of entrepreneurial activity / ed. V.S.Belykh. Ekaterinburg, 2002.S. 147.

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

12 For more details see: V. S. Belykh. Enterprise as a property complex and a subject of entrepreneurial activity: Monograph. M., 2005.S. 288-296.

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

15 Grigorieva OA Legal regulation of natural monopolies. Abstract of thesis. dis. ... cand. jurid. sciences. Ekaterinburg, 2003.S. 7.

16 See: Hydraulic structures: Designer handbook / under total. ed. V.P. Nedrigi. M .: Stroyizdat, 1983.S. 11.

V.V. Abramov, Applicant for the Department of Business 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, drainage 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 the bottom of river channels; structures (dams), enclosing the storage of liquid waste of industrial and agricultural organizations; devices from erosion on canals, as well as other structures designed to use water resources and prevent harmful effects water and liquid waste. Some conclusions can be drawn from the above definition. At first, practically all hydraulic structures are connected to the ground and in this sense correspond to the characteristics of real estate. Secondly, they are associated with waters and aquatic biological resources, as well as with liquid waste. At the same time, most of them use water resources, and the other part is liquid waste from industrial and agricultural organizations. Thirdly, some of the hydraulic structures are intended for the exploitation of water resources as objects of nature (buildings of hydroelectric power plants, drainage, drainage and outlet structures, canals, etc.), others - to protect storages of liquid waste of industrial and agricultural organizations, the fourth are devices against erosion on canals. Finally, there are structures designed to use water resources and prevent the harmful effects of water and liquid waste. Each of the types of hydraulic structures has some peculiarities in its legal regime.

As you can see, in Law No. 117-FZ, the concept of "hydraulic structures" is mainly associated with the concept of "structure". The definition of the concept of "construction" is formulated in the All-Russian Classifier of Fixed Assets OK 013 - 94, approved by the Resolution of the State Standard of the Russian Federation of December 26, 1994 No. 359 2 ... According to the Classifier to subsection"Structures" are engineering and construction objects, the purpose of which is to create the conditions necessary for the implementation of the production process by performing certain technical functions not related to changing the subject 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, drainpipes and weirs with metal structures, slope attachments, motorways along the dam body, bridges, platforms, fences, etc. structures also include: finished functional devices for the transmission of energy and information, such as power lines, heating plants, pipelines for various purposes, radio relay lines, cable lines communications, specialized structures of communication systems, as well as a number of similar objects with all accompanying complexes of engineering structures.

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

In the legal literature, there are legal signs of the legal regime of buildings and structures. Thus, I. D. Kuzmina believes that in order to create a general 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 kind of real estate objects. A strong connection between the results of construction activities with a land plot is manifested in their capital nature, stationarity and perpetuity (constancy. In addition, the legal regime of buildings and structures differs from the legal regime of other objects of urban planning 3 ... In particular, the objects of construction activity (in our case, HS) during the construction process before putting them into operation in established order cannot be attributed to buildings and structures.

At the same time, the opinion is fair that the objects of unfinished construction according to their inherent characteristics (strong connection with the land plot, non-relocation) should be recognized as immovable things. Here is what VS Zhabreev writes about this: "Regardless of the degree of readiness, whether it is only the foundation or an already actually completed building that has not been handed over to the acceptance committee, such an object, even if it is in the process of construction work, 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 of Defense, Security and Other Special Purpose Lands”. 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. include security, sanitary protection and other zones with special conditions for land use. Land plots that are included in such zones are not withdrawn from land owners, land users, landowners and tenants of land plots, but a special regime for their use may be introduced within their boundaries, restricting or prohibiting those activities that are incompatible with the goals of establishing zones.

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 plants, facilities and facilities serving them, overhead power lines, substations, distribution points, other structures and energy facilities. To ensure the activities of organizations and the operation of energy facilities, protective zones of electrical networks can be established. The rules for determining the size of land plots for the placement of overhead power lines and supports of communication lines serving electrical networks are established by legal acts by the Government of the Russian Federation 5 .

Discussion is the question of the fate of the land plot and the property. According to I. D. Kuzmina, the legal registration of the fate of these two objects should be carried out within the framework of civil, not land legislation. 6 ... Meanwhile, according to paragraphs. 5 p. 1 of 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 connected 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 the transfer of ownership of a building and structure belonging to 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 acquirer of the building (structure). In this way, in our opinion, an 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 the concentration of water on the land surface in the forms of its relief or in the depths, having the boundaries, volume and features of the water regime. Depending on the physical-geographical, hydro-regime and other characteristics, water bodies are subdivided 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 - 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, seabed and shores. Surface water bodies are subdivided into: surface watercourses and reservoirs on them; surface water bodies; glaciers and snowfields.

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

so, hydraulic structures are real estate objects. 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 distinguishes 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 the intended use; 5) constant "consumption" and "processing" of raw materials and energy resources, water during operation and simultaneous "throwing" outside of waste, waste water 7 ... At the same time, it is noted that a strong connection with the land is a common systemic feature of immovable things. 8 .

An enterprise is not a thing or a complex thing; it is a collection of property 9 ... An 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 subject 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, as a rule, recognize the dual nature of an 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 as well.

To characterize hydraulic structures, their type, year of construction start, 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 deformational disturbances in the bases and onshore abutments, 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. At first, hydraulic structures are real estate objects and are subject to the private property regime. 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 HS are intended for the use of water resources. In addition, HS have their own 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 can be the object of sale and purchase, pledge, lease and other transactions related to the establishment, change and termination of property rights. In cases where a hydraulic structure is not an enterprise (since it does not pursue the goal of making a profit), it can be classified as a property complex that is not intended for entrepreneurial activity. Property Complex Is an independent type of objects of civil rights. The concepts of "property complex" and "enterprise" are related as 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 also applies to non-profit organizations with the only difference that the property complex is not used as a general rule for carrying out entrepreneurial activities. 13 .

Along with the term "property complex" modern legislation and practice know the term "technological complex". So, by a joint order of the Ministry of Justice, the Ministry of Economic Development, the Ministry of Property and the State Construction Committee of October 30, 2001 No. 289/422/224/243, Methodological Recommendations on the procedure for conducting state registration of rights to real estate objects - energy production and technological complexes of power plants and power grid complexes were approved 14 ... The Methodological Recommendations 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 with a network structure. In this regard, we agree with the opinion of O. A. Grigorieva, who proposes, in order to preserve their integrity, to consolidate in civil legislation the legal regime of these property complexes as a complex thing and accordingly amend Article 134 of the Civil Code of the Russian Federation as follows: “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) " 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, drainage and water outlets, tunnels, canals, pumping stations, navigational locks, ship lifts, etc. 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 (bulkheads, temporary enclosing walls and dams, construction tunnels). In turn, permanent GEs are subdivided into major and minor ones. The main ones include structures, the repair or accident of which leads to a complete stop of the object's operation or significantly reduces the effect of its action. HS and their separate parts are secondary, the termination of work of which does not entail the onset of significant consequences. The main HWs include dams, dams, spillways, water intake structures, canals, tunnels, pipelines, etc. Examples of minor HWs are bank protection structures, repair gates.

7.Conditional 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 beginning 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 land ownership, the guarantee of private property. In this regard, the President of the Russian Federation signed Decree No. 2287 dated December 24, 1993 "On Bringing Land Legislation in Accordance 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 regulatory legal acts.

In the future, the legal framework for the development of land relations was determined by Decrees of the President of the Russian Federation dated October 27, 1993 No. 1767 "On the regulation of land relations and the development of agrarian reform in Russia ", dated December 16, 2003 No. 2144" On federal natural resources", Dated March 7, 1996 № 337" On the implementation of the constitutional rights of citizens to land. " These normative legal acts consolidated all the essential ideas developed by the modern Land Code of the Russian Federation (this is giving land plots the status of real estate objects, and securing 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 mid-1990s contained numerous gaps.

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

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

normative acts establishing unified land-legal norms (Land, Town-planning, Civil codes of the Russian Federation);

regulations that implement and develop the idea of private ownership of land (federal laws "On the turnover of agricultural land", "On peasant (farm) economy", "On personal subsidiary plots", "On horticultural, horticultural and suburban non-profit associations of citizens") ;

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

regulations governing the economic and legal mechanism of land reform (Tax Code, by-laws on the cadastral valuation of land) and

normative acts regulating relations for the protection of lands (federal laws "On land reclamation", "On state regulation of ensuring the fertility of agricultural lands", "On specially protected natural areas"," On the territories of traditional nature management of the indigenous peoples of the North, Siberia and Of the Far East", Forest, Water Codes, 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 explainable 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 for the most part of a reference nature, there are contradictions between the norms of land and civil legislation, especially in terms of property rights to land plots. Legislation in this area is on the way of development and implementation optimal model legal regulation, capable of taking into account both private interests and the public nature of relations on the use and protection of lands. All this largely marked the onset of the next - the third stage of land reform 1 .

The onset of this stage can also be associated with the draft federal law No. 47538-6, adopted in the first reading on April 27, 2012, "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", which is aimed at regulating the mechanism of ownership and limited property rights to land plots and other natural objects. At the same time, the State Duma is considering a draft federal law No. 50654-6 "On amendments to the Land Code of the Russian Federation and certain legislative acts of the Russian Federation in terms of abolishing land categories and invalidating the Federal Law" On the transfer of land or land plots from one category to another. " These bills essentially characterize multidirectional trends further development land legislation, requiring a radical update of most of the land legal norms, while the bill No. 47538-6 in terms of land relations is based on the categorization of land.

In addition, the simultaneous conceptual change of civil, land and urban planning legislation in the absence of the practice of applying the changes introduced will negatively affect the country's investment climate. Currently, land and urban planning legislation needs unification, harmonization and elimination of 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 this 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 land fund.

Currently, legislative efforts should be focused on the development of a package of draft federal laws implementing the provisions of the draft federal law No. 47538-6 adopted in the first reading, the adoption of which will entail the emergence a large number collisions, at the time of elimination of which it is practically impossible to carry out the provision and use of land plots, forest fund plots, water bodies and subsoil plots. In addition, the problem arises of the correlation of titles proposed by the projected 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 utilities, engineering, electrical and other lines and networks, transport infrastructure facilities.

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

Remain topical issues optimizing the conditions for the provision of land plots for ownership or lease, including improving the bidding mechanism, creating an effective land management system, completing the process of registering land rights, increasing the efficiency of supervision (control) over the use and protection of land, improving the regulatory legal framework for land management , real estate cadastre and land monitoring, completion of the development of territorial planning documents, urban planning 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 stakeholders, including through the implementation of land inventory, consolidation

12.Topic 4. Legal forms land use

Water is the source of life. But despite the fact that from time immemorial settlers settled near rivers and lakes, they did not cease to fear the force of the stream. Floods, floods, river channel changes and other natural disasters can change the whole habitual life at one time. To "domesticate" water, it is necessary to build dams and other barrage structures. In this article we will tell you about hydraulic structures - what they are and what relates to such objects.

Why are hydraulic structures installed?

SP 58.13330.2012 and SNiP 33-01-2003 will help to answer this question - these are the main documents that regulate all design and construction works... In the "Terms" section of the set of rules, there is an indication of what water structures are. They may belong to different groups, depending on what they will help to fulfill one of the following goals:

Protection of water resources from negative impact people and their life.
Prevention of the influence of polluted water on environment.
Protection from coastal destruction.
Storage of liquid waste after production or agriculture.
For mooring ships and bathing the population.
Communication with production - water supply from the reservoir and discharge of used liquid.

There are many such goals. In fact, any structure that is partially or completely located on water resource natural or artificial deepening is considered a hydraulic structure. Most often, when, for example, river water is used in production, the complexes of measures and tasks do not converge on one, production. Also, the protective functions of hydraulic engineering are mandatory, which compensate for the damage caused to the reservoir.

Due to the abundance of structures that can be attributed to this category, it is difficult to give a clear classification of all buildings. We will highlight the main features, and then give examples of projects of hydraulic structures.

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Temporary and permanent hydraulic engineering

Among those hydraulic structures that operate around the clock, the main and secondary facilities are distinguished. The first includes all structures, the breakdown of which will entail the failure of large enterprises. It could be a water pipe tie, irrigation system, blocking of a navigable river without such dams, and so on.

The second type of buildings usually does not affect the production or other process, but only regulates it. However, due to a breakdown, there will not be a complete stop of work.

In addition to those listed, there are temporary waterworks. This is a technique that is installed for a certain period, for example, at the time of repair work at the main hydraulic structure.

Varieties of hydraulic structures depending on the interaction with the water resource

Most structures are a barrier that makes the level between the two streams different. The drop provides the head force, and the section between the two dams can be used as a reservoir. Consider a classification based on river management.

Water retaining

Such barriers are built contrary to the channel. They are designed to block the flow, thereby achieving an artificial level difference. This discrepancy between the volume of water and the normal flow leads to the appearance of a head. This mechanism is used by stations that use a hydraulic structure as an energy facility. The power of the pressure water is converted into energy.

Another function of the water retaining structure is to create artificial backwaters, reservoirs. Downstream and upstream are two points with a maximum difference in level. Such structures provide control over climate change that can disrupt the infrastructure of an entire city if flooding occurs. Therefore, such dams are considered the most dangerous in the event of improper design or construction, and further maintenance.

They are also the most necessary. Such an artificial barrier makes it possible to build houses along the river bed without fear of floods and other misfortunes.

Water intake

From the name it is already clear that the function of such constructions is to direct the flow. Not only to take cubic meters of water, but also to move them across certain territories, launching them into locks and diverting them from a certain channel. Such a system is used in shipping when a loaded vessel needs to be stranded or, on the contrary, taken out of the port.

Small intakes regulate and remove excess fluid from reservoirs and other artificial water systems. These are small valves that have holes in the drains below.

In addition, the main purpose of water intake hydraulic structures is to supply the necessary volumes of cool river moisture to factories and large enterprises. Cubic meters are required for cooling, filtration or other functions. A number of industries perform secondary filtration and remove the liquid back to the water utility. For other purposes, only consumption is required, for example, for irrigation. Irrigation of large agricultural land requires a large supply of water. At the same time, one more function is carried out - cleaning from ice, debris and other impurities. At such sampling points, larger or finer filtration is installed, which removes unnecessary elements.

Water intake can be carried out:

from the surface of a river or lake - this is easy in the design of a hydraulic structure, but it is often ineffective due to surface contamination, which requires more thorough cleaning;
from depth - the level of the fence goes much lower than the surface, this is more difficult in construction, but this removes the need to build protection against ice, and also ensures that moisture supply will be carried out even during dry periods when the water level drops dramatically;
from the bottom - this is the most stable and monumental option that will last a long time, but its peculiarity is in the power of the structure (resistance to the pressure of the water mass) and deep filtration from silt; and it also becomes more difficult to carry out renovation work and maintenance.

Large enterprises most often make a multilevel water intake. So pipes with pumps are installed at different distances, which gives a constant head.

There are also various system configurations according to the method of sampling:

Coastal. They are mounted on a steep, steep bank with the front wall extending to the ground. Large, massive reinforced concrete half rings make the cliff fit for use. From concrete wall pipes come out at a certain level, which are designed to pump out liquid.
Channel. These are also systems that are located on the banks of the river, but unlike the previous ones, they are less monumental and costly, do not require such large structures... They are located on gentle banks, and the head is carried out into the channel.
Floating. Such islets are found on barges. They are equipped with pumps, they pump water from the surface and send it through a pipeline to the shore.
Bucket. This design has a bucket, that is, a large tank for a large number of liters that goes up and down. At the same time, moisture pours out.

All of them can be combined with pumping equipment, water supply to them.

Regulatory or straightening constructions

They are intended for artificial interference in the direction of the flow of the river, that is, they change the course. The structures are called stream-guiding structures. They are erected in several stages - the banks, the width of the river are regulated, then, if necessary, the depth. This can be achieved by lining the bottom in a specific area. Restrictors and flow guides shape the flow and its speed within the already prepared framework. This maintains the optimal level of the fairway, the reservoir does not leave its place, and the nearest production can use the water resource.

The construction of water intake structures or dams that provide a directed flow of high power sometimes requires proper channeling. To do this, according to the previous scheme, the banks and the bottom are equipped.

Regulatory structures of two types are distinguished by power:

permanent - multi-tiered installations for full channel straightening, curvature and flow rate;
temporary - lighter devices that help the river find a better bend rather than change it.

The first ones consist of large dams, dams, dams, embankments. If necessary, they can also connect pumping station... Such A complex approach almost completely makes it possible to take control of the elements into human hands.

The latter are light embankments, coastal fortifications. Such measures rather protect against incorrect flow, slightly change direction.

Irrigation systems

Among the water intakes, there are irrigation structures separately. The calculation of a hydraulic structure for irrigating certain areas is done even for the period of the decision on the location of the reservoir, since for these purposes ponds are often artificially dug out, and dams are also made from the bed of the nearest river. If a hydraulic structure is located on a natural water resource, then two types are distinguished:

damless - when the optimal bend is selected for water drainage so that the flow does not muddy the liquid;
dam - a special dam is being built, which directs the channel and closes it, forming a head.

Culvert systems

These are structures that free closed reservoirs from excess rainfall. When there are too many of them, then the liquid flows over the crest of the linear structure. When a wider range of goals is achieved, automated processes can be established - opening and closing the spillway valve.

GTS for special purposes

Among them:

fishing;
hydropower;
shipping;
reclamation;
settling tanks for liquid waste.

General norms and basic provisions for the design and construction of hydraulic structures (GTS)

All requirements are presented in the documents:

SP 58.13330.2012;
SNiP 33-01-2003.

They provide security and technical regulation of buildings. The grounds are draft laws N 117-FZ "On the safety of hydraulic structures", N 184-FZ "On technical regulation" and N 384-FZ " Technical regulations on the safety of buildings and structures ”. Also, links are made to the rules and GOSTs for construction:

SP 14.13330.2011 “Construction in seismic regions”;
SNiP 2.01.07-85 "Loads and Impacts";
SNiP 2.05.03-84 "Bridges and pipes";
SNiP 2.06.07-87 "Retaining walls, shipping locks, fish passages and fish protection structures";
SNiP 2.06.15-85 "Engineering protection of territories from flooding and flooding";
GOST 19185-73 “Hydraulic engineering. Basic concepts. Terms and Definitions";
GOST 26775-97 "Dimensions of bridge spans of navigable bridges on inland waterways" and others.

The main provisions of the design of hydraulic structures

When drawing up a project, you need to consider:

town planning and engineering development scheme;
technical indicators of the structure, depending on the purpose;
results of design surveys: geological, environmental, seismic, hydrological, meteorological and others;
the possibility of carrying out certain methods of work, construction in certain conditions;
impact on the environment and population, the level of water pollution, etc.
exploitation intensity;
materials for construction - reinforced concrete, pipes, etc.;
the need to use pumping equipment, which means the supply of electricity.

Since the number of types of GTS is very large, it is impossible to single out typical project and give the conditions for its development. All design solutions will be applied depending on the tasks, goals and purposes.

- helps in laying the pipeline, allows you to take into account all intersections, wells and pipe sections in the drawing.

- automates survey work, including hydrological work vertical layout on the stage master plan... Helps to create diagrams and project documentation in accordance with the regulations.

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