Underground hydraulic structures. On the classification of hydraulic structures

Usage water resources has always been one of the basic conditions for maintaining human life. The need for them is determined not only by drinking needs, but also by economic, and nowadays more and more often by industrial tasks. The regulation of the use of water sources is provided by hydraulic structures, which have different forms and functional content.

General information about hydraulic engineering

AT general sense A hydrotechnical object can be represented as any functional structure or structure that interacts with water in one way or another. These can be not only man-made engineering systems, but also natural regulators, originally created by nature, but later exploited by people. What tasks do modern facilities perform? hydraulic structures? The main ones can be represented as follows:

• Structures intended for the use of water resources. As a rule, these are objects with water supply communications and equipment.
• Water protection facilities. Complexes, in the infrastructure of which several tasks can be performed. The most common for such objects are restrictions on the use and impact on the hydrological environment in order to prevent harmful effects on it.
• Industrial buildings. Engineering systems in which water circulation can be used as an energy source.

Of course, this is only a part of the functions that hydraulic engineering performs. It rarely happens when one or two tasks are assigned to such structures. Typically, large complexes support several workflows at once, including environmental, protective, regulatory, etc.

Main and secondary structures of hydraulic engineering

To begin with, it is worth determining the basic classification in which there are permanent species hydraulic structures, and temporary. According to the regulations, the first group includes the main and secondary objects. With regard to the main structures, they are understood as technical infrastructure, the destruction or damage of which can lead to the cessation of the normal functioning of the economy serviced by hydro resources. This may be a shutdown of the water supply of the irrigation system, the cessation of power plants, a reduction in shipping, etc. It is important to consider that the energy of hydrological turbines can serve entire enterprises (marine, ship repair, heating). Accordingly, stopping the water supply will disrupt the performance of such facilities.

The category of secondary structures includes hydraulic engineering, the destruction or damage of which will not entail the above consequences. For example, if the main hydraulic structures supply enterprises with production resources, then the secondary ones can participate in the regulation of this process without significantly affecting the result.

It is also worth mentioning the features of temporary structures that are used during periods of repair activities. If a depressurization occurred at the same main water supply facility, for example, then the maintenance team with the designer will have to create specifications to fix the problem. The solution to this problem can be the organization of the work of a temporary hydroelectric complex.

Classification by the way of interaction with the resource

The same task can be performed different ways. As already noted, one complex is able to support several functional processes, but it is the conditions of interaction with a reservoir or drain that fundamentally differ and, accordingly, the nature of the performance of a particular function. According to these features, the following structures are distinguished:

• Water-retaining. Designed for blocking a watercourse, fencing a reservoir or a pond due to the adoption of water pressure. When assessing the watercourse, the level is noted above the water station (upstream), and below - downstream. The difference between these levels is called the pressure on the hydrological structure.
• Multifunctional ameliorative stations. These can be outlets, locks, dams and water separators. Within this group, a classification of hydraulic structures is also provided, according to which interface and blocking complexes are distinguished.
• Plumbing. Usually a network infrastructure formed by channels, tunnels, pipelines, water trays. Their task is simple - the delivery of a resource from the collection point to the reservoir or the final place of water use.
• Water intake. They collect a resource from the same drives for transportation to consumers.
• Spillway. Unlike intake structures, such stations only remove excess water. These objects include deep spillways, drain channels, water outlets, etc.
• Regulatory. They control the interaction of the flow with the channel, preventing the exit of water beyond the fence, erosion and sedimentation.

Dangerous hydraulic facilities

This group of structures may include representatives of all hydraulic facilities, regardless of purpose. A dangerous station can be due to a high risk of an accident, an ownerless state, being in a risk zone due to the influence of external factors, etc. Lists with dangerous objects are formed by specialists from the Ministry of Emergency Situations and employees of Rosprirodnadzor. For each region, a comprehensive audit is carried out with the identification of objects that pose a threat. Dangerous hydraulic structures are recognized after the following procedures have been performed:

• The morphometric characteristics of the object are identified and specified.
• The technical condition of the structure and the degree of its safety are determined.
• The potential amount of damage that may occur in the event of an accident (for example, after the destruction of the dam body) is determined.
• Zoning of the area around the object is being carried out with an area that will depend on the degree of risk and threat from a particular structure.

After the object is recognized as dangerous, its observation is organized, and a schedule is drawn up for maintenance, technical repair and restoration work aimed at eliminating or minimizing the threat.

General and special hydraulic facilities

General facilities are understood as the majority of hydraulic engineering facilities related to regulatory, water supply, water intake and spillway stations. They are united by a single principle of performing their functions, which technologically can be imposed on different conditions operation.

In turn, special hydraulic engineering objects are designed for use in narrow areas where it is necessary to take into account the specifics of the equipment application. This applies to design nuances, construction requirements, as well as direct operation of hydraulic structures. Examples of such objects are well demonstrated by the infrastructure of water transport:

• Shipping locks.
• Facilities for the maintenance of marine equipment.
• Ships and moorings.
• Lesospuski.
• Ship lifts.
• Ellings.
• Docks.
• Wave breakers, etc.

In the fish industry, fish ponds, fish elevators and fish passes are used. In the social and entertainment infrastructure, these can be water parks with swimming pools and aquariums. In each case, service activities will have their own specifics, which are taken into account even at the stage of project development. However, technical task for the construction of hydraulic engineering should be considered separately.

Design of hydraulic facilities

The design documentation includes technical calculations of structures, characteristics of the equipment used, as well as the results of field observations of the operating conditions of the future structure for the timely detection of adverse processes and the appearance of possible defects. The environment must be comprehensively and comprehensively assessed in order to foresee and possibly prevent the threat of accidents from the outset.

In particular, the project for a hydraulic structure includes the following data:

• List of diagnostic and manageable indicators of the object and its bases, including security criteria.
• List of controlled actions and loads on structures from the environment.
• Composition of visual and instrumental observations.
• Results and operating conditions of control and measuring equipment.
• Technical and structural solutions and a block diagram of the state of the elements of the object, as well as information with predicting the behavior of the structure when interacting with man-made and natural factors.

Special attention is paid to safety criteria, on the basis of which decisions are also made on the use of equipment with certain characteristics. In addition, the main types of hydraulic structures for permanent operation are supplemented by emergency action projects. This documentation, in particular, describes measures aimed at preventing emergencies.

Security requirements

From the moment of design development and throughout the entire period of operation, the safety of a hydraulic facility is ensured on the basis of the requirements of the relevant declaration. This is the main document that indicates the risks, threats and operational nuances that must be considered by the maintenance personnel. The main requirements for the safety of hydraulic structures include the following:

• Maintaining an acceptable degree of risk of accidents.
• Regular diagnostics of structures and equipment with subsequent adjustments to the safety declaration.
• Ensuring the continuity of operation of the facility.
• Maintenance of measures for the organization of means of protection and technical control of structures.
• Monitoring of potential threats to the object.

Construction of hydraulic structures

The means of production are determined first. construction works. The question of the degree of mechanization of the process is fundamental, since in most cases the implementation of hydrotechnical station projects is carried out with the support of special equipment. At the very first stages of construction, earthworks are carried out with bulldozers, dump trucks, loaders and excavators, which allow you to quickly equip trenches, pits, wells and simply clear the work site.

In some cases, soil compaction is performed. For example, when creating reservoirs with a soil bowl. Similar operations are carried out in layers on the cleared soil with the help of special rollers. On smaller sites, diesel or petrol rammers can be used. However, experts still recommend abandoning hand tools in favor of mechanics. The recommendation is connected not so much with the acceleration of the pace of the workflow, but with the quality of the result. And this is especially true for the construction of hydraulic structures at the main stage of the construction of the structure. Concrete work requires high-quality reinforcement with strapping, the use of instructional materials and the addition of water-resistant plasticizers.

At the final stage, the engineering arrangement of the structure is carried out. Functional units, technical devices are installed and communications are laid. If we are talking about an autonomous station, then non-volatile generators are used, which will also require appropriate containment conditions in the infrastructure of the complex.

Operation of hydraulic engineering

The main activity of the service personnel is related to maintaining the optimal level of the technical condition of the facility, as well as monitoring its main functions. As for the first operational part, it comes down to the tasks of updating Supplies, diagnostics of equipment, communications, etc. In particular, operators check the technical condition of power supply networks, units and the integrity of construction materials. In case of detection of serious malfunctions or damages, the rules for the operation of hydraulic structures require the preparation of a separate project for repair and restoration measures, taking into account the available material reserves.

The second part of operational tasks focuses on control functions. Using automation, communications and telemechanics, another team of operators regulates the operation of the structure and its functional units, relying on control operations in accordance with regulatory parameters with permissible loads.

Reconstruction of hydraulic structures

The processes of obsolescence of structures and increasing requirements for the functional and power potential of the object inevitably lead to the need for modernization. As a rule, the main working modules and units are subject to reconstruction without stopping their work. However, this will depend on the nature of the planned changes. In each case, a survey of hydraulic structures is carried out for the possibility of reconstruction. The ultimate goals may be to increase the reliability of the foundation of the facility, increase the throughput, increase the capacity of pumping equipment, etc. After that, specific operations are implemented related to changes in the technical and operational properties of the structure. The objectives are achieved by strengthening the soil, replacing building materials and adding new ones. structural elements.

Hydraulic engineering and environmental protection

Even at the design stage, together with the safety declaration, a report is drawn up on the measures that, during operation, will have to lead to an improvement in the environmental situation. Initially, the situation is assessed under natural conditions. natural environment, and in the future, the developers make a comprehensive adjustment to maintain the protection of natural objects after the implementation of the project. In particular, biotechnical measures are being developed aimed at protecting the population from accidents at hydraulic structures and creating conditions for neutralizing negative operational factors.

Particular attention is paid to the impact of building structures and equipment on hydrological resources. For example, in reservoirs, special beds are prepared for the storage or disposal of liquid waste. Each facility also contains technical means to eliminate sources of chemical hazardous or simply dirty substances. For continuous monitoring of the environmental background, the infrastructure of hydraulic structures is being supplemented measuring instruments, which fix the biological and chemical indicators of the water and air environments. The main characteristics of this kind include color, oxygen saturation, concentration of certain elements, sanitary indicators, etc.

Conclusion

The high responsibility of hydrological facilities is determined by the breadth of their areas of application and the significance of the tasks they solve. As a rule, hydraulic structures act only as a link in the working chain of large production and economic cycles. But the ultimate goals that are achieved with the support of such objects can be extremely important. For example, energy, land reclamation, transport, water supply are just some of the areas in which water resources are used.

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 be afraid of the power of the stream. Floods, high waters, channel changes and other natural calamities can change the whole habitual life at once. To “domesticate” water, it is necessary to build dams and other barrage structures. In this article we will talk about hydraulic structures - what it is and what applies to such objects.

Why are hydraulic structures installed?

SP 58.13330.2012 and SNiP 33-01-2003 will help answer this question - these are the main documents that regulate all design and construction work. 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 which they will help to fulfill one of the following goals:

• Protection of water resources from negative impact people and their livelihoods.
• Preventing the impact of polluted waters on environment.
• Coastal damage protection.
• Storage of liquid waste from production or agriculture.
• For mooring ships and bathing the population.
• Communication with production - water supply from a reservoir and discharge of used liquid.

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

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Temporary and permanent hydraulic engineering

Among those hydraulic structures that operate around the clock, there are primary and secondary facilities. The former include all structures, the failure of which will lead to the failure of large enterprises. It could be a plumbing tie, irrigation system, blocking a navigable river without such dams, and so on.

The second class of buildings usually does not affect production or any other process, but only regulates it. However, due to a breakdown, work will not completely stop.

In addition to those listed, there are temporary hydroelectric facilities. This is a technique that is installed for a certain period, for example, for the period of repair work on 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 two water streams different. The drop provides the force of pressure, and the area between the two dams can be used as a reservoir. Consider the classification according to the treatment of the river.

Water retaining

Such barriers are built against 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 pressure. This mechanism is used by stations that use a hydraulic structure as an energy facility. The force of water in pressure is converted into energy.

Another function of the water-retaining structure is to create artificial backwaters, reservoirs. The lower and upper pools are the two points with the maximum difference in levels. Such buildings provide control over climate change, which can disrupt the infrastructure of an entire city if flooding occurs. Therefore, such dams are considered the most dangerous in case of improper design or construction, further maintenance.

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

Water intake

From the name it is already clear that the function of such structures is to manage 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 ship needs to be stranded or, on the contrary, removed from the port.

Small water 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 needed for cooling, filtration or other functions. A number of industries perform secondary filtration and remove the liquid back to the water canal. For other purposes, only flow is required, for example, for irrigation. Irrigation of large agricultural lands requires large water supplies. At the same time, another function is carried out - cleaning from ice, debris and other impurities. Larger or finer filtration is installed at such intake points, 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 often inefficient due to surface contamination, which requires more thorough cleaning;
• from depth - the level of the fence goes well below the surface, it is more difficult in construction, but this eliminates 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 sharply;
• 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 repair work and maintenance.

Large enterprises most often make multi-level water intake. So pipes with pumps are installed at different distances, which gives a constant pressure.

According to the method of sampling, there are also various system configurations:

• Coastal. They are mounted on a steep, steep bank with the removal of the front wall to the ground. Large, massive reinforced concrete half-rings make the cliff suitable for exploitation. From concrete wall pipes exit 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 gently sloping banks, and the tip is carried out into the channel.
• Floating. Such islands are located on barges. Pumps are mounted on them, 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, which lowers and rises. This wicks away moisture.

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

Regulatory or straightening structures

They are intended for artificial intervention in the direction of the flow of the river, that is, they change the course. Buildings are called jet guides. They are built 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 certain area. Restrictors and jet guides form the flow and its speed in the already prepared framework. Thus, the optimal level of the fairway is maintained, the reservoir does not leave its place, and the nearest production can use the water resource.

For the construction of water intake structures or dams that provide a directional flow of high power, it is sometimes necessary to properly lay the channel. To do this, according to the previous scheme, the banks and the bottom are equipped.

By power, there are two types of regulatory structures:

• permanent - multi-tier installations for the complete straightening of the channel, curvature and flow rate;
• temporary - lighter devices that help the river find a more optimal bend rather than change it.

The former consist of large dams, dams, dams, ramparts. If necessary, they can also connect a pumping station. Such an integrated approach almost completely makes it possible to take control over the elements into human hands.

The second ones are light embankments, bank fortifications. Such measures rather protect against the wrong flow, slightly change the direction.

Irrigation systems

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

• damless - when an optimal bend is chosen to drain water so that the current does not muddy the liquid;
• damming - a special dam is being built, which directs the channel and blocks it, forming a pressure.

Culvert systems

These are structures that free closed reservoirs from excess rainfall. When there are too many of them, 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;
• ameliorative;
• sedimentation tanks for liquid waste.

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

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 the bills N 117-FZ "On the safety of hydraulic structures", N 184-FZ "On technical regulation" and N 384-FZ " Technical regulation on the safety of buildings and structures. Also, references 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 passage 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 "Underbridge dimensions of navigable spans of bridges on inland waterways" and others.

Basic provisions for the design of hydraulic structures

When drawing up a project, you need to consider:

• urban 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.;
• intensity of exploitation;
• building materials - reinforced concrete, pipes, etc.;
• the need to use pumping equipment, which means supplying electricity.

Since the number of varieties of hydraulic structures is very large, it is impossible to single out a typical project and give the conditions for its development. All design decisions will be applied depending on the tasks, goals and purpose.

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

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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 federal law dated July 21, 1997 No. 117-FZ "On the safety of hydraulic structures" 1 . Hydraulic structures- these are dams, buildings of hydroelectric power plants, spillways, spillways 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. First of all, 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 intended for the exploitation of water resources as objects of nature (buildings of hydroelectric power stations, catchment, drainage and 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 concept of "structure" is formulated in the All-Russian Classifier of 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 includes: finished 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 associated 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. Strong connection of the results of construction activities with land plot manifests itself in their capital, stationarity and indefiniteness (permanence. In addition, legal regime 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 performing 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 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 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 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 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 integral part land plot. 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 ecological state water objects. 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 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 outside 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 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; 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.

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. First of all, 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 the 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 activity. 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 the concept of a property complex should not be limited to property commercial organizations. This concept applies to non-profit organizations with the only difference that the property complex is not used for general rule for business 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 . 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 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 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, water outlets and water outlets, tunnels, canals, pumping stations, shipping locks, ship lifts, etc. In the special literature on the conditions for using HS, they 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 individual parts, the termination of which does not entail the onset of significant consequences. The main HWs include dams, dams, spillways, water intake facilities, 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.

In the future, the legal basis for the development of land relations was 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 agrarian reform in Russia”, dated December 16, 2003 No. 2144 “On federal natural resources”, dated March 7, 1996 No. 337 “On the implementation of the constitutional rights of citizens to land”. These regulatory legal acts consolidated all the essential 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 1990s - 2000s marked the second stage of land reform, realizing the trend of increasing the normative significance of the legal regulation of land relations, which was expressed in the strengthening of 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. This is:

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 circulation 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 of Ensuring the Fertility of Agricultural Lands”, “On Specially Protected natural areas”, “On the territories of traditional nature management of indigenous peoples of the 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 reference nature, there are contradictions between the norms of land and civil legislation, especially in terms of real rights to land plots. 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 .

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 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 bills essentially characterize multidirectional trends further development 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 based 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, during the 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 an effective management system land resources completion of the process of registering rights to land plots, improving 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 information support for authorities and stakeholders, including through the implementation of land inventory, consolidation

12.Topic 4. Legal forms of land use

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 divided into the following classes:

I class - hydraulic structures of extremely high danger;

Class II - high-risk hydraulic structures;

III class - hydraulic structures of medium danger;

Class IV - hydraulic structures of low danger.

2. 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.

Criteria for the classification of hydraulic structures
(approved by Decree of the Government of the Russian Federation of November 2, 2013 No. 986)

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

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

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

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

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

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

2. The class of hydraulic structures indicated 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 in position 6, is reduced by one if the water supply to the main water consumer during the period of liquidation of the consequences of an accident on the canal can be provided at the expense of the regulating 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 indicated in positions 13 and 14 is increased by one, depending on the complexity of ships under construction or repair.

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

7. The class of hydraulic structures specified in position 17 is increased by one in the event that damage to bank-protecting hydraulic structures can lead to emergencies of a federal, interregional and regional nature.

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

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

Document overview

Criteria for the classification of hydraulic structures have been established.

4 classes of their danger are allocated: I class - constructions of extremely high danger; II class - high danger; III class - medium danger; Class IV - hydraulic structures of low danger.

The classification is made depending on the height of hydraulic structures and the type of soil of their bases, the purpose and operating conditions, the maximum pressure on the water-retaining structures and the consequences of possible hydrodynamic accidents.

If a hydraulic structure can be attributed to different classes, it is assigned the highest of them.

Note that taking into account the class, measures are determined to ensure the safety of a hydraulic structure.

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.

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; 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.

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 may 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 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 in the process of operation and simultaneous "ejection" of waste, wastewater outside. 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 a property complex used for entrepreneurial activity is recognized as an object of rights. 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, 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.

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. First of all, 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 the 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 activity. Property Complex- This 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.

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. 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. Grigorieva, 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.). 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 water outlets, tunnels, canals, pumping stations, shipping locks, ship lifts, etc. In the special literature on the conditions for using HS, they 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 individual parts, the termination of which does not entail the onset of significant consequences. The main HWs include dams, dams, spillways, water intake facilities, 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 details, 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.