Hydraulic structures as real estate objects. Hydraulic structures: what they are, general standards for design and calculation

Hydraulic structures (HTC) include pressure front structures and natural dams (dams, locks, dams, irrigation systems, dams, dams, canals, storm drains, etc.), 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.

A dam is an artificial water-retaining structure or a 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 with it.

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

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

The upstream of a dam is the part of the river above the retaining structure (dam, sluice).

Tailwater is the part of the river below the retaining structure.

An apron is a reinforced section of a river bed in the downstream of a spillway hydraulic structure that protects the bed from erosion and equalizes the flow speed.

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 State District Power Plant. A long-term natural reservoir is formed due to the blocking of rivers by a collapse of solid rocks (Tian Shan, Pamir mountains, etc.).

Short-term artificial dams are built to temporarily change the direction of the river bed during the construction of hydroelectric power stations or other hydraulic structures. They arise as a result of blocking the river with loose soil, snow or ice (jams, constipation).

As a rule, artificial and natural dams have drains: for artificial dams - directed, for natural - randomly formed (spontaneous). There are several classifications of hydraulic structures. Based on the location of the GTS, they are divided into:

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

Based on the nature and purpose of use, the following types of hydraulic structures are distinguished:

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

According to their functional purpose, hydraulic structures are classified as follows:

• water-retaining structures that create pressure or a difference in water levels in front of and behind the structure (dams, dikes);
• water supply structures (water conduits) used to transfer water to specified points (canals, tunnels, flumes, pipelines, sluices, aqueducts);
• regulatory (correction) structures designed to improve the conditions for the flow of watercourses and protect river beds and banks (shields, dams, half-dams, bank protection, ice guide structures);
• spillway structures used to pass excess water from reservoirs, canals, pressure basins, which allow partial or complete emptying of reservoirs.

Special hydraulic structures are included in a special group:

• GTS for the use of water energy - hydroelectric power station buildings and pressure pools;
• GTS for water transport - shipping locks, log chutes;
• reclamation hydraulic structures - main and distribution canals, gateways, regulators;
• fishery hydraulic structures - fish passages, fish ponds;
• complex hydraulic structures (waterworks) - hydraulic structures united by a common network of dams, canals, locks, power plants, etc.

Types of hydraulic structures are distinguished, first of all, by their functional purpose.

The following types are distinguished:

− water retaining structures;

− water discharge structures;

− drainage and water outlet structures;

− water supply structures;

− energy structures;

− shipping facilities;

− bank protection and shore protection structures, etc.

Water retaining structures create and maintain a level difference between the upper and lower pools (pressure).

Water discharge structures must provide:

− skipping high water flows and rain floods and other unused water flows in order to avoid exceeding the design water levels in the upper pool;

− passage of ice, slush, debris and other floating objects from the upper pool to the lower pool, if this is required by the operating conditions of the waterworks.

These functions of spillway structures can be performed both during the operation of the hydroelectric complex and during its construction. In the first case, spillway structures are called operational, in the second case - construction or structures for passing construction costs.

Drainage structures are necessary to release water from the reservoir, in particular, to maintain certain sanitary and environmental conditions in the downstream (the so-called sanitary water flows established by sanitary rules and regulations - SanPiN 3907-85).

Water supply structures are designed to transmit water over certain distances.

Energy structures are used to use water energy - these are the structures of hydraulic (HPP), nuclear (NPP), thermal (TPP) power plants, as well as the construction of pumping stations (PS).

Shipping facilities provide navigation and timber rafting.

Bank protection and bank strengthening structures are designed to protect or strengthen the banks of rivers, canals, and reservoirs from destruction by waves, water flow, and ice.

1.3. Hydraulic structures of cities

In urban areas the following are widely used:

– water retaining structures;

− water discharge structures;

− drainage and water outlet structures;

− water supply structures;

– reservoirs (ponds);

− bank protection and shore protection structures;

– structures to protect territories from landslide phenomena;

– structures to protect territories from flooding and flooding.

2. Water retaining structures

2.1. Types of water retaining structures

Dams are most widely used as water retaining structures. Depending on the purpose of the hydraulic system, retaining structures can be buildings of hydroelectric power stations and pumping stations, abutments, retaining walls, etc.

Dams are built from various materials: soil (stone), concrete and reinforced concrete, wood, synthetic materials. In accordance with SNiP 2.06.05-84* they are divided into types (Table 2.1).

Table 2.2

Typification of dams made of soil materials

Based on the design of the body and anti-seepage devices in the body and base, earthen embankment dams are divided (SNiP 2.06.05-84*) into main types (Fig. 2.3 and Table 2.3).

Table 2.3

Types of earth embankment dams

Rice. 2.3. Types of earth embankment dams:

1 – dam body; 2 – depression surface; 3 – drainage; 4 – fastening of slopes; 5 – top ground anti-filtration prism; 6 – diaphragm; 7 – top prism; 8 – bottom prism; 9 – transition layer; 10 – screen made of non-ground materials; 11 – soil core; 12 – central soil impervious prism; 13 – tongue or wall; 14 – dejected; 15 – injection (cementation) curtain (hanging); 16 – tooth; 17 – ground screen; h – dam height; b – width of the dam at the bottom; b um – width of the anti-filtration device at the bottom; b up – width of the dam along the crest; m h – coefficient of uphill slope; m t – downstream slope coefficient

Alluvial dams, depending on the soils of the dam body and construction methods, are divided (SNiP 2.06.05-84*) into main types (Fig. 2.4 and Table 2.4).

Table 2.4

Types of earthen alluvial dams

To organize the drainage of water filtered through the body and base of the dam, to prevent the filtration flow from reaching the lower slope, to reduce the depression surface, and for other purposes, drainages can be installed in the body of earthen dams (Fig. 2.7).

Rock-earth and rock-fill dams are divided into main types according to the design of the anti-seepage devices and the method of work (SNiP 2.06.05-84*) (Fig. 2.5 and 2.6, Table 2.5).

Rice. 2.4. Types of alluvial dams:

1 – fastening of the upper slope; 2 – drainage; 3 – alluvial core; 4 - alluvial intermediate zones; 5 – alluvial side zones; 6 – alluvial central weakly permeable zone; 7 – side bulk prisms (banquets); 8 – earthquake-resistant fastening of the slope; 9 – bulk clay core

Table 2.5

Types of stone dams

In addition to dams made of soil materials, concrete and reinforced concrete dams are sometimes used as water retaining structures for hydraulic structures on small rivers. Depending on the design and technological purpose, these dams are divided (SNiP 2.06.06-85) into main types (Table 2.6).

Table 2.6

Types of dams made of concrete (reinforced concrete)

Chapter 9 Hydrodynamic accidents

9.1. Hydraulic structures

Hydraulic structures and their classifications

TO hydraulic structures (TTC) include pressure front structures

And natural dams (dams, sluices, dams, irrigation systems, dams, dams, canals, storm drains, etc.), creating a difference in water levels before and after them, designed to use water resources, as well as to combat the harmful effects of water.

A dam is an artificial water-retaining structure or a 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 with it.

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

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

Upstream of the dam - part of the river above a retaining structure (dam, sluice). Downstream – part rivers below the retaining structure.

An apron is a reinforced section of a river bed in the downstream of a spillway hydraulic structure that protects the bed from erosion and equalizes the flow speed.

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 State District Power Plant. A long-term natural reservoir is formed due to the blocking of rivers by a collapse of solid rocks (Tian Shan, Pamir mountains, etc.).

Short-term artificial dams are built to temporarily change the direction of the river bed during the construction of hydroelectric power stations or other hydraulic structures. They arise as a result of blocking the river with loose soil, snow or ice (jams, constipation).

As a rule, artificial and natural dams have drains: for artificial dams - directed, for natural ones - randomly formed (spontaneous).

There are several classifications of hydraulic structures.

Based on their location, GTS are divided into:

on land (pond, river, lake, sea);

underground pipelines, tunnels.

By nature and purpose of use The following types of hydraulic structures are distinguished:

water and energy;

for water supply;

reclamation;

V. A. Makashev, S. V. Petrov. “Dangerous situations of a man-made nature and protection against them: a textbook”

sewer;

water transport;

decorative;

timber smelting;

sports;

fisheries.

By functional purpose GTS are classified as follows:

water retaining structures, creating pressure or difference in water levels in front of and behind the structure (dams, dikes);

water supply structures(water conduits) used to transfer water to specified points (canals, tunnels, flumes, pipelines, sluices, aqueducts);

regulatory (correction) structures,designed to improve the conditions for the flow of watercourses and protect river beds and banks (shields, dams, half-dams, bank protection, ice guide structures);

water discharge structures, serving to pass excess water from reservoirs, canals, pressure basins, which allow partial or complete emptying of reservoirs.

IN a special group is distinguished special hydraulic structures:

GTS for the use of water energy - hydroelectric power station buildings and pressure pools;

GTS for water transport - shipping locks, log chutes;

reclamation hydraulic structures - main and distribution canals, sluices, regulating

fishery hydraulic structures – fish passages, fish ponds;

complex hydraulic structures (waterworks) - hydraulic structures united by a common network of dams, canals, locks, power plants, etc.

Classes of hydraulic structures

Hydraulic structures of the pressure front, depending on the possible consequences of their destruction, are divided into classes: hydroelectric power plants with a capacity of 1.5 million kW or more belong to class I, and those with less power – to II–IV. Reclamation structures with an irrigation and drainage area of ​​over 300 thousand hectares belong to class I, and with an area of ​​50 thousand hectares or less - to II–IV.

The class of the main permanent structures of the pressure front also depends on their height and the type of foundation soil (Table 16).

Table 16

Classes of the main permanent hydraulic structures of the pressure front, depending on their height and type of foundation soil

V. A. Makashev, S. V. Petrov. “Dangerous situations of a man-made nature and protection against them: a textbook”

Water is the source of life. But despite the fact that from time immemorial settlers settled near rivers and lakes, they never ceased to fear the power of the stream. Floods, high waters, changes in the riverbed and other natural disasters can change your entire normal life at once. To “domesticate” water it is necessary to build dams and other barrier structures. In this article we will talk about hydraulic structures - what they are 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 rulebook there is an indication of what water structures are. They may belong to different groups, depending on which they will help fulfill one of the following goals:

• Protection of water resources from the negative impact of people and their livelihoods.
• Preventing the impact of polluted water on the environment.
• Protection from coastal destruction.
• Storage of liquid waste after production or agriculture.
• For mooring ships and bathing the population.
• Communication with production - supplying water from the reservoir and discharging 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 depth is considered a hydraulic structure. Most often, when, for example, river water is used in production, the sets of measures and tasks do not converge on one, production one. 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 classified into this category, it is difficult to give a clear classification of all buildings. We will highlight the main features and then provide examples of hydraulic structures projects.

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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 first category includes all structures, the failure of which will lead to disruption of the work of large enterprises. This could be connecting a water supply system, an irrigation system, blocking a navigable river without this kind of dam, and so on.

The second type of buildings usually does not affect production or other processes, but only regulate them. However, due to a breakdown, there will not be a complete stoppage of work.

In addition to those listed, there are temporary waterworks. This is equipment that is installed for a certain period, for example, during repair work on the main hydraulic structure.

Types of hydraulic structures depending on interaction with water resources

Most designs represent a barrier that makes the level between two water flows different. The difference provides pressure, and the area between the two dams can be used as a reservoir. Let's consider the classification based on the treatment of the river.

Water-retaining

Such barriers are built across the riverbed. 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 hydraulic structures as an energy facility. The force of the water in the pressure is converted into energy.

Another function of a water-retaining structure is to create artificial backwaters and reservoirs. The downstream and upstream are the two points with the maximum difference in levels. Such buildings provide control over climate change, which could 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 or further maintenance.

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

Water intake

From the name it is already clear that the function of such structures is to control the flow. Not only to take cubic meters of water, but also to move them across certain territories, releasing them into sluices and diverting them from a certain channel. This system is used in shipping when it is necessary to strand or, on the contrary, remove a loaded vessel from a 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 return the liquid to the water supply system. For other purposes, only flow is required, for example, for irrigation. Irrigation of large agricultural lands requires large supplies of water. At the same time, another function is performed - cleaning from ice, debris and other impurities. At such intake 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 to design a hydraulic structure, but is often ineffective due to surface contamination, which requires more thorough cleaning;
• from depth - the level of the fence runs significantly below the surface, this is more difficult to construct, but this eliminates the need to build protection against ice, and also ensures that moisture will be supplied even during dry periods, when the water level drops significantly;
• 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 repairs and maintenance.

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

There are also different system configurations according to the method of collection:

• Coastal. They are mounted on a steep, steep bank with the front wall brought to the ground. Large, massive reinforced concrete half-rings make the cliff suitable for use. Pipes emerge from the concrete wall at a certain level, which are designed to pump out liquid.
• Channel rivers. These are also systems that are located on the river bank, but unlike the previous ones, they are less monumental and costly and do not require such large structures. They are located on gentle banks, and the head is carried 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. In this design there is a bucket, that is, a large tank for a large number of liters, which is lowered and raised. At the same time, moisture overflows.

All of them can be combined with pumping equipment and water pipelines connected to them.

Regulatory or corrective structures

They are intended to artificially interfere with the direction of the river's flow, that is, they change the course. The structures are called jet guides. They are built in several stages - the banks, the width of the river are adjusted, and then, if necessary, the depth. This can be achieved by lining the bottom in a certain area. Restrictors and stream guides form the flow and its speed within already prepared frameworks. This way, the optimal level of the fairway is maintained, the reservoir does not leave its place, and nearby production can take advantage of the water resource.

To build water intake structures or dams that provide a directed flow of high power, it is sometimes necessary to properly draw the channel. To do this, the shores and bottom are developed according to the previous scheme.

Based on power, there are two types of regulatory structures:

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

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

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

Irrigation systems

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

• damless - when the optimal bend is selected to drain water so that the flow does not muddy the liquid;
• dam - a special dam is built that 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;
• reclamation;
• settling 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 01/33/2003.

They provide safety and technical regulation of buildings. The grounds are bills 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”. References are also made to the rules and GOSTs for construction:

• SP 14.13330.2011 “Construction in seismic areas”;
• 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 under bridges 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 and construction under certain conditions;
• impact on the environment and population, level of water pollution, etc.;
• intensity of operation;
• materials for construction - 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 standard project and give the conditions for its development. All design solutions 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.

Design easier and faster with multifunctional programs from ZVSOFT.

V. V. Abramov, applicant for the Department of Entrepreneurial 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, hydroelectric power station buildings, spillways, drainage and water outlet structures, tunnels, canals, pumping stations, shipping locks, ship lifts; structures designed to protect against floods and destruction of the banks of reservoirs, the banks and bottom of river beds; structures (dams) enclosing storage facilities for liquid waste from industrial and agricultural organizations; anti-scour devices on canals, as well as other structures designed to use water resources and prevent the harmful effects of water and liquid waste. From the above definition we can draw some conclusions. Firstly, almost all hydraulic structures are connected to the ground and in this sense 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, and the other part uses liquid waste from industrial and agricultural organizations. Third, some of the hydraulic structures are intended for the exploitation of water resources as objects of nature (buildings of hydroelectric power stations, drainage, drainage and water outlet structures, canals, etc.), others - to protect against floods and destruction of the banks of reservoirs, the banks and bottom of river beds, others - to protect storage facilities for liquid waste from 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 type 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 associated 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 Decree of the State Standard of the Russian Federation of December 26, 1994 No. 359 2 . According to the Classifier subsection“Structures” refer to engineering construction projects, 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 performing various non-production functions. Object, acting as a structure, is each individual structure with all the devices that form a single whole with it. For example, a dam includes a dam body, filters and drainages, sheet piles and grout curtains, spillways and spillways with metal structures, slope fastenings, roads along the dam body, bridges, platforms, fences, etc. structures also include: complete functional devices for transmitting energy and information, such as power lines, heating plants, pipelines for various purposes, radio relay lines, cable communication lines, specialized structures of communication systems, as well as a number of similar objects with all associated 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, legal features of the legal regime of buildings and structures are identified. Thus, Kuzmina I.D. believes that in order to create a general legal image of buildings and structures, a definition should be proposed that 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 type of real estate objects. A strong connection between the results of construction activities and the land plot is manifested in their capital nature, stationarity and perpetuity (permanence. In addition, the legal regime of buildings and structures differs from the legal regime of other objects of urban planning activity 3 . In particular, objects of construction activity (in our case - civil engineering) during the construction process before they are put into operation in the prescribed manner cannot be classified as buildings and structures.

At the same time, it is true that objects of unfinished construction, due to their inherent characteristics (strong connection with the land plot, immovability) 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 the 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 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, computer science, lands for space activities, defense lands, security lands and lands for other special purposes.” According to Art. 87 of the Land Code of the Russian Federation, these lands are used to support the activities of organizations and (or) the operation of industrial, energy, etc. facilities. These lands, in order to ensure the safety of the population and create the necessary conditions for the operation of industrial, energy, etc. facilities, may include security, sanitary protection and other zones with special conditions for land use. Land plots that are included in such zones are not confiscated from land plot owners, land users, landowners and tenants, but a special regime for their use may be introduced within their boundaries, limiting or prohibiting those types of activities that are incompatible with the purposes of establishing zones

Lands for industry and other special purposes occupied by facilities falling under the jurisdiction of the Russian Federation are federal property. Other lands may be owned by constituent entities of the Russian Federation and municipalities. From here you can draw 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, structures and facilities serving them, overhead power lines, substations, distribution points, and 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, 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 art. 1 of the Land Code of the Russian Federation, one of the principles of land legislation is the unity of fate of land plots and objects firmly associated with them. This principle is complemented 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 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, intersectoral (complex) regulation of these social relations is achieved.

Hydraulic structures are usually 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 depths, having boundaries, volume and features of the water regime. Depending on physical-geographical, hydroregime and other characteristics, water bodies are divided into: surface water bodies; internal sea waters; territorial sea of ​​the Russian Federation; underground water bodies. Hydraulic structures are mainly associated with surface water bodies. Surface water bodies are 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 shores. Surface water bodies are divided into: surface watercourses and reservoirs on them; surface waters; glaciers and snowfields.

Surface streams are surface water bodies whose waters are in a state of continuous movement. These include rivers and reservoirs on them, streams, channels for inter-basin redistribution and integrated use of water resources.

Surface reservoirs are surface water bodies whose waters are in a state of slow water exchange. These include lakes, reservoirs, swamps and ponds. Isolated water bodies (closed reservoirs) are small in area and stagnant artificial reservoirs 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 plot. Therefore, the provisions of water legislation apply to isolated water bodies to the extent that this does not contradict civil legislation.

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 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 environmental condition of the water bodies. The right to short-term use of a water body is established for a period of up to three years, the right to 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, 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. Thus, 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 intended use; 5) constant “consumption” and “processing” of raw materials and energy resources, water during operation and the simultaneous “throwing out” of waste and wastewater 7 . It is noted that a strong connection with the land is a general systemic feature of immovable things 8 .

As real estate objects, hydraulic structures act as enterprises if they fully comply with the characteristics of an enterprise enshrined in legislation. According to Art. 132 Civil Code of the Russian Federation enterprise The property complex used to carry out business activities is recognized as the 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. This leads to the conclusion: if a hydraulic structure as an object of civil rights is not used to carry out business activities, 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 to characterize an enterprise as an object of civil rights should not be considered as mandatory. But, as they say, the law (even imperfect) must be obeyed.

An enterprise is not a thing or a complex thing; this 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 with 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 the enterprise: as an object of law (property complex), and as a subject of entrepreneurial activity 12 . The term “enterprise” as a business entity applies only to unitary enterprises. This conclusion fully applies to hydraulic structures.

To characterize hydraulic structures, their type, year of commencement of construction, 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 deformation disturbances in the foundations and coastal areas are important. 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 advisable to provide in the Law on Hydraulic Structures provisions (rules) on the passport of hydraulic structures, in which the corresponding individualizing indicators of the hydraulic structure are subject to mandatory indication.

The types of production activities of hydraulic structures also have legal significance. Depending on the type of structure, these may be: A) regulation of operating modes of water bodies (regulation of water flow); b) electricity generation; V) thermal energy generation; G) water supply; d) other activities. Accordingly, the type of production activity of the hydraulic structure influences the formation of the legal regime of a particular hydraulic structure.

In addition to land plots and water bodies, hydraulic structures include buildings, structures, equipment, etc.

Thus, several directions are visible in the legal regime of hydraulic structures. Firstly, hydraulic structures are real estate objects and are subject to the private law regime of property. This concerns issues of the emergence and transfer of ownership, as well as its termination, the responsibilities of owners and organizations operating hydraulic structures. The private law regime of hydraulic structures also concerns their rental and compensation for damage caused as a result of violations of legislation on the safety of hydraulic structures. Secondly, hydraulic structures are real estate with a special legal regime, which is manifested in the fact that most hydraulic structures are intended for the use of water resources. In addition, GS have their own purpose. Third, 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 purchase and sale, pledge, lease and other transactions related to the establishment, modification 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 not intended for business activities. Property Complex- This is an independent type of objects of civil rights. The concepts of “property complex” and “enterprise” are correlated as a genus and a type. 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 business activities 13 .

Along with the term “property complex”, modern legislation and practice also know the term “technological complex”. Thus, by 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 state registration of rights to real estate objects - energy production and technological complexes of power plants and electric grid complexes were approved 14 . The Methodological Recommendations note that when carrying out state registration of rights to such a structure and transactions with it, it is recommended to take into account that its composition may include heterogeneous things that form a single whole, presupposing 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 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 in the following wording: “A complex thing is a complex of property united by a common production and economic purpose (pipelines, energy transmission lines, railways, ports, transport terminals and others)" 15 . However, the technological complex cannot, in our opinion, be confused 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 design, names dams, hydroelectric power station buildings, spillways, drainage and water outlet structures, tunnels, canals, pumping stations, shipping locks, ship lifts, etc. In the special literature, according to the conditions of use, hydraulic structures are divided into permanent and temporary 16 . Permanent structures are used during the operation of the facility for an unlimited time, temporary structures are used only during the period of its construction or repair (lintels, temporary enclosing walls and dams, construction tunnels). In turn, permanent HS are divided into major and minor. The main ones include structures, repairs or accidents of which lead to a complete stop in the operation of the facility or significantly reduce the effect of its operation. Secondary are the HS and their individual parts, the termination of which does not entail significant consequences. The main hydraulic structures include dams, dikes, spillways, water intake structures, canals, tunnels, pipelines, etc. Examples of minor hydraulic structures include bank protection structures and repair gates.

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 essential for the development of modern land legislation. But the formation of a modern model of land relations should be associated, first of all, with the adoption of constitutional norms on diversity and equal legal protection of all forms of land ownership, and 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 into conformity 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.

Subsequently, 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 of 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 is giving land plots the status of real estate, and establishing 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-90s contained numerous gaps.

Land legislation of the late 90s - 2000s marked the second stage of land reform, implementing 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 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 complex of special federal laws implemented by decrees of the Government of the Russian Federation and regulations of federal executive authorities.

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

regulations establishing unified land legal norms (Land, Town Planning, Civil Codes of the Russian Federation);

regulations implementing and developing the idea of ​​private ownership of land (federal laws “On the turnover of agricultural land”, “On peasant (farm) holdings”, “On personal subsidiary plots”, “On gardening, gardening and dacha non-profit associations of citizens”) ;

regulations governing organizational and managerial relations (federal laws “On the State Real Estate Cadastre”, “On Land Management”, “On the Transfer of Lands and Land Plots from One Category to Another”);

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

regulatory acts regulating relations for land protection (federal laws “On land reclamation”, “On state regulation of ensuring the fertility of agricultural lands”, “On specially protected natural areas”, “On territories of traditional environmental management of indigenous peoples of the North, Siberia and the Far East” ", Forestry, Water Codes, Law of the Russian Federation "On Subsoil").

At this stage of 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 mostly of a reference nature; there are contradictions between the norms of land and civil legislation, especially in relation to property rights to land plots. Legislation in this area is on the way to developing and implementing an optimal model of legal regulation that can take into account both private interests and the public nature of relations regarding the use and protection of land. All this largely marked the onset of the next - 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 real rights to land plots and other natural objects. At the same time, the State Duma is considering draft federal law No. 50654-6 “On amendments to the Land Code of the Russian Federation and certain legislative acts of the Russian Federation regarding the abolition of categories of land and the recognition of the Federal Law “On the transfer of lands or land plots from one category to another." These bills essentially characterize multidirectional trends in the further development of land legislation, requiring a radical update of most land legal norms, despite the fact that bill No. 47538-6 in terms of land relations is based on the categorization of land.

In addition, a simultaneous conceptual change in civil, land and urban planning legislation in the absence of practice in applying the changes made will have a negative impact on the country’s investment climate. Currently, land and urban planning legislation needs to be unified, harmonized and eliminated 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 developing a package of draft federal laws that implement the provisions of draft federal law No. 47538-6, adopted in the first reading, the adoption of which will entail the emergence of a large number of conflicts, during the elimination of which it is practically impossible to provide and use land plots, forest areas, water bodies and subsoil areas. In addition, the problem of the relationship between the titles proposed by the draft Chapter 19.2 of the Civil Code and the current land legislation arises. In this regard, it is necessary to pay attention to the introduction of the possibility of establishing public easements for the construction and reconstruction of utility, engineering, electrical and other lines and networks, and transport infrastructure facilities.

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

The issues of optimizing the conditions for providing land plots for ownership or lease remain relevant, including improving the bidding mechanism, creating an effective land management system, completing the process of registering rights to land plots, increasing the efficiency of supervision (control) over the use and protection of land, improving regulatory legal framework for land management, real estate cadastre and land monitoring, completion of the development of territorial planning documents, urban zoning and other urban planning documentation in accordance with the requirements of the latest legislation, significant improvement of information support for authorities and interested parties, including through land inventory, consolidation

12.Topic 4. Legal forms of land use