The structure of the bowels of the Earth to this day remains not fully understood, and is a mystery to scientists because of their inaccessibility. Even before our era, people tried to portray.

Religious ideas about the bowels of the Earth

The idea of ​​hell and heaven is by no means a monopoly of the Christian religion. In the beliefs of the ancient Greeks, Romans, Semitic peoples, the soul of a person after his death descends into some bleak places, where he drags out a mournful existence. Christian religion only developed and detailed these already existing ideas about the bowels of the earth. With the greatest completeness, they found their expression in the famous "Divine Comedy" by Dante. As you know, the great poet placed a receptacle for the eternal torment of sinners precisely in the bowels of the Earth. And this is not at all surprising: to the creators of the first mythologies, the underworld seemed as inaccessible as the heavenly one, distant from us by a crystal vault. And they, of course, could not even imagine that the crystal vault would be shattered to smithereens by the efforts of the thought of the sages of the Renaissance, and in our time penetrated by radar beams and spacecraft routes. Well, what happened during this time with the "underground kingdom", with the refuge of the "spirit of darkness" - the anti-god? What does modern science know and what does it not know about?

What is known about the structure of the interior of the Earth

We imagine now the structure of the bowels of the earth incomparably worse than ours. But, we are well aware of the extent of our ignorance, people have explored the surface of the planet in sufficient detail, climbed the highest, measured the deepest depressions on the ocean floor. But the record of the drilled wells has a depth not exceeding 12 thousand meters (on the Kola Peninsula). And the man himself descended into the mines to a depth of 4 thousand meters. Mount Chomolungma, Himalayas. It must also be said that a person “deepens” into the bowels of the Earth extremely slowly: less than a kilometer per decade, and this is in our twenty-first century, which is making a technical revolution! And, apparently, a big revolution in this matter is not to be expected in the near future. It is unlikely that anyone today will take the liberty of predicting in what century the borehole will reach the center the globe, for , even if we assume that it is fundamentally possible to drill such a well.

Seismic vibrations for studying the interior of the Earth

Russian scientist B. B. Golitsyn back in the first decade of the 20th century, he discovered to people new way to the study of the earth's interior. He suggested using seismic vibrations that occur during earthquakes. Wherever an earthquake occurs, it generates elastic vibrations. Russian scientist B. B. Golitsyn: opened a new path to the study of the earth's interior - the use of seismic vibrations that occur during earthquakes. Having passed through the thickness of the Earth, more than once reflected and refracted during transitions from one terrestrial rocks, (more:), to others, in a greatly weakened form, they again come to the surface. Here they are detected by sensitive devices - seismographs and recorded on paper tape. Analyzing these records, specialists can not only determine exactly where, in which place on the globe an earthquake occurred, but also answer the question of which layers the vibrations passed through before they were recorded by a seismograph.

Types of seismic vibrations in the bowels of the earth

seismic vibrations there are two species:

1. longitudinal,
2. transverse.

An example of longitudinal oscillations can be represented as follows. If you take several checkers and put them on the board, leaning one against the other, and then hit the last checker sharply so that the blow goes through the entire row, then the last checker will bounce a long distance, as if the blow was struck precisely on it. The essence of the matter is that the elastic wave that arose as a result of the impact, like a successive wave of compression and expansion of the substance, passed through the entire row of checkers. Such waves, like sound waves, are called longitudinal waves. ABOUT shear waves give an idea of ​​the vibrations of a student's ruler, one end of which is pressed against the table by a stack of books. In any earthquake, vibrations of both types occur. They have different propagation speeds in different rocks Ah, they are refracted and reflected in different ways during transitions from one rock to another. So, for example, longitudinal vibrations can propagate in solid, liquid, and gaseous media. And transverse vibrations - only in a solid medium. Neither liquids nor gases pass transverse vibrations. The creator of the method of seismic sounding of the earth's crust B. B. Golitsyn wrote:

Any earthquake can be likened to a lantern that lights up for a short time and illuminates the interior of the Earth for us, thereby helping us to see what is happening there.

Perhaps it is appropriate to note right away that neither Golitsyn nor other scientists could see any signs of hell, "gehenna fiery" and other afterlife concentration camps for lost sinful souls there.

First of all, with the help of seismographs, it was possible to establish concentric structure of the interior of the globe. The uppermost zone, on which the seas, oceans, mountains lie and life develops, is called the earth's crust. This is the thinnest of the earth's zones - its thickness on the continents is only 30-60 kilometers. Under the ocean floor, the thickness of the earth's crust is even less: it is only 5-10 kilometers here.
The earth's crust is the thinnest of the earth's zones. The term "earth's crust" has remained in science since those times when it was believed that our entire planet under a solid surface consists of molten rocks, from that fiery solar substance that served as the material for the formation of all celestial bodies our planetary system. And although today the hypothesis of the origin of the Earth from a fiery melt has been forever abandoned, the name has been preserved.

Sedimentary rocks

The earth's crust is conditionally divided by specialists into several layers. topmost - sedimentary rocks. This clay, sandstone, limestone, the origin of which we know from school textbooks. Most of the European part has a thickness of sedimentary rocks of about 3 kilometers. On the Kola Peninsula they are much thinner, and on the Absheron Peninsula they are much thicker. Sedimentary rocks are very important for human culture: they contain deposits of many minerals.
Sedimentary rocks on the Kola Peninsula.

granite layer

Beneath the layer of sedimentary rocks lies granite layer. Granites, (more:), have long been considered purely igneous rocks formed during the solidification of magma. But in recent decades, finds in granite rocks of petrified remains of plant organisms have become more frequent. It is obvious to everyone: in molten lava there can be neither sea shells nor plant seeds. This means that at least not all granites were formed from molten lava. Indeed, special experiments have shown that granite rocks can be obtained by applying very high pressures without additional temperature effects.

Basalt layer

Under the granite layer on the continents goes basalt layer. Distinguishes them from granites chemical composition: granites contain a lot of silicic acid and are called acid, basalts contain much less acid and therefore are called basic.
Basalt layer: the content of silicic acid is less than that of the granite layer. The section between granites and basalts is named after the German scientist Conrad, and the lower surface of the earth's crust, on which basalts end and the next zone begins - mantle, - the name of the Yugoslav scientist Mohorovichich. After passing the "Moho layer", seismic waves immediately increase their propagation speed by 1-2 kilometers per second.

Mantle

Mantle- the most powerful of the earth's zones. It extends to a depth of 2900 kilometers, it includes about 70 percent of the entire mass of the globe. In the mantle, the speed of seismic waves either increases or slows down, and this makes it possible to distinguish a number of sections in it.

• The upper layer of the mantle - subcrustal - extends to a depth of about 100 kilometers. This layer plays an important role in the life of the Earth. It is in it that peculiar underground lakes of molten lava are located, feeding volcanoes. In it, for the most part, those stresses are localized that lead to significant shifts, and, consequently, to earthquakes on the surface.
• Under the subcrustal layer is a layer Gutenberg, named after the German geophysicist, who first developed the scheme of the structure of the Earth that we present. This layer is incomparably quieter than the subcrustal one.
• Below, to a depth of about 400 kilometers, there is a layer that does not have a specific name.
• And under this layer lies a powerful layer - about 400 kilometers thick, bearing the name Academician Golitsyn. Here are the sources of deep-focus earthquakes. Scientists believe that at pressures prevailing in this layer, about 100 thousand atmospheres, the outer electron shells of atoms are pressed in, and electrons move to deeper orbits. In this case, an explosive release of large amounts of energy is possible.
• Under the Golitsyn layer lies the last layer of the upper mantle, also about 400 kilometers thick. This layer, unlike the previous one, is characterized by absolute peace.
• The lower mantle extends even deeper.

The mantle surrounds the Earth's core. Its diameter is 5940 kilometers. In the depths of the nucleus, it is possible to feel one more section separating the so-called nucleolus. The diameter of the nucleolus is not more than 3 thousand kilometers. The speed of seismic waves, which increases within the mantle to 13.6 kilometers per second, sharply drops to 8.1 kilometers at the boundary of the core. Transverse waves stop altogether at this boundary, and we remember that they cease to exist in liquids and gases. What speaks in favor of the liquid phase of the Earth's core. What are the substances in the nucleus and nucleolus, scientists argued throughout the 20th century. Previously, it was believed that the interior of the planet keeps the uncooled heat of the fiery clot from which it was once formed. And there was no doubt: in the center of the planet - temperatures of thousands of degrees, pressure - about 3 million atmospheres and a liquid state of matter.

Hypotheses about the structure of the bowels of the Earth

For a while there was hypothesis, in which the idea of ​​the fiery past bowels of the earth was rejected by science, and the idea was put forward of a core frozen through and having a temperature close to absolute zero. It is known that at such temperatures the phenomenon of superfluidity occurs in some substances. Isn't this the reason for the damping of transverse oscillations? However, we have too little idea of ​​the properties of matter under a pressure of 3 million atmospheres. In this case, of course, the processes associated with the structure of electron shells, and perhaps also with the structure of atomic nuclei.
Hypotheses about the structure of the interior of the Earth. Some scientists believe that the special properties of the earth's core are due to changes in the structure of the electron shells of atoms subjected to great pressure. Modern quantum mechanics "allows" electrons to be located only at certain levels. In many atoms inside the filled shells there are also unfilled ones. Under the action of external pressure, electrons can relatively easily pass from outer shells to unfilled inner ones. The chemical properties of the elements, which are determined by the structure of the outer shells, change dramatically in this case. As a rule, under pressure, crystalline dielectrics are easily converted into metals. Given the above, it was suggested that the core of our planet consists of olivine. A pressure of one and a half million atmospheres at its boundaries ensures its metallic properties. The conductivity of the core, corresponding to the conductivity of the metal, ensures the occurrence of the earth magnetic field. Well, its temperature... It was considered not too high, only such that the substance passed into a viscous state, in which it can no longer maintain tangential stresses. This will make it appear liquid.

Section 1. Concept, objects and subjects of the right to use subsoil.

Bosom- this is the part of the earth's crust located below the soil layer, and in its absence - below earth's surface and the bottom of reservoirs and streams, extending to the depths available for geological study and development.

Bosom - this is a part of the earth, including material substances (minerals) located in the upper part of the earth's crust, within which their extraction is possible for all types of human activities.

The concept, objects and subjects of the right to use subsoil

Value bowels lies in the fact that they are a source of minerals, and also contain reserves of underground, including mineral, water, deep heat, store monuments of history and culture, act as a spatial basis for the placement of various objects and structures, industrial waste disposal, radioactive substances, etc.

Taking into account the multilateral significance of the subsoil, the legislation establishes that the state subsoil fund consists of both used areas and unused parts of the subsoil within the territory of Russia and its continental shelf (Article 2 of the law RF"About the bowels").

Subsoil can also be considered as a geological bosom and as a legal concept. The term "subsoil" should be understood not only as an underground space with minerals contained in it, but also all other useful properties of the subsoil, including cavities, energy and other resources.

For the first time as a legal term "subsoil", or rather "subsoil of the earth", is found in 1832 in the Charter of the Mining united Rus', mineral deposits were considered as an integral part of the subsoil. However, the terms were not defined. As a legal

the definition of the phrase "minerals" was given only in 1927 in the Mining Regulations of the USSR and was not given in subsequent legislative acts. Minerals here referred to “components of the subsoil - solid, liquid and gaseous, which can be mined for industrial purposes by extracting or separating them, regardless of whether they are in the depths or come to the surface.”

The definition of the concept of "subsoil" has for jurisprudence not only theoretical, but also practical value, since they act primarily as an object of mountain relations. Starting from the Decree of Peter I, issued in 1719, and up to the adoption law RF "On Subsoil" in 1992, the legislative acts did not define the term "subsoil". Various authors have given it very different interpretations. V. Udintsev considered them to be an indefinite subject. He wrote: “What will a nation have and what possession will it protect if we do not know the contents of the bowels in general and in each given case until we explore these bowels and extract from them the minerals contained therein?”

Interest in the definition of the legal content of the concept of "subsoil" arose and was actively discussed in the scientific literature in the late 60s and early 70s in connection with the preparation of the Fundamentals of the legislation of the USSR on subsoil.

It is also proposed to refer to the bowels of the outcrops to the surface of rocks. Regarding the definition of the lower boundary of the subsoil, there are two main positions. Limited on the first technical capabilities subsoil development; according to the second, it extends to the center of the terrestrial spheroid. Subsoil, as well as forests and waters, are defined in legislative acts and legal literature either as elements of the natural environment, or as. These differences are determined by the attitude of a person towards them. When it comes to the environment of its habitat and activity, then the earth, bowels, waters, forests act as elements of the natural environment, and when it comes to meeting the vital needs of a person in the fruits and products of the earth, bowels, waters and forests, they should be classified as varieties natural resources. Considering Natural resources as objects of property rights, legislation defines the legal status, in particular, of the subsoil as one of the types of natural resources. The list of natural resources is found for the first time in the Decree "On Land"

Almost all definitions of the subsoil as an object of mountain relations contain a very important and fundamental idea that the subsoil is not the entire earth's crust, but only that part of it that is available for exploration and development with modern technical means. Thus, from a legal point of view, subsoil "subsoil" is dynamic. The assessment of the size of the subsoil as a part of the earth's crust in time will obviously constantly increase with the improvement of existing and the creation of new technical means and technologies. Moreover, this increase is possible and should be considered within the foreseeable future. The debatability of the definition of the term "subsoil" is mainly due to differences in understanding the possibilities of using their useful properties in the interests of people. , water and air basins, subsoil, in one way or another, have properties that are useful to humans.

However, not all the earth, not all the bowels, have useful properties, but only a certain part of them. It is in relation to this part that relations of land use, subsoil use, etc., problems of determining property rights and a number of others arise. All lands in accordance with the main purpose are divided into categories: agricultural land, settlements, industry and others. For each category of land, the legislation establishes special legal norms that reflect the peculiarities of their legal regime.

With regard to the subsoil, such a detailed division has not been developed. The subsoil is divided into only two categories: the used subsoil areas and the unused parts of the subsoil. However, in essence, in a hidden form, there is a more detailed division according to various criteria: subsoil plots containing minerals and used for purposes not related to mining; subsoil plots of scientific and social interest, etc. Considering this, legislation about subsoil should be considered as about subsoil use. This aspect is important not only in theoretical but, most importantly, in practical terms.

The right to use subsoil is a type of the right to use natural resources and has its own characteristics. This is one of the central institutions of mining law, because the subsoil is the exclusive property of the people of Ukraine and is provided only for use.

Thus, the right to use subsoil is an institution of environmental law, which regulates, with the help of legal norms, social relations that arise regarding the use of subsoil.

Subsoil is a part of the earth's crust, which is located under the surface of the land and the bottom of water bodies and extends to the depths available for geological study and development (Article 1 of the CIT). It is an independent element of nature, part of the natural environment. Subsoil includes solid rocks and rocks that are in a liquid or gaseous state, but others. This circumstance determines the specifics of their legal regime. The legal status of underground structures and development is determined by mining legislation, since they form part of the underground space. Other aspects of their legal regime are governed by other branches of law.

The State Subsoil Fund includes subsoil areas that are used and those that are not used, including the continental shelf and the exclusive (marine) economic zone. Mineral deposits (including technogenic ones) are an integral part.

Sources

en.wikipedia.org - Wikipedia, The Free Encyclopedia

dic.academic.ru - Academic Dictionary

bibliotekar.ru - Environmental law

best-sledovatel.ru - Mining law

Encyclopedia of the investor. 2013 .

Synonyms:

See what "Nedra" is in other dictionaries:

bosom- Place of Birth; womb, region, inside, environment, womb, bosom of the earth, bowels of the earth, earthly depths, interior, inner part, kingdom of pluto Dictionary of Russian synonyms. bowels 1. earthly depths, bowels of the earth; the bosom of the earth (high) 2. see the inside ... Synonym dictionary

BOSOM- NEDRA, subsoil, units. no (book). 1. Places below the earth's surface. "The land, its subsoil, waters, forests ... are state property, that is, the property of the whole people." The Constitution of the USSR. Earth's interior. From the bowels of the earth, oil, coal, ore, etc. Dictionary Ushakov

Bosom- "NEDRA" publishing partnership. Organized in 1924 by the Mospoligraph trust. The name of the publishing house received from Sat. "Nedra", published from 1922 to 1924 in the publishing house "New Moscow", and from that time until 1931 inclusive in the publishing house "Nedra". ... ... Literary Encyclopedia

BOSOM- part of the earth's crust, located below the soil layer and bottom water bodies, extending to the depths available for geological study and development. The legal regime of the mineral resources is regulated by the mining legislation. Subsoil includes only natural ... ... Financial vocabulary

BOSOM- part of the earth's crust, located below the soil layer, and in its absence, below the earth's surface and the bottom of reservoirs and streams, extending to depths available for geological study and development (subsoil law.) EdwART. Terms and ... ... Ecological dictionary

BOSOM- A natural object protected by law, an integral part of the natural environment. According to the law Russian Federation On the bowels of February 21, 1992, the bowels are part of the earth's crust, located below the soil layer and the bottom of water bodies, ... ... Glossary of business terms

BOSOM- part of the earth's crust, located below the soil layer and the bottom of water bodies, extending to depths accessible to geological study and development. The legal regime of natural resources is regulated in the Russian Federation by the Subsoil Law, as amended. Federal Law of March 3, 1995. To N, include ... ... Law Dictionary

Bosom- (legal) (a. interior part of the Earth, bowels; n. Erdinnere; f. sein de la terre, sous sol, profondeurs de la terre; and. subsuelo) natural environment within the territory. CCCP, located under the earth's surface, as well as outputs of opinions ... ... Geological Encyclopedia

"Bosom"- scientific tech. ed. in State. to that CCCP for publishing, printing and book trade. Created in Moscow in 1963 on the basis of the merger of publishing houses in Gostoptekhizdat, Gosgortekhizdat, Gosgeoltekhizdat and Geodezizdat. Annual output of more than 1000 ... ... Geological Encyclopedia

BOSOM- Subsoil, subsoil, subsoil. 1. What is under the earth's surface. In the depths of the earth. Subsoil development (mining). 2. trans. The interior, environment, area, in a swarm that n. going on, from to swarm that n. comes out. In the depths of the soul. Explanatory ... ... Explanatory dictionary of Ozhegov

Bosom- are part of the earth's crust located below the soil layer, and in its absence below the earth's surface and the bottom of reservoirs and watercourses, extending to depths accessible for geological study and development ...

1. Land and other natural resources are used and protected in the Russian Federation as the basis for the life and activities of the peoples living in the respective territory.

2. Land and other natural resources may be in private, state, municipal and other forms of ownership.

Commentary on Article 9 of the Constitution of the Russian Federation

1. Taking into account the inclusion of the provisions of the commented article in them, they should first of all be considered as fundamental legal principles that permeate the entire set of legal relations arising from the use and protection of land and other natural resources in the Russian Federation, which are the basis of life and activity of the peoples living in the relevant territory . These principles are obligatory for both federal and regional legislators; issues of ownership, use and disposal of land, subsoil, water and other natural resources, land, water, forestry legislation, subsoil legislation, environmental protection are jointly administered by the Russian Federation and its subjects (clauses "e" and "k" of Art. 72 of the Constitution).

Part 1 of the commented article, at the level of the constitutional principle, lays the foundations for the constitutional and legal regime of land and other natural resources. By itself, this mode is defined using a large number constitutional provisions that form a subsystem of constitutional norms. Part of this constitutional and legal regime is the definition of the subject, the property of which the Constitution declares land and other natural resources. This is the entire multinational Russian people. Consequently, the subject of the Russian Federation is not entitled to declare natural resources on its territory as its property (property) and to regulate the ownership of natural resources in such a way that limits their use in the interests of all the peoples of the Russian Federation, since this violates the sovereignty of the Russian Federation.

At present, there is reason to assert that a new subject of constitutional and legal relations has appeared, and these are the future generations of Russians. The preamble to the Constitution emphasizes the responsibility of the people of Russia for their homeland to future generations. And in the sphere of budgetary relations, such concepts as "stabilization fund", "fund for future generations" appeared. Accordingly, a new public goal appears - the protection of the economic interests of future generations of Russians.

In accordance with Part 1 of Art. 9 of the Constitution, land and other natural resources are used and protected in the Russian Federation as the basis for the life and activities of the peoples living in the respective territory. From this norm it follows that the peoples living on the territory of a particular subject of the Russian Federation should be guaranteed the protection and use of land and other natural resources as natural wealth, value (property) of national significance. Therefore, the Russian Federation and its subjects are not removed from Art. 9 of the Constitution in conjunction with its Art. 71 and 72 the obligation to protect and ensure the use of land and other natural resources as the basis of life and activity of the peoples living in the respective territories (Resolution of the Constitutional Court of the Russian Federation of 07.06.2000 N 10-P).

Part 1 of Article 72 of the Constitution refers to the issues of ownership, use and disposal of land, subsoil, water and other natural resources (clause "c"), delimitation of state property (clause "d"), environmental management (clause "e"), forest legislation (p. "k") to the joint jurisdiction of the Russian Federation and its subjects.

Federal law as a normative legal act general action regulating certain issues (subjects) of joint jurisdiction, determines the rights and obligations of participants in legal relations, including the powers of bodies state power, and thereby carries out the differentiation of these powers. From part 3 of Art. 1, p. "c" - "e" and "k" part 1 of Art. 72, parts 2 and 5 of Art. 76 and Art. 94 of the Constitution it follows that the Federal Assembly has the right to carry out legislative regulation of issues related to these subjects of joint jurisdiction, to determine the appropriate specific powers and competence of state authorities of the Russian Federation and subjects of the Russian Federation. At the same time, however, the requirements of the Constitution, including its Art. 9 and 36 relating to the ownership of natural resources and their use.

Assuming the possibility of finding natural resources in various forms property, the Constitution, however, does not oblige the forest fund, as a special part of forest natural resources, to be in these various forms of ownership. It also does not follow from the constitutional provisions (Articles 9, 36) that the ownership of the forest fund belongs to the constituent entities of the Russian Federation. The Constitution does not predetermine the mandatory transfer of the forest fund to the ownership of the constituent entities of the Russian Federation (Resolution of the Constitutional Court of the Russian Federation of 09.01.1998 N 1-P "On the case of checking the constitutionality of the Forest Code of the Russian Federation" * (37)).

The Constitution (part 3, article 36) contains a requirement addressed to the legislator to adopt a federal law, on the basis of which the conditions and procedure for the use of land should be determined. From this provision of the Constitution, it follows that for the regulation of land relations, this law, adopted in accordance with, is of priority importance, which should ensure the protection of the constitutional rights of citizens to land.

At the same time, the Constitution also contains norms of direct action. In the sphere of relations under consideration, such a norm is the provision of part 2 of the commented article, according to which "land and other natural resources may be in private, state, municipal and other forms of ownership." This norm is applied directly, except when its implementation is connected with the law provided for in Part 3 of Art. 36 of the Constitution (Determination of the Constitutional Court of the Russian Federation of November 4, 1996 N 109-O "On the refusal to accept for consideration the request of the President of the Republic of Tatarstan to verify the constitutionality of Article 13 of the Federal Law "On the Enactment of Part One of the Civil Code of the Russian Federation").

The constitutional principle contained in Part 1 of Art. 9 is refracted into principles that determine the environmental basis for the regulation of land relations, provided for in Art. 1 ZK RF. As a first principle in Art. 1 (subclause 1 clause 1) of the LC provides for taking into account the importance of land as the basis of human life and activity, according to which the regulation of relations for the use and protection of land is carried out on the basis of ideas about land as natural object protected as an essential part of nature, a natural resource used as a means of production in agriculture and the basis for the implementation of economic and other activities on the territory of the Russian Federation.

From this point of view, land is considered in the LC primarily as a natural object, i.e. part of nature. Other natural objects are subsoil, water, forests, vegetation and animal world, atmospheric air. All these objects are in a state of natural connection with each other. The earth as a natural object cannot belong to anyone on any right whatsoever. The literature notes that the inclusion in Art. 1 of the LC of the principle under consideration as the first means the greening of land legislation, i.e. giving it more features of the public law industry.

Understanding land as a natural resource means that it is a component of the natural sphere that can be used in the implementation of economic and other activities (see Article 1 of the Law on Environmental Protection).

2. The provision of Part 2 of the commented article in systemic connection with the norms of Art. 36 of the Constitution defines the foundations of the civil law regime of land as immovable property.

According to paragraph 1 of Art. 130 of the Civil Code, land plots are classified as immovable things (real estate, real estate). And in the sub. 1 p. 1 art. 1 of the Land Code, as a principle of land legislation, the simultaneous presentation of land as a natural object and as an object of property rights and other rights to land is considered. Developing the "ecological principle", the new land legislation, as a second principle, establishes the priority of protecting land as an essential component of the environment and means of production in agriculture and forestry over the use of land as real estate, according to which land owners own, use and dispose of land free as long as it doesn't cause damage environment(signature 2, clause 1, article 1 of the LC).

To distinguish between civil and land law in the regulation of property relations regarding land, the provision of Part 1 of Art. 9 of the Constitution that land and other natural resources are used and protected in the Russian Federation as the basis of life and activity of the peoples living in the respective territory. Based on this constitutional norm, land legislation should develop as a set of primarily public law norms that establish rational use and protection of land, state control over transactions with land, ensuring the inadmissibility of parcelling (crushing) of land when it is inherited, etc. These public law norms of land legislation, reflecting important public interests, should indeed be a priority. This follows not only from the Constitution, but also from the Civil Code.

However, in the regulation of property relations arising from ownership of land, transactions with land, it is necessary to proceed from the fact that land is real estate, an object of civil law, a thing that is in circulation. Land legislation cannot establish restrictions on the forms of ownership of land or determine the right of subjects of the Russian Federation to independently choose certain forms of ownership, since this is not allowed not only by the Civil Code, but also by the Constitution * (38).

Characteristically, this approach is generally embodied in the norms of the Land Code. According to paragraph 1 of Art. 3 of the Land Code of the Russian Federation, land relations include only relations on the use and protection of land as the basis for the life and activities of peoples, i.e. governed by the rules of public law. Property relations on the ownership, use and disposal of land plots, as well as on transactions with them, are taken out of the brackets of land plots and, as a general rule, should be regulated by civil law (clause 3, article 3 of the Land Code) * (39).

The concept of land as a natural object and as an object of property rights, real estate was taken into account by the Constitutional Court of the Russian Federation in Resolution No. 10-P of 12.07. complaints of citizens V.V. Bezmenov and N.V. Kalabun "* (40).

The Resolution of the Constitutional Court of the Russian Federation of April 23, 2004 N 8-P "On the case of checking the constitutionality of the Land Code of the Russian Federation in connection with the request of the Murmansk Regional Duma" * (41) contains a legal position, by virtue of which a land plot as an object of civil rights does not affect sovereignty RF and its territorial integrity:

"Based on the prescriptions of Articles 9 and 36 of the Constitution of the Russian Federation, federal legislation in the field of regulation of land relations determines that land and other natural resources that are not owned by citizens, legal entities or municipalities, are state property and that land and other natural resources may be alienated or transferred from one person to another by other means, to the extent that their circulation is permitted by the relevant laws.

At the same time, within the meaning of Articles 260 and 261 of the Civil Code of the Russian Federation and Article 15 of the Land Code of the Russian Federation specifying these constitutional provisions, the object of land ownership is land plots, which are part of the land surface within the boundaries of the territory of the Russian Federation. When land is granted for private ownership, the acquirer is transferred not a part of the state territory, but only a land plot as an object of civil rights, which does not affect the sovereignty of the Russian Federation and its territorial integrity.

In this Resolution, the Constitutional Court came to the conclusion that the very possibility of granting to foreign citizens, stateless persons and foreign legal entities the right, under certain conditions, to acquire ownership and, within certain limits, to own, use and dispose of land plots - insofar as the relevant land on on the basis of the law are not excluded from circulation or are not limited in circulation (clause 1 of article 260 of the Civil Code) - does not contradict the constitutional and legal status of land as a public property of the multinational people of Russia and follows from part 2 of article. 9 and parts 1 and 2 of Art. 35 of the Constitution in conjunction with its Part 3, Art. 62.

Carrying out appropriate regulation (conditions and procedures for the use of land), the federal legislator, by virtue of part 3 of Art. 55 of the Constitution is obliged to ensure the protection of constitutionally significant values ​​​​and to maintain a balance of constitutional rights enshrined, on the one hand, in the above articles of the Constitution, and on the other hand, in part 1 of the commented article, according to which land and other natural resources are used and protected in the Russian Federation as the basis of life and activity of the peoples living in the respective territory, and in Part 1 of Art. 36, according to which the right to have land in private ownership belongs to citizens and their associations. In doing so, however, he must proceed from what follows from Art. 9 and 36 of the Constitution, the priority of the right of Russian citizens to own land, ensuring the rational and efficient use of land and its protection, protection of the economic sovereignty of the Russian Federation, the integrity and inviolability of its territory (parts 1 and 3 of article 4 of the Constitution).

In fulfilling its constitutional duty, the federal legislator introduced some restrictions for foreign citizens, stateless persons and foreign legal entities in exercising the right to use land, thereby establishing exemptions from the national regime for regulating the right to private ownership of land (Article 15, paragraph 5 of Article 28 ZK). In addition, the current legislation for foreign citizens, stateless persons and foreign legal entities provides for certain restrictions on the ownership of land plots of certain categories of art. 8 of the Federal Law of October 25, 2001 N 137-FZ "On the Enactment of the Land Code of the Russian Federation" (as amended on July 22, 2008), art. 3 of the Federal Law of July 24, 2002 N 101 "On the turnover of agricultural land" (as amended on May 13, 2008), federal law No. 187-FZ of November 30, 1995 "On the Continental Shelf of the Russian Federation" (as amended on July 18, 2008) and RF Law No. 2395-1 of February 21, 1992 "On Subsoil" (as amended on July 18, 2008).

The specified legal regulation is aimed at ensuring the sovereign rights of the Russian Federation to all its natural wealth and resources, protecting the interests of the Russian economy in the transition period, guaranteeing Russian citizens and legal entities regarding equal conditions competition with foreign capital and, thereby, their exercise of their constitutional right to freely use their abilities and property for entrepreneurial and other economic activities not prohibited by law (Resolution of the Constitutional Court of the Russian Federation of April 23, 2004 N 8-P).

The provision of Part 2 of the commented article in systemic connection with the norm of Part 1 of Art. 36 of the Constitution was applied by the Constitutional Court when assessing in the Ruling of 12.05.2005 N 187-O * (42) the constitutionality of paragraph 6 of Art. 36 LC, according to which executive agency state power or local government, provided for by Art. 29 of the Land Code, within two weeks from the date of receipt specified in paragraph 5 of Art. 36 of the application makes a decision on granting a land plot to the property free of charge in accordance with paragraph 2 of Art. 28 ZK, and in the cases specified in paragraph 1 of Art. 20 of the Land Code of the Russian Federation, on the right of permanent (perpetual) use, or prepares a draft contract for the sale or lease of a land plot and sends it to the applicant with a proposal to conclude an appropriate contract.