Agrarian law. Land for creating a farm, types of such land (the most important)

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Agrarian law. Land for creating a farm, types of such land (the most important)

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38. Land for creating a farm, types of such land

To create a farm and carry out its activities, land plots from agricultural land can be provided and acquired (Article 11 of the Federal Law "On Peasant (Farm) Enterprise").

As part of agricultural land, agricultural land (arable land, hayfields, pastures, fallow land, vineyards and other perennial plantations) and non-agricultural land (on-farm roads, shelterbelts that are not included in the lands of the forest fund, rural forests and tree and shrub vegetation, closed reservoirs) are distinguished , not included in the lands of the water fund, lands under buildings, structures and structures used for the production, storage and primary processing of agricultural products, as well as inconvenient lands in the form of ravines, sands, salt marshes, swamps, etc.).

For the construction of buildings, structures and structures necessary for the implementation of the activities of a farm, land plots can be provided and acquired from agricultural land and land of other categories (clause 2, article 11 of the Federal Law "On a peasant (farm) economy"). According to Art. 7 of the Land Code of the Russian Federation, land in the Russian Federation for its intended purpose is divided into 7 categories:

1) agricultural land;

2) lands of settlements;

3) lands of industry, energy, transport, communications, broadcasting, television, informatics, lands for space activities, lands for defense, security and lands for other special purposes;

4) lands of specially protected territories and objects;

5) lands of the forest fund;

6) lands of the water fund;

7) reserve land.

Land plots provided and acquired for the creation of a farm and the implementation of its activities are formed in accordance with the land legislation of the Russian Federation.

The minimum size of land plots is not established for farms whose main activity is horticulture, greenhouse vegetable growing, floriculture, viticulture, seed farming, poultry farming, beekeeping, fish farming or other activities for the production of agricultural products using technology that allows the use of land plots that are smaller than the minimum size of land plots established by the laws of the constituent entities of the Russian Federation (part 7 of article 12 of the Federal Law "On peasant (farm) farming").

Author: Zavrazhnykh M.L.

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