Land law. Modern land reform in the Russian Federation (the most important)

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Land law. Modern land reform in the Russian Federation (the most important)

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10. MODERN LAND REFORM IN THE RUSSIAN FEDERATION

Land reform - this is a set of economic, organizational, socio-political, legal measures that were aimed at transforming land relations. The main stages of the land reform were: land inventory; transfer of land into ownership, lease; formation of an appropriate legal framework.

The transition from a planned-administrative economy to a market one required transformations in the field of land relations. The structure of land resources that developed in Soviet times and the system of land legal relations in market conditions could not ensure the efficient use of land resources, which objectively required reform.

Laws were adopted aimed at the formation of various forms of ownership of land, the activation of the circulation of land resources, and the increase in the efficiency of their use. Particularly noteworthy is the adoption of the Land Code of the Russian Federation of October 25, 2001, which approved the principles of land legislation. The Land Code of the Russian Federation laid the foundations for land management, the state land cadastre and land control, payment and liability for land use, as well as the foundations of legal relations in the field of management and disposal of land resources in the interests of the life of citizens living in the territory of the Russian Federation.

The land reform in the Russian Federation is being carried out with a delay in terms, there has not been a cardinal increase in the efficiency of land use, a qualitative increase in social, investment and productive potential. The reasons for this lag is the discrepancy between the rights to land of economic entities, formalized in the Soviet period, to the new, market conditions. Such a form of law as permanent (perpetual) use of land plots was predominant for most enterprises and organizations.

The Land Code of the Russian Federation and the law on its enactment expressly provide for the obligation of all legal entities (with the exception of state and municipal authorities, state and municipal institutions, as well as state-owned enterprises) to re-register the right of permanent (unlimited) use to the right of ownership or lease right.

Non-registration of land rights by business entities is due to the following reasons:

▪ lack of incentives for enterprises (including economic and administrative) for such re-registration;

▪ financial costs for land management work, cadastral registration, purchase of plots, registration and registration of rights to them;

▪ the purchase price of the privatized plots, as well as the significant cost of land management work;

▪ lack of necessary scientific, methodological, educational and practical materials and publications on the procedure for re-registration of land rights;

▪ lack of a clear and long-term state policy in the field of redemption prices and rent for land;

▪ the likelihood of another postponement of re-registration.

As a result of the reforms, the monopoly of state ownership of land was eliminated, agricultural enterprises were reorganized, peasant (farm) enterprises appeared, a land redistribution fund was created, and the principle of payment for land use was introduced.

Author: Medentsov A.S.

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