Land law. State ownership of land and its types (the most important)

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Land law. State ownership of land and its types (the most important)

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17. STATE OWNERSHIP OF LAND AND ITS TYPES

State property is land that is not owned by citizens, legal entities or municipalities. The law provides for the division of state ownership of land into federal property, property of subjects of the Russian Federation and municipal property, which has not yet been fully realized.

The right of ownership to land plots of the Russian Federation and its subjects arises from the moment of state registration of the right of ownership to land plots. The basis for state registration of property rights is acts of the Government of the Russian Federation on the approval of lists of land plots for which, respectively, the Russian Federation, subjects of the Russian Federation acquire the right of ownership when delimiting state ownership of land, as well as court decisions that have entered into force on disputes related to the delimitation of state land ownership.

Types of state property. State property in the Russian Federation is considered to be property owned by the Russian Federation (federal property) and property owned by constituent entities of the Russian Federation.

In federal ownership there are land plots: which are recognized as such by federal laws; the ownership right of the Russian Federation to which arose during the delimitation of state ownership of land; which were acquired by the Russian Federation on the grounds provided for by civil law. Federal property may also include land plots that have not been granted to private ownership until the delimitation of state ownership of land.

Owned by the subjects of the Russian Federation there are land plots: which are recognized as such by federal laws; the ownership right of the subjects of the Russian Federation for which arose during the delimitation of state ownership of land; which are acquired by the subjects of the Russian Federation on the grounds provided for by civil law.

Subjects of the Russian Federation may own land plots that have not been granted to private ownership:

▪ occupied by real estate owned by constituent entities of the Russian Federation;

▪ provided to government bodies of the constituent entities of the Russian Federation, state unitary enterprises and government institutions created by government bodies of the constituent entities of the Russian Federation;

▪ classified as lands of specially protected natural areas of regional significance, forest lands owned by constituent entities of the Russian Federation in accordance with federal laws, lands of the water fund occupied by water bodies owned by constituent entities of the Russian Federation, lands of the land redistribution fund;

▪ occupied by privatized property that was owned by constituent entities of the Russian Federation before its privatization.

The rights of the owner on behalf of the Russian Federation and constituent entities of the Russian Federation are exercised by authorized government bodies within the limits of their competence. Before the delimitation of state ownership of land, the disposal of such land plots is carried out by local government bodies, unless otherwise provided by the Land Code of the Russian Federation or the laws of the subject of the Russian Federation.

Plots that are granted for use, life-long inheritable possession and lease, which are in state ownership, are owned and used by legal entities and citizens to whom they were granted. The Russian Federation and its constituent entities manage and dispose of such areas.

Author: Medentsov A.S.

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