Land law. The right to free urgent use (the most important)

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Land law. The right to free urgent use (the most important)

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24. RIGHT OF FREE TERM USE

The right of gratuitous fixed-term use of a land plot is a property right of persons who are not owners. Distinctive features of gratuitous urgent use: the provision of this right is always free of charge, is temporary.

В free fixed use land can be provided:

1) from lands owned by the state or municipal authorities, by executive authorities or local authorities - to state and municipal enterprises, institutions, state authorities and local authorities for a period of not more than one year;

2) from lands owned by citizens or legal entities - to citizens and legal entities on the basis of an agreement;

3) from the lands of organizations, transport, forestry, forest industry, hunting farms, state natural reserves and national parks - to citizens in the form of a service allotment;

4) from lands that are in state or municipal ownership, by executive bodies of state power or local self-government bodies - to religious organizations. Land plots that are in state or municipal ownership are provided for free fixed-term use only to state and municipal institutions, federal state-owned enterprises, state authorities and local governments, as well as religious organizations.

Service plots are provided for free fixed-term use to employees of organizations in certain sectors of the economy, including organizations of transport, forestry, the forest industry, hunting farms, state nature reserves and national parks. The categories of employees of organizations in such industries who have the right to receive official allotments, the conditions for their provision are established by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation. Service plots are provided to employees of such organizations for the period of establishment of labor relations on the basis of applications from employees by decision of the relevant organizations from among the land plots belonging to them.

The right of gratuitous fixed-term use of a land plot is terminated by decision of the person who provided the land plot, or by agreement of the parties: after the expiration of the period for which the land plot was provided; in case of refusal of the land user from his right to the plot or due to forced withdrawal.

The right to a service allotment is terminated due to the termination by the employee of the employment relationship in connection with which the service allotment was provided. At the same time, the right to a service allotment is retained by the employee who terminated the employment relationship upon his transition to an old-age pension or a disability pension. The right to a service allotment is also reserved for one of the family members: an employee called up for active military service or alternative service for the entire period of service; an employee enrolled for study for the entire period of study at an educational institution; an employee who died in the line of duty.

Author: Medentsov A.S.

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