Land law. Control over the rational use and protection of land (the most important)

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Land law. Control over the rational use and protection of land (the most important)

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44. CONTROL OVER THE RATIONAL USE AND PROTECTION OF LAND

Specially authorized state bodies carry out state land control for compliance with land legislation, requirements for the protection and use of land by organizations, regardless of their organizational and legal forms and forms of ownership, by their leaders, officials, as well as citizens. State land control is carried out in accordance with the legislation of the Russian Federation in the manner established by the Government of the Russian Federation.

Municipal land control for the use of land on the territory of the municipality is carried out by local governments or bodies authorized by them. Municipal land control over the use of land on the territory of the municipality is carried out in accordance with the legislation of the Russian Federation and in the manner established by the regulatory legal acts of local governments. The laws of the subjects of the Russian Federation - the cities of federal significance of Moscow and St. Petersburg, the powers of local governments to exercise land control over the use of land and establish the procedure for its implementation can be attributed to the powers of state authorities of these subjects of the Russian Federation.

Public land control carried out by bodies of territorial public self-government, other public organizations (associations), citizens for compliance with the established procedure for the preparation and adoption by authorized bodies of decisions affecting the rights and legitimate interests of citizens and legal entities, as well as for compliance with the requirements for the use and protection of lands. For example, trade unions have the right to participate in the formation of state programs on environmental management and environmental protection, and in the development of legal acts regulating environmental safety issues. Trade unions monitor the state of land protection through their bodies and have the right to visit organizations, their structural divisions, workplaces, and have the right to demand from the employer the immediate elimination of violations that threaten the life and health of workers.

Industrial land control carried out by the owner of the land plot, land user, land owner, tenant of the land plot in the course of economic activity on the land plot. The person using the site is obliged to provide information on the organization of industrial land control to a specially authorized body of state land control in the manner established by the Government of the Russian Federation.

Land control can have several stages:

1) information and legal when collecting materials - checking the legality of the grounds for land use, identifying boundary and other dividing marks, surveying the actual state and intended land use, identifying unused or improperly used lands;

2) decision-making based on the results of the control - based on the data of inspections and surveys by analyzing materials, the decision may be preliminary with additional inspections or final, sole or commission;

3) execution of the decision.

Author: Medentsov A.S.

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