Land law. Land categories (most important)

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Land law. Land categories (most important)

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55. CATEGORIES OF LAND

The Land Code of the Russian Federation, as one of the principles of land legislation, establishes the division of lands according to their intended purpose into categories, according to which the legal regime of lands is determined based on their belonging to a particular category and permitted use in accordance with the zoning of territories and legal requirements.

The Land Code of the Russian Federation establishes the following categories of land:

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.

The list of land categories is closed.

The assignment of lands to categories and their transfer from one to another is carried out by the competent authorities. The assignment of lands to categories, their transfer from one category to another are carried out in relation to:

▪ lands in federal ownership - by the Government of the Russian Federation;

▪ lands owned by constituent entities of the Russian Federation and agricultural lands owned by municipalities - by executive authorities of constituent entities of the Russian Federation;

▪ lands in municipal ownership, with the exception of agricultural lands, by local government bodies;

4) land in private ownership:

▪ agricultural lands - by executive authorities of the constituent entities of the Russian Federation;

▪ land for other purposes - by local governments.

The transfer of lands of settlements into lands of other categories and lands of other categories into lands of settlements, regardless of their form of ownership, is carried out by establishing or changing the boundaries of settlements in the manner established by the Land Code of the Russian Federation and the legislation of the Russian Federation on urban planning.

The procedure for transferring land from one category to another is established by federal laws.

The category of land is indicated: in acts on the provision of land plots; contracts, the subject of which are land plots; documents of the state land cadastre; documents on state registration of rights to real estate and transactions with it, etc. Violation of the established procedure for transferring land from one category to another is the basis for invalidating acts on classifying land into categories, on transferring them from one category to another.

The division of land into categories is important. The belonging of land to one category or another predetermines the intended purpose and the corresponding mode of land use for each specific category. The mode of land use is also determined depending on the permitted use, both of the specific categories of land itself and of land within the land of one category, taking into account the zoning of territories. In general, the legal regime of land is determined on the basis of their belonging to a certain category of land, their intended purpose and permitted use in accordance with the zoning of territories and the requirements of the law.

Author: Medentsov A.S.

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