Land law. Legal regime of peasant farm lands (the most important)

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Land law. Legal regime of peasant farm lands (the most important)

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67. LEGAL REGIME OF PEASANT FARM LAND

Farms mainly carry out their activities using land plots from agricultural land. Therefore, the legal regime of land of a peasant (farm) economy is closely connected with the legal regime of agricultural land. Peculiarities of the legal regime of land of a peasant (farm) economy are the grounds and procedure for acquiring rights to land plots from agricultural land owned by the state or municipality for the creation of a peasant (farm) economy and the implementation of its activities.

For creation of a farm and the implementation of its activities land plots from agricultural land may be provided and acquired. For the construction of buildings, structures and structures necessary for the implementation of the activities of a farm, land plots from agricultural land and land of other categories may be provided and acquired.

The procedure for granting land plots from agricultural land owned by the state or municipality. Citizens interested in providing them with land plots to create a farm and carry out its activities submit an appropriate application to the executive body of state power or local government.

The executive body of state power or body of local self-government within fourteen days decides on granting the requested land plot into ownership for a fee or free of charge or for rent with a draft of its boundaries attached.

A contract for the sale or lease of a land plot for the creation, implementation of activities or expansion of a farm is concluded within seven days after the applicant submits a cadastral map (plan) of the land plot to the executive body of state power or local government.

The decision of the executive body of state power or local self-government body to refuse to provide a land plot for the creation of a farm and the implementation of its activities may be challenged in court.

The minimum size of land plots is not established for farms whose main activity is horticulture, greenhouse vegetable growing, floriculture, viticulture, seed farming, poultry farming, beekeeping, fish farming or other activities for the production of agricultural products using a technology that allows the use of land plots whose size is less than the minimum size of land plots established by the laws of the constituent entities of the Russian Federation.

A citizen who is a participant in common shared ownership of a land plot from agricultural land has the right to demand the allocation of a land plot on account of the land share that arose during the privatization of agricultural land before the Law "On the turnover of agricultural land" came into force, in order to create or expand a farm.

Author: Medentsov A.S.

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