Land law. Cheat sheet: briefly, the most important

Lecture notes, cheat sheets
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Land law. Cheat sheet: briefly, the most important

Lecture notes, cheat sheets

Table of contents

1. CONCEPT OF LAND LAW

Land law is a set of legal norms regulating relations regarding the use and protection of land as a natural object and as an object of real estate. Land law is an independent branch of Russian law.

Land law - a branch of Russian law, is a system of legal norms that regulate on the basis of a variety of forms of ownership of land and equal legal protection of all objects of relations for the use and protection of land.

Land law as a science is a system of scientific knowledge about land law as a branch of law, its subject, method, principles of legal regulation of land relations, development history, its main institutions, comparative legal analysis of it and related branches of foreign countries.

Land law as an academic discipline is a system of knowledge about land law, which is mandatory for study in the relevant educational institutions.

The systems of land law as a branch of law, as a science and academic discipline do not fully coincide. Land law as a branch of law has a two-term division: General and Special parts. Land law as a science and academic discipline has a three-part division: General, Special and Special parts.

The general part of land law as a branch of law contains rules of law that are important for all its institutions. The general part includes such institutions as the right of ownership and other rights to land, state regulation of the use and protection of land, the economic and legal mechanism for the use and protection of land, and legal liability for violations of land legislation.

The Special Part contains norms devoted to its individual institutions and categories of land. The Special Part includes the legal regime for the use and protection of agricultural land, settlements; industry, transport, communications, broadcasting, television, informatics, space support, defense; specially protected territories; forest fund; water fund; stock.

The system of land law as a science, academic discipline, in addition to these institutions of land law, also includes the subject, methods, principles and sources of land law, development of land legislation, comparative legal analysis of domestic and foreign land law. The system of law as an academic discipline is determined by curricula.

Thus, land law is understood as a branch of Russian law, which is a system of legal norms governing relations regarding the use and protection of land as a natural object and as an object of real estate.

under land law as a science refers to the system of scientific knowledge about land law as a branch of law, its subject, method, principles of legal regulation of land relations, development history, its legal institutions, comparative legal analysis of domestic land law and related law of foreign countries.

under land law as an academic discipline is understood as a system of knowledge about land law, which is mandatory for study in the relevant educational institutions.

2. SUBJECT OF LAND LAW

The subject of land law as a branch of Russian law is public relations regarding land as the basis of life and activity in the relevant territory (land relations).

The specificity of these relations as an independent subject of legal regulation is determined by their object - land. Land is a natural object, a natural resource, the main means of production in agriculture and forestry, and the basis for other activities. The earth as a natural object is in organic connection with other natural objects: bowels, waters, forests, flora and fauna. This determines the connection of land legal relations with other legal relations regarding the use and protection of other natural objects and resources in general and each separately, which, in turn, determines the existence of such a connection between land law and other natural resource branches of legislation.

The objects of land relations are: land as a natural object and natural resource; land; parts of land.

Land as a natural object and natural resource can act as an object of land relations in general. The allocation of land as a natural object is associated with relations for the protection of land and control over compliance with the requirements for the protection and rational use of land. A land plot as an object of land relations is a part of the earth's surface (including the soil layer), the boundaries of which are described and certified in the prescribed manner. This concept of a land plot should be considered the main one for the inclusion of a land plot in land-legal relations.

Features of the land give rise to the specifics of both land legal relations and the subject of land law.

Thus, the subject of land law is public relations for the use and protection of land in the Russian Federation as the basis for the life and activities of the peoples living in the respective territory.

The legislation on subsoil, forestry, water legislation, legislation on the animal world, on the protection and use of other natural resources, on environmental protection, on the protection of atmospheric air, on specially protected natural areas and other special federal laws.

The norms of the indicated branches are applied to land relations if these relations are not regulated by land legislation.

Property relations for the ownership, use and disposal of land plots, as well as for transactions with them, are regulated by civil law, unless otherwise provided by land, forestry, water legislation, subsoil legislation, and environmental protection.

3. LAND LAW METHOD

The method of legal regulation is understood as a way of influencing legal norms on participants in public relations. Legal regulation, in essence, consists in the official publication of legal norms (normative acts) that establish the rules for the conduct of subjects of legal relations.

There are the following methods of legal regulation:

1) imperative method (method of power-subordination) is a way of regulating social relations, which consists in establishing obligations for the subjects of legal relations, options for proper behavior and appropriate prohibitions. Imperative regulation is characterized by prohibitions, prescriptions and relations of power and subordination;

2) dispositive method - this is a way of regulating social relations, which consists in providing participants in social relations with the freedom to choose their actions. Dispositive regulation is characterized by agreements and recommendations.

Land law method - this is a way of regulating public relations for the use and protection of land in the Russian Federation as the basis for the life and activities of the peoples living in the corresponding territory (land relations).

Land law does not have its own, only its inherent method of legal regulation. When regulating land relations, both imperative and dispositive methods of regulation are used.

The imperative method is of primary importance, which is explained by the specifics of land relations, the need to regulate the use and protection of land, as well as the social significance of regulated relations. The imperativeness of the legal norms of land law consists, for example, in establishing the obligation for owners of land plots to report information about changes in the composition of their land to the appropriate authorities (for the purpose of maintaining a land cadastre). The imperative method is also used in the implementation of state land control over the use and protection of land.

It should be noted the widespread use of discretionary regulation of land relations. Thus, the owner of a land plot is given the right to exercise his powers in relation to the plot as an object of ownership. Within certain limits, participants in land relations have the right to independently regulate their relationships with each other. Thus, when establishing a private easement, a dispositive method of regulation is used; participants in land relations can establish their rights and obligations by their agreement on the limited use of a site (easement).

The use of economic incentives for participants in land relations to rationally use land plots is also widely used. Stimulation is carried out mainly through a differentiated approach in determining the amount of payment for land, setting land tax rates, the amount of rent for plots of land owned by state or municipal property, setting coefficients, etc.

Thus, under land law method is understood as a way to regulate relations on the use and protection of land as the basis for the life and activities of the peoples living in the relevant territory (land relations).

4. LAND LAW SYSTEM

Land law system - this is a set of interrelated land-legal institutions arranged in a certain sequence depending on the role they play in the regulation of land relations.

The general part of land law includes legal institutions containing rules governing land relations arising from the use of any categories of land, regardless of their intended purpose and permitted use. These legal institutions influence the formation of the content and composition of the institutions of the Special Part.

The special part of land law includes legal institutions containing legal norms that establish the features of land use depending on their intended purpose and permitted use. The institutions of the Special Part are subordinate to the legal institutions of the General Part, and their content concerns a certain type of land relations. The legal norms of the institutions of the Special Part establish the legal regime of land categories.

Institutes General part include:

1) the right of ownership and other proprietary rights to land;

2) management of land resources of the Russian Federation;

3) rights to land of persons who are not owners of land plots;

4) legal protection of lands;

5) management in the field of land use and protection;

6) legal regulation of payment for land;

7) liability for violation of land legislation;

Institutes special part include:

1) the legal regime of agricultural land;

2) the legal regime of lands of settlements;

3) the legal regime of lands of industry, transport, communications, broadcasting, television, informatics, space support, defense and other purposes;

4) legal regime of lands for environmental, nature reserve, health, recreational and historical and cultural purposes;

5) legal regime of forest fund lands;

6) legal regime of water fund lands;

7) the legal regime of reserve lands.

Land law as a branch of law has a two-part division: General and Special parts. Land law as a science and academic discipline has a three-part division: General, Special and Special parts.

The General Part of Land Law as a branch of law contains rules of law that are important for all its institutions. The General Part includes such institutions as the right of ownership and other rights to land, state regulation of the use and protection of land, the economic and legal mechanism for the use and protection of land, and legal responsibility.

The system of land law as a science (academic discipline), in addition to these institutions, also includes the subject, methods, principles and sources of law, the development of land legislation, a comparative legal analysis of domestic and foreign land law. The system of law as an academic discipline is determined by curricula.

5. PRINCIPLES OF LAND LAW

1. Taking into account the importance of land as the basis of human life and activity, according to which the regulation of land relations is carried out on the basis of ideas about land as a natural object, protected as the most important part of nature, used as a means of production in agriculture and forestry and the basis for carrying out economic and other activities, and at the same time as real estate, an object property rights and other rights to land.

2. Priority of land protection as the most important component of the environment

and means of production in agriculture and forestry before the use of land as real estate, according to which the owners of land plots exercise their powers freely, if this does not harm the environment.

3. Priority of protecting human life and health, according to which, when carrying out activities for the use and protection of land, such decisions must be made and such activities must be carried out that would ensure the preservation of life or prevent a negative impact on human health.

4. Participation of citizens, public organizations and religious organizations in resolving issues relating to their rights to land, according to which they have the right to take part in the preparation of decisions, the implementation of which may have an impact on the state of the land, and state authorities, local governments, and business entities are obliged to ensure the possibility of such participation.

5. Unity of fate of land plots and objects firmly associated with them, according to which all objects firmly connected with land plots follow the fate of the plots.

6. Priority for the conservation of especially valuable lands and lands of specially protected areas of the Russian Federation, according to which changing the intended purpose of valuable agricultural lands, lands occupied by protective forests, other especially valuable lands and lands of specially protected areas for other purposes is limited or prohibited.

7. Payment for land use, according to which the use of land is carried out for a fee, unless otherwise provided by law.

8. Division of land according to 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 the requirements of the law.

9. Distinguishing state ownership of land into property of the Russian Federation, constituent entities of the Russian Federation and municipalities, according to which the legal basis for delimitation is established by federal laws.

10. A differentiated approach to establishing the legal regime of lands, according to which natural, social and other factors should be taken into account when determining their regime.

11. Combination of public interests and legitimate interests of citizens, according to which the regulation of land relations is carried out in the interests of the entire society while ensuring citizens’ guarantees for the free possession, use and disposal of plots belonging to them.

12. Distinguishing the effect of civil law and land law in terms of regulation of relations on land use.

13. State regulation of land privatization.

6. CONCEPT AND GENERAL CHARACTERISTICS OF SOURCES OF LAND LAW

Sources of land law are regulatory legal acts adopted by the competent state authorities and local governments that regulate relations arising from the use of land. Sources of land law are classified: federal acts of the Russian Federation; acts of subjects of the Russian Federation; acts of local governments, as well as laws and by-laws.

The main normative act that defines the constitutional foundations of land relations is the Constitution of the Russian Federation, in which two groups of norms are distinguished:

1) norms directly regulating land relations (Articles 9, 36 of the Constitution of the Russian Federation);

2) other articles of the Constitution of the Russian Federation indirectly regulate land relations (Articles 42, 58, 2, 17, 18,45). The RF LC is a codified normative act regulating land relations. At the end of October 2001, the Land Code of the Russian Federation was adopted and entered into force.

On July 24, 2002, the Federal Law "On the turnover of agricultural land" was adopted, which is designed to ensure the implementation of constitutional norms on private ownership of land, as well as to streamline relations in the field of state management of land resources in terms of disposing of land of priority categories, which are agricultural land.

Property relations arising from the use of land are regulated by the norms of civil legal acts (Civil Code of the Russian Federation). In ch. 17 of the Civil Code of the Russian Federation proposes rules that directly regulate land relations. Land and objects firmly connected with it are declared real estate.

Property relations arising from the use of land are also regulated by land legal regulations: decrees of the President of the Russian Federation; Presidential Decree of March 7, 1996 “On the implementation of the constitutional rights of citizens to land”, etc.) and decrees of the Government of the Russian Federation (Decree of the Government of the Russian Federation of August 25, 1992 “On improving the maintenance of the state land cadastre”, etc.).

The sources of land law include acts of other branches of legislation.

The relationship of land and other natural resources - bowels, forests, waters, the natural environment as a whole - predetermines the existence of norms that regulate relations related to land in the sources of water, forestry, mining, environmental law (in the Federal Law "On Subsoil" 1994 d. the right of the owner of a land plot to extract minerals located within the boundaries of this plot is determined).

The legal norms related to the regulation of land relations are contained in the sources of administrative and criminal law - measures of responsibility for committing land offenses; housing law - norms on the right of citizens to receive a land plot for housing construction, etc.

A special place among the sources of land law is occupied by international bilateral agreements relating to land relations, concluded in the prescribed manner or approved by the competent state body of the Russian Federation, agreements concluded by the Russian Federation with its subjects.

This group also includes model contracts that allow revealing the content of land and legal norms, various sanitary norms and rules.

Legal acts of individual significance, i.e., acts of application of law (decision of the local administration addressed to a specific citizen or organization) are not sources of land law.

Resolutions adopted by the Plenum of the Supreme Arbitration Court and the Supreme Court of the Russian Federation containing guiding explanations to the courts on the application of land legislation and the resolution of land disputes are also not considered.

7. TYPES OF SOURCES OF LAND LAW

Under sources of land law is understood as a special form of expression of the rules of conduct, making them obligatory. Sources of land law are legal forms that operate with different efficiency and express signs of legal relations.

Types of sources of law may be the following:

1) the Constitution of the Russian Federation;

2) legal custom;

3) a regulatory act;

4) guiding decisions of the plenums of the Supreme Court of the Russian Federation, the Presidium of the Supreme Arbitration Court of the Russian Federation, the Constitutional Court of the Russian Federation, which are taken into account by lower courts;

5) religious texts;

6) ideas and doctrines;

7) general principles;

8) contracts.

The most characteristic way of legal regulation for Russia has always been a normative act, which was determined by the scale, centralization and multinationality of the state, the desire to ensure uniformity of law enforcement. The rule of law is understood as a general (not personalized) rule of conduct, binding on citizens and officials, established by an authorized body. The rule of law is not a statement of fact, not a recommendation, not a wish, not an appeal, but a command that has a categorical character, a prescription backed by the authority of the law, the state. A normative act should not be exhausted by execution, it operates continuously and, as a rule, is designed for an indefinite number of cases. Normative acts constitute a hierarchical system or a pyramid of subordinate links, where their legal force depends on the place and competence of the body that adopts the act. Among normative acts, there are laws and by-laws subordinate to them. The latter include both acts of state bodies and acts of local governments.

The ruling decisions of the higher courts are binding on the lower courts. Resolutions of the Constitutional Court of the Russian Federation are binding and final for execution. Decisions of the plenums of the Supreme Court of the Russian Federation, the Presidium of the Supreme Arbitration Court of the Russian Federation are necessarily taken into account when deciding on the case by lower courts of general jurisdiction and arbitration courts.

Ideas and doctrines, i.e., the opinions of leading legal scholars, take part in the formation of law in a number of states, being reflected in legislation. In the Romano-Germanic legal family, the main provisions of law were formulated within the walls of the university. Islamic law based on the principles of Islam largely depends on the conclusions of ancient and modern interpreters of the religious texts of the Koran - the holy book that collected the teachings, speeches and commandments of Allah, and the Sunnah - a collection of the biography of the Prophet Muhammad, on the opinions of prominent jurists. Taking into account the spread of the Muslim religion in a number of constituent entities of the Russian Federation, this side should not be ignored, especially in the field of equitable organization of land use.

General principles of law - these are fundamental principles that can be applied directly in cases of gaps in legislation, and are also starting points in the formation of legal norms.

Contracts - these are agreements between participants in land relations that can establish rights and obligations, rules of conduct that are mandatory for the subjects of land relations.

8. LAND LEGISLATION

Land legislation - this is a system of normative acts of the Russian Federation, subjects of the Russian Federation that regulate land relations. Land legislation in accordance with Art. 72 of the Constitution of the Russian Federation is under the joint jurisdiction of the Russian Federation and its subjects.

The basis of land legislation is: the Civil Code (parts 1, 2), the Water Code of the Russian Federation, the Housing Code of the Russian Federation, the Tax Code (part 2), the Law on State Registration of Rights to Real Estate and Transactions with It, the Law on Peasant (Farmer) farm, the Law on personal subsidiary plots, the Law on land management, the Law on payment for land, the Law on environmental protection, the Land Code of the Russian Federation, the Forest Code of the Russian Federation, the Law on the turnover of agricultural land, the Code of the Russian Federation on administrative offenses.

The adoption and interaction of acts of land legislation is based on the norms of the Constitution. According to Art. 72 of the Constitution of the Russian Federation, land legislation, legislation on natural resources, as well as other branches of legislation mentioned in this article, are under the joint jurisdiction of the Russian Federation and its subjects. According to Art. 76 of the Constitution establishes the relationship of normative acts. Thus, federal laws and laws adopted in accordance with them and other normative legal acts of the constituent entities of the Russian Federation are issued on subjects of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation. Federal laws cannot contradict federal constitutional laws. Laws and other regulatory legal acts of the constituent entities of the Russian Federation cannot contradict federal laws adopted in accordance with Parts 1 and 2 of Art. 76 of the Constitution of the Russian Federation. In the event of a conflict between a federal law and another act issued by a constituent entity of the Russian Federation, the federal law shall apply. In the event of a conflict between a federal law and a regulatory legal act of a constituent entity of the Russian Federation, the regulatory legal act of a constituent entity of the Russian Federation shall apply.

Subjects of the Russian Federation have the right to exercise their own legal regulation on the subjects of joint jurisdiction before the adoption of federal laws. After the adoption of the relevant federal law, laws and other regulatory legal acts of the constituent entities of the Russian Federation shall be brought into line with this federal law within 3 months.

The Government Commission for the development of normative legal acts in the field of reforming and regulating land relations has been established and is actively functioning.

Today, not all land problems have been finally resolved by legislative means. This applies to the procedure for the purchase or lease of land, their prices, the combination of the structure and the land on which it is located or which is necessary for its use and maintenance.

On the basis of and in pursuance of the Land Code of the Russian Federation, local governments, within their powers, may issue acts containing norms of land law.

Citizens, public organizations, associations and bodies of territorial public self-government have the right to participate in the consideration of issues related to the withdrawal (purchase) for state and municipal needs and the provision of land and affecting the interests of the population.

The norms of land law included in the normative legal acts of other branches of legislation must comply with the Land Code of the Russian Federation.

9. LAND CODE OF THE RUSSIAN FEDERATION - THE MAIN SOURCE OF LAND LAW

Of great importance among the sources of land law are normative acts of higher legal force - laws.

Land legislation is a system of normative acts of the Russian Federation, subjects of the Russian Federation that regulate land relations. Land legislation consists of the Land Code of the Russian Federation, other federal laws and the laws of the constituent entities of the Russian Federation adopted in accordance with them. The main norms of land law are contained in the Land Code of the Russian Federation, which is based on the norms of the Constitution of the Russian Federation. The norms of land law contained in other federal laws, laws of the subjects of the Russian Federation must comply with the Land Code of the Russian Federation.

Land relations can also be regulated by decrees of the President of the Russian Federation, which should not contradict the Land Code of the Russian Federation, federal laws. The Government of the Russian Federation makes decisions regulating land relations, within the limits of the powers determined by the Land Code of the Russian Federation, federal laws, as well as decrees of the President of the Russian Federation regulating land relations. On the basis of and in pursuance of the Land Code of the Russian Federation, federal laws, other regulatory legal acts of the Russian Federation, laws of the constituent entities of the Russian Federation, executive authorities of the constituent entities of the Russian Federation, within their powers, may issue acts containing norms of land law.

Based on and in pursuance of the Land Code of the Russian Federation, federal laws, other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, local governments, within their powers, may issue acts containing norms of land law.

The Constitution of the Russian Federation establishes the relationship of normative acts. On subjects of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, federal laws and laws and other regulatory legal acts of the constituent entities of the Russian Federation adopted in accordance with them are issued. Laws and other regulatory legal acts of constituent entities of the Russian Federation cannot contradict federal laws. In the event of a contradiction between a federal law and another act issued by a constituent entity of the Russian Federation, the federal law shall apply. The Constitution of the Russian Federation and the Land Code of the Russian Federation establish what issues should be regulated by federal laws. In accordance with Art. 36 of the Constitution of the Russian Federation, the conditions for using land are determined on the basis of federal law. According to the Land Code of the Russian Federation, a significant number of issues are subject to regulation only by federal laws.

The regulation of land relations is in contact with the regulation of the use of natural resources, buildings, structures and other real estate. The RF LC defines the conditions for the interaction of its norms and the norms of other legal acts. Special legislation is applied to relations on the use and protection of subsoil, waters, forests, wildlife and other natural resources, environmental protection, protection of specially protected natural territories and objects, protection of atmospheric air and protection of objects of cultural heritage of peoples. The norms of other branches of legislation apply to land relations if these relations are not regulated by land legislation.

Property relations with land plots, as well as transactions with them, are regulated by civil law, unless otherwise provided by land, forestry, water legislation, subsoil legislation, environmental protection, special federal laws.

10. MODERN LAND REFORM IN THE RUSSIAN FEDERATION

Land reform - this is a set of economic, organizational, socio-political, legal measures that were aimed at transforming land relations. The main stages of the land reform were: land inventory; transfer of land into ownership, lease; formation of an appropriate legal framework.

The transition from a planned-administrative economy to a market one required transformations in the field of land relations. The structure of land resources that developed in Soviet times and the system of land legal relations in market conditions could not ensure the efficient use of land resources, which objectively required reform.

Laws were adopted aimed at the formation of various forms of ownership of land, the activation of the circulation of land resources, and the increase in the efficiency of their use. Particularly noteworthy is the adoption of the Land Code of the Russian Federation of October 25, 2001, which approved the principles of land legislation. The Land Code of the Russian Federation laid the foundations for land management, the state land cadastre and land control, payment and liability for land use, as well as the foundations of legal relations in the field of management and disposal of land resources in the interests of the life of citizens living in the territory of the Russian Federation.

The land reform in the Russian Federation is being carried out with a delay in terms, there has not been a cardinal increase in the efficiency of land use, a qualitative increase in social, investment and productive potential. The reasons for this lag is the discrepancy between the rights to land of economic entities, formalized in the Soviet period, to the new, market conditions. Such a form of law as permanent (perpetual) use of land plots was predominant for most enterprises and organizations.

The Land Code of the Russian Federation and the law on its enactment expressly provide for the obligation of all legal entities (with the exception of state and municipal authorities, state and municipal institutions, as well as state-owned enterprises) to re-register the right of permanent (unlimited) use to the right of ownership or lease right.

Non-registration of land rights by business entities is due to the following reasons:

▪ lack of incentives for enterprises (including economic and administrative) for such re-registration;

▪ financial costs for land management work, cadastral registration, purchase of plots, registration and registration of rights to them;

▪ the purchase price of the privatized plots, as well as the significant cost of land management work;

▪ lack of necessary scientific, methodological, educational and practical materials and publications on the procedure for re-registration of land rights;

▪ lack of a clear and long-term state policy in the field of redemption prices and rent for land;

▪ the likelihood of another postponement of re-registration.

As a result of the reforms, the monopoly of state ownership of land was eliminated, agricultural enterprises were reorganized, peasant (farm) enterprises appeared, a land redistribution fund was created, and the principle of payment for land use was introduced.

11. CONCEPT AND TYPES OF LAND RELATIONSHIPS

Land legal relations - these are relations on the use and protection of land as the basis for the life and activities of the peoples living in the relevant territory (land relations), regulated by the norms of land law. Land legal relations are relations between authorities, local governments, individuals and legal entities.

Types of land relations are: regulatory; law enforcement, substantive and procedural legal relations.

Regulatory legal relations are the performance by the participants of the relations of positive actions. These relations arise in the practical implementation of land relations.

Law enforcement legal relations arise in connection with offenses when there is a need for legal action in response to a violation of land legislation or in the event of a threat of an offense.

Material legal relations are relations arising on the basis of the norms of land law, establishing the essential rights and obligations of participants in land legal relations.

Procedural legal relations are relations that arise on the basis of procedural law, provide for the procedure for filing applications, requests for granting rights to land plots, rules for appealing against decisions of competent authorities in the field of land relations, and procedures for resolving land disputes.

Grounds for the emergence, change and termination of land legal relations are legal facts, i.e. circumstances entailing legal consequences in accordance with the law. Rights to land as an object of immovable property are subject to state registration and, accordingly, arise, change and terminate from the moment of registration of the relevant rights.

Plots that are in state or municipal ownership may be provided for private ownership of citizens and legal entities. The right of permanent (perpetual) use, lifetime inheritable possession, free fixed-term use of a land plot in state or municipal ownership is granted on the basis of a decision of the authorized body.

Grounds for termination of land legal relations. Grounds for termination of ownership: when the owner alienates his land plot to other persons, the owner renounces the right of ownership of the land plot.

Grounds for termination of the right of permanent (perpetual) use of the site, the right of lifetime inheritable possession: refusal of the land user from their right.

The lease of a land plot is terminated on the grounds provided for by civil law.

Free fixed-term use is terminated by decision of the person who provided the site, or by agreement of the parties: after the expiration of the period for which it was provided; when the land user renounces his right.

A private easement is terminated on the grounds provided for by civil law. A public easement terminates if there is no public need for which it was established.

The grounds for the termination of land legal relations may be the forced seizure of a land plot.

12. OBJECTS OF LAND RELATIONS

The objects of land legal relations are: land as a natural object and natural resource; land; parts of land.

Earth as a natural object and natural resource can act as an object of land relations in general. The allocation of land as a natural object is associated with relations for the protection of land and control over compliance with the requirements for the protection and rational use of land. The essence and specifics of the inclusion of land in the legal circulation as a whole are determined by the principles of land legislation established by the Land Code of the Russian Federation, and the content of land relations.

Land plot as an object of land relations, it is a part of the earth's surface (including the soil layer), the boundaries of which are described and certified in the prescribed manner. This concept of a land plot should be considered the main one for the inclusion of a land plot in land-legal relations. Definitions of a land plot contained in other regulations, including federal laws, must comply with this concept.

Despite the fact that legal norms can be established in relation to land as a natural object and natural resource, specific land relations in most cases arise regarding a specific land plot - the object of land legal relations. The legislation exposes several essential requirements for the registration of a land plot. The land plot as an object of relations must be individually defined. This means that it must have boundaries defined in accordance with the law and fixed in title and other documents. About the land plot, its location, area, purpose, permitted use must also be known. Actions for the formation of land plots form the basis of land management activities regulated by the norms of both the Land Code of the Russian Federation and the Federal Law "On Land Management". Data on plots are taken into account in accordance with the established requirements for maintaining the state land cadastre. Separate conditions for the formation of a land plot are established by the Land Code of the Russian Federation.

Land may be divisible or indivisible. Divisible is a land plot that can be divided into parts, each of which, after the division, forms an independent land plot, the permitted use of which can be carried out without transferring it to another category of land, except for cases established by federal laws. In accordance with Art. 133 of the Civil Code of the Russian Federation, a thing is recognized as indivisible, the division of which in kind is impossible without changing its purpose.

Lands in the Russian Federation according to their intended purpose are divided into the following categories:

▪ agricultural land;

▪ lands of populated areas;

▪ lands of industry, energy, transport, communications, radio broadcasting, television, computer science, lands for space activities, defense lands, security lands and lands for other special purposes;

▪ lands of specially protected areas and objects;

▪ forest lands;

▪ water fund lands;

▪ reserve lands.

At the same time, the inclusion of land, land plots in civil law circulation does not detract from their importance as a natural object, a natural resource.

13. SUBJECTS AND CONTENT OF LAND RELATIONSHIPS

Subjects of land legal relations are citizens, legal entities, the Russian Federation, subjects of the Russian Federation, municipalities. Citizens, subjects of land relations, in this case, should be understood as citizens of the Russian Federation, as well as foreign citizens and stateless persons (i.e., individuals). The rights of foreign citizens, stateless persons and foreign legal entities to acquire ownership of land plots are determined in accordance with the Land Code of the Russian Federation and federal laws. Foreign citizens and legal entities are subject to all norms of land legislation, except for cases when a special regime is established for them. For example, according to the Federal Law on the circulation of agricultural land, agricultural land can only be provided to foreign entities on lease.

The powers of the Russian Federation, subjects of the Russian Federation, municipalities are determined in accordance with the Land Code of the Russian Federation and other regulations governing land relations. In Art. 9-11 of the Land Code of the Russian Federation establishes the basis for the powers of the Russian Federation, subjects of the Russian Federation, municipalities in land relations. The entry of public entities into land ownership relations, including transactions, is carried out taking into account the specifics established by civil law.

Subjects of land relations are:

1) owners of land plots;

2) land users - persons who own and use land plots on the right of permanent (indefinite) use or on the right of gratuitous fixed-term use;

3) landowners - persons who own and use land plots on the right of lifelong inheritable ownership;

4) tenants of land plots - persons who own and use land plots under a lease agreement or sublease agreement;

5) easement holders - persons who have the right to limited use of other people's land plots (easement).

The content of land legal relations is the interconnected rights and obligations of participants in land relations, implemented by them by performing certain actions or refraining from performing these actions specified in the legislative act. They depend on their legal status, characteristics of the object, type, subtype of relationship. Subjective land rights and legal obligations of legal entities are determined in accordance with the charter and are special. Subjective rights and legal obligations of other participants in land legal relations - individuals - depend on the presence or absence of Russian citizenship. Relations regarding the use and protection of subsoil, water, forests, wildlife and other natural resources, environmental protection, protection of specially protected natural areas and objects, protection of atmospheric air and protection of objects of cultural heritage of peoples are applied accordingly to the legislation on subsoil, forestry, and water legislation. , legislation on wildlife, on the protection and use of other natural resources, on environmental protection, on the protection of atmospheric air, on specially protected natural areas and objects, on the protection of cultural heritage sites of peoples, special federal laws.

The norms of these branches of legislation apply to land relations if these relations are not regulated by land legislation. Property relations for the possession, use and disposal of land plots, as well as for transactions with them, are regulated by civil law, unless otherwise provided by land, forestry, water legislation, subsoil legislation, environmental protection, special federal laws.

14. GROUNDS FOR ORIGIN AND TERMINATION OF LAND LEGAL RELATIONS

Land relations - these are relations on the use and protection of lands as the basis of life and activity of the peoples living in the corresponding territory.

The grounds for the emergence, change and termination of land legal relations are legal facts, i.e. circumstances entailing legal consequences in accordance with the law. So, according to Art. 8 of the Civil Code of the Russian Federation, which is also applicable to land relations, civil rights and obligations arise from the grounds provided for by law and other legal acts, as well as from the actions of citizens and legal entities that give rise to civil rights and obligations.

Civil rights and obligations arise, in particular:

▪ from contracts and other transactions provided for by law, as well as from contracts and other transactions that do not contradict the law;

▪ from acts of state bodies and local governments;

▪ from a court decision;

▪ as a result of the acquisition of property on grounds permitted by law;

▪ due to other actions of citizens and legal entities;

▪ due to events with which the law or other legal act associates the occurrence of civil consequences.

Due to the specifics of land relations, in most cases, the basis for their occurrence is not an agreement, but an administrative act.

Rights to land as an object of immovable property are subject to state registration and, accordingly, arise from the moment of registration of the relevant rights to a land plot.

The rights to land plots arise on the grounds established by civil law. Plots that are in state or municipal ownership may be provided for private ownership of citizens and legal entities. The right of permanent (unlimited) use, lifelong inheritable possession, gratuitous fixed-term use of a site that is in state or municipal ownership is granted on the basis of a decision of an authorized state or municipal body.

Grounds for termination of the right of permanent (unlimited) use of a land plot, the right of lifetime inheritable possession: the refusal of the land user from their right or due to forced withdrawal.

The lease of a land plot is terminated on the grounds provided for by civil law.

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

A private easement is terminated on the grounds provided for by civil law. A public easement terminates if there is no public need for which it was established.

Allocate also withdrawal of the ground areas for the state or municipal needs, confiscation and requisition of a site.

15. LAND OWNERSHIP

The Constitution of the Russian Federation (Art. 9, 36) established that land and other natural resources may be in private, state, municipal and other forms of ownership.

Object of land ownership - land plot (part of the earth's surface, including the soil layer, the boundaries of which are described and certified in the prescribed manner).

Contents of land ownership. The owner has the right to own, use and dispose of his property.

Ownership land means owning it as if it were your own.

Use a land plot is an opportunity to extract its useful properties: to place buildings and structures on it, to grow agricultural products, etc. The owners of land plots have the right to use for their own needs both the surface of the land plot, its soil cover, and the common useful fossils, fresh underground waters, closed reservoirs. In this case, the site must be used in accordance with the intended purpose, depending on the category of land and permitted use. The owner of the site is obliged to take measures to protect the land, comply with the requirements of urban planning regulations, construction, environmental, sanitary, fire and other rules, prevent pollution, littering, degradation and deterioration of soil fertility.

Disposal plot is an opportunity for the owner to determine its legal fate. The owner has the right to alienate the land plot into the ownership of other persons (donate, sell, exchange, bequeath, transfer as a contribution to the authorized capital of commercial organizations, etc.), as well as transfer the rights of possession, use and disposal of the land, give it as a pledge and etc.

Grounds for the emergence and termination of ownership of land plots. Land plots in state or municipal ownership may be provided to individuals and legal entities, with the exception of land plots that, in accordance with federal laws, cannot be privately owned. Ownership of land plots arises from the moment of state registration.

The right of ownership is terminated when the owner alienates his plot to other persons, the owner renounces the right of ownership, due to forced withdrawal.

private property are land plots acquired by citizens and legal entities on the grounds provided for by the legislation of the Russian Federation.

State ownership of land.

State property is land that is not owned by citizens, legal entities or municipalities. State property is considered to be property owned by the right of ownership of the Russian Federation (federal property), and property owned by the right of ownership of the subjects of the Russian Federation.

Municipal ownership of land.

Municipal property is property owned by the right of ownership to municipalities.

The rights of the owner on behalf of the Russian Federation, subjects of the Russian Federation and municipalities are exercised by authorized bodies within their competence.

16. LIMITATION OF LAND RIGHTS

Rights to land may be limited on the grounds established by federal laws. Restriction of rights to land is subject to state registration in the manner prescribed by the Law "On State Registration of Rights to Real Estate and Transactions with It". Restrictions on land rights are mainly understood as restrictions on the use of land plots, and their list is not exhaustive.

In particular, the following are provided restrictions on land rights:

1) special conditions for the use of land plots and the mode of economic activity in security, sanitary protection zones;

2) special conditions for the protection of the environment, including flora and fauna, monuments of nature, history and culture, archaeological sites, preservation of the fertile soil layer, natural habitat, migration routes of wild animals;

3) conditions for the commencement and completion of building or development of a land plot within the established time limits according to a duly agreed project, construction, repair or maintenance of a motor road (section of a motor road) upon granting rights to a land plot that is in state or municipal ownership;

4) other restrictions in cases established by federal laws.

Restrictions on the rights to land are established by acts of the executive bodies of state power, acts of local governments or a court decision for an indefinite period or for a fixed period. These restrictions on rights may be challenged by the person whose rights are limited in court. Restrictions remain when the ownership of the land plot is transferred to another person.

Restrictions on land rights in connection with the reservation of lands for state or municipal needs. The rights of owners of land plots, land users, landowners, tenants of land plots to use land plots (to erect residential, industrial, cultural and other buildings, structures, structures in accordance with the intended purpose of the land plot and its permitted use in compliance with the requirements of town planning regulations, construction , environmental, sanitary and hygienic, fire safety and other rules and regulations; carry out irrigation, drainage, cultural and technical and other reclamation works in accordance with the permitted use, build ponds and other closed reservoirs in accordance with environmental, construction, sanitary and hygienic and other regulations established by law special requirements) may be limited in connection with the reservation of land for state or municipal needs.

The restriction is the establishment of special conditions for the use of sites in areas where certain types of activities are prohibited.

Rights to land can sometimes be granted with certain conditions. A land plot from lands that are in state or municipal ownership can be allocated on a certain right (ownership, lease, etc.) subject to the performance of certain actions. For example, the development of a swampy area, the construction of a road within a certain time frame.

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.

18. MUNICIPAL OWNERSHIP OF LAND

Municipal property is not state property.

municipal property property is considered to be owned by urban and rural settlements, as well as other municipalities. The right of ownership to land plots in municipalities arises from the moment of state registration of the right of ownership to land plots. The basis for state registration of property rights is the acts of the Government of the Russian Federation on the approval of lists of land plots for which municipalities 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 ownership of land.

Land plots are in municipal ownership: which are recognized as such by federal laws and laws of the constituent entities of the Russian Federation adopted in accordance with them; the right of municipal property for which arose during the delimitation of state ownership of land; acquired on the grounds established by civil law. Land plots not granted to private ownership may also be in municipal ownership until the state ownership of land is delimited. In order to ensure their development, municipal formations may be transferred to the ownership of state-owned lands free of charge, including those outside the boundaries of municipal formations.

The territories of municipalities are established in accordance with federal laws and laws of the subjects of the Russian Federation, taking into account historical and other local traditions. The territory of a municipal formation is made up of lands of urban and rural settlements, adjacent common use lands, recreational zones, lands necessary for the development of settlements, and other lands within the boundaries of the municipal formation.

In the constituent entities of the Russian Federation - the cities of federal significance Moscow and St. Petersburg, land plots are not transferred to municipal ownership when delimiting state ownership of land.

The right of municipal ownership of land plots in these constituent entities of the Russian Federation arises when land plots are transferred from the ownership of cities to municipal ownership in accordance with the laws of these constituent entities of the Russian Federation.

It should be noted that land plots recognized as such not only by federal laws, but also by the laws of the constituent entity of the Russian Federation adopted in accordance with them, are in municipal ownership. Regarding the civil law grounds for acquiring municipal ownership of land plots, it should be noted that, unlike state ownership, it can also arise on ownerless land plots abandoned by the owners.

The rights of the owner on behalf of the municipality are exercised by local governments (in cases established by law, other persons on special instructions from local governments, for example, municipal institutions).

Plots that are in municipal ownership may be provided to citizens and legal entities, local governments and non-profit organizations created by them, municipal institutions and unitary enterprises.

19. PRIVATE OWNERSHIP OF LAND

The Constitution of the Russian Federation (Art. 9, 36) established that land and other natural resources may be in private, state, municipal and other forms of ownership.

private property are land plots acquired by citizens and legal entities on the grounds provided for by law.

Object of land ownership - land plot (part of the earth's surface, including the soil layer, the boundaries of which are described and certified in the prescribed manner).

Contents of land ownership.

The owner has the right to own, use and dispose of his property. These powers are applied by the owner with some restrictions.

Ownership land means owning it as if it were your own.

The law also provides for the limitation in some cases of the powers of the owner to dispose of the land. Thus, a list of land plots withdrawn from circulation has been established, as well as special requirements for the procedure for concluding contracts for the sale of land plots.

Grounds and procedure for the emergence of ownership of land plots. Citizens and legal entities have the right to equal access to the acquisition of land plots of ownership. Land plots in state or municipal ownership may be made available to citizens and legal entities, with the exception of land plots that, in accordance with federal laws, cannot be privately owned. Foreign citizens, stateless persons and foreign legal entities cannot own land plots located in border areas or acquire plots of agricultural land.

The right of ownership is terminated when the owner alienates his plot to other persons, the owner renounces the right of ownership, due to forced withdrawal.

20. CONCEPT AND TYPES OF LAND RIGHTS

The legislation provides for the following rights to land.

Right of permanent (perpetual) use land is a property right of persons who are not owners. The right of permanent (unlimited) use of a land plot owned by the state or municipality is granted on the basis of a decision of the authorized state or municipal body.

Citizens or legal entities to which a land plot has been granted for permanent (unlimited) use shall exercise possession and use of this land plot within the limits established by law, other legal acts and the act on granting the land plot.

The right to permanent (indefinite) use of a land plot is terminated if the land user renounces his right to the plot under the conditions and in the manner provided for in Art. 53 of the Land Code of the Russian Federation, or due to forced seizure.

Right of lifetime inheritable possession land plot is a property right of persons who are not owners.

A land plot provided for lifetime inheritable possession remains in state or municipal ownership. The owner of the right of lifetime inheritable possession has the right to transfer the land plot only by inheritance.

The right of lifetime inheritable possession of a land plot shall be terminated when the land user renounces his right to the land plot or by virtue of forced withdrawal.

Servitude - This is the right to limited use of someone else's land. An easement is established to ensure passage and passage through a neighboring land plot, the laying and operation of power lines, communications and pipelines, the provision of water supply and land reclamation, and other needs that cannot be provided without the establishment of an easement.

private easement established in accordance with civil law. An easement is established by agreement between the person requiring the establishment of an easement and the owner of a neighboring plot. In case of failure to reach an agreement on the establishment or conditions of the servitude, the dispute is resolved by the court.

public easement established by laws or regulatory legal acts of the Russian Federation, a constituent entity of the Russian Federation, local governments in cases where this is necessary to ensure the interests of the state, local government or local population, without seizure of land.

When a land plot cannot be used for its intended purpose as a result of an encumbrance with an easement, the owner has the right to demand:

▪ termination of a private easement by court;

▪ withdrawal, including through redemption, of a plot with compensation for losses or the provision of an equivalent plot of land with compensation for losses (public easement).

Right of gratuitous fixed-term use to a land plot is a property right of persons who are not owners. The specified right is terminated by the decision of the person who provided the land plot, or by agreement of the parties: upon 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.

Rights to land are subject to state registration in the manner established for registration of rights to real estate.

21. LIFETIME HERITABLE POSSESSION

Right of lifetime inheritable possession a land plot is a property right of persons who are not owners. Only citizens can have the right of lifetime inheritable possession. The right of lifetime inheritable possession of a land plot owned by the state or municipality, acquired by a citizen prior to the enactment of the Land Code of the Russian Federation, shall be retained. The provision of land plots to citizens on the basis of the right of life-long inheritable possession after the enactment of the Land Code of the Russian Federation is not allowed. Granting to the ownership of citizens of land plots previously granted to them for lifetime inheritable possession is not limited by a period.

The Civil Code of the Russian Federation provides for inheritance by law or by will.

The law "On horticultural, horticultural and dacha non-profit associations of citizens" establishes that "garden, garden and dacha land plots provided to citizens on the basis of the right of lifetime inheritable possession are inherited by law." Consequently, the inheritance of such land plots by will is prohibited.

The Civil Code of the Russian Federation provides for specific features in relation to land plots of peasant (farmer) households. So, in accordance with Art. 258 of the Civil Code of the Russian Federation, a land plot of a peasant (farm) economy is not subject to division, except in cases of termination of the peasant economy. Therefore, if there are several heirs of the right of lifelong inheritable possession, and the plot is not subject to division, then the issue of transferring the right of lifelong inheritable possession of the land plot to one of the heirs and paying the rest compensation for their share is decided.

State registration of the transfer of the right to lifelong inheritable possession of a land plot by inheritance is carried out on the basis of a certificate of the right to inheritance.

Citizens who have land plots in inheritable possession for life have the right to acquire them in their ownership. A citizen has the right to acquire the land plot in his lifetime inheritable possession for free once, free of charge, while the collection of additional amounts of money in addition to the fees established by federal laws is not allowed.

A citizen who has the right of lifetime inheritable possession has the right to own and use a land plot. Unless otherwise follows from the conditions of use of a land plot established by law, the owner of a land plot has the right to erect buildings, structures and create other immovable property on it, acquiring the right of ownership to it.

The owner of a land plot may transfer it to other persons for rent or free fixed-term use.

The sale, pledge of a land plot and the commission by its owner of other transactions that entail or may entail the alienation of a land plot are not allowed.

The right of lifetime inheritable possession of a land plot shall be terminated when the land user renounces his right to the land plot or by virtue of forced withdrawal.

22. PERMANENT (PERMANENT) USE

From the date of entry into force of the Land Code of the Russian Federation, land plots that are in state or municipal ownership are provided for permanent (unlimited) use to state and municipal enterprises, institutions, as well as state authorities and local governments. Other legal entities are obliged to re-register the right of permanent (perpetual) use of land plots for the right to lease land plots or to acquire land plots in ownership. In addition, religious organizations have the right to re-register the right of permanent (unlimited) use to the right of gratuitous fixed-term use.

When selling buildings, structures, structures located on land plots provided to legal entities on the right of permanent (perpetual) use, such a right is subject to re-registration for the right to lease or land plots must be acquired in accordance with the provisions of the Land Code of the Russian Federation at the choice of the buyer of buildings, buildings, structures.

Land plots are not provided to citizens for permanent (perpetual) use. The provision of ownership of land plots previously provided to them for permanent (unlimited) use is not limited by a period.

The right of permanent (unlimited) use of state or municipally owned land plots that arose for citizens or legal entities before the entry into force of the Land Code of the Russian Federation is preserved. Citizens who own land plots on the basis of the right of permanent (unlimited) use have the right to acquire them in their ownership. A citizen has the right to acquire the land plot in his permanent (perpetual) use free of charge once, free of charge, while charging additional amounts of money in addition to the fees established by federal laws is not allowed.

Citizens or legal entities possessing land plots on the right of permanent (unlimited) use are not entitled to dispose of these land plots.

Citizens or legal entities to which a land plot has been granted for permanent (perpetual) use shall exercise possession and use of this land plot within the limits established by law, other legal acts and the act on granting the land plot.

These persons are entitled, unless otherwise provided by law, to independently use the site for the purposes for which it was provided, including the construction of immovable property. Real estate created by a person for himself is his property. Such persons also have the right to transfer this land plot for rent or gratuitous fixed-term use only with the consent of the owner of the plot.

23. RIGHT OF LIMITED USE OF ANOTHER LAND PLOT (SERVICE)

Servitude - This is the right to limited use of someone else's land. The law establishes two types of servitude - private and public. An easement may be temporary or permanent. The exercise of an easement should be the least burdensome.

private easement established in accordance with civil law.

The owner of immovable property (a land plot, other real estate) has the right to demand from the owner of a neighboring land plot, and, if necessary, from the owner of another land plot, granting the right of limited use of the neighboring plot. An easement is established to ensure passage and passage through a neighboring land plot, laying and operating power lines, communications and pipelines, providing water supply and melioration, and other needs that cannot be provided without the establishment of an easement.

An easement may also be established in the interests and at the request of the person to whom the land was granted on the basis of the right of lifetime inheritable possession or the right of permanent (unlimited) use. Encumbrance of a plot with an easement does not deprive the owner of the plot of the rights of possession, use and disposal of this plot.

An easement is established by agreement between the person requiring the establishment of an easement and the owner of a neighboring plot. If an agreement on the establishment or conditions of an easement is not reached, the dispute is resolved by the court at the suit of the person demanding the establishment of the easement. The owner of the site has the right, unless otherwise provided by law, to demand from the persons in whose interests the servitude is established, a proportionate payment.

At the request of the owner of the plot, the easement may be terminated due to the disappearance of the grounds on which it was established. When the land plot cannot be used for its intended purpose as a result of being encumbered with an easement, the owner has the right to demand in court the termination of the easement.

Public servitudes are established for passage or passage through land; for repair purposes; placement of boundary and geodetic signs and entrances to them; carrying out drainage works; water intake and watering place; cattle drive; haymaking or grazing; for the purpose of hunting, fishing, collecting wild plants; temporary use of a land plot for the purpose of survey, research and other work; free access to the coastal strip.

If a public easement leads to the impossibility of using the site, its owner (land user, landowner) has the right to demand the withdrawal, including by way of redemption, of the site with compensation for losses or the provision of an equivalent land plot with compensation for losses.

If a public easement leads to significant difficulties in the use of the site, its owner has the right to demand a commensurate payment.

Easements are subject to state registration in the manner prescribed for registration of rights to real estate.

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.

25. GROUNDS FOR LAND RIGHTS

The rights to land plots arise on the grounds established by civil law. Rights to land plots, as well as transactions with land plots, are subject to state registration.

Land plots that are in state or municipal ownership may be provided for the private ownership of citizens and legal entities. Foreign citizens, stateless persons and foreign legal entities cannot own land plots located in the border areas and acquire land plots from agricultural land.

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

Right of permanent (perpetual) use a land plot in state or municipal ownership is provided on the basis of a decision of an authorized state or municipal body. From the date of entry into force of the Land Code of the Russian Federation, land plots for permanent (unlimited) use are provided only to state and municipal enterprises, institutions, as well as state authorities and local governments.

Right of lifetime inheritable possession can only be owned by citizens. The right to a land plot that is in state or municipal ownership, acquired by a citizen before the entry into force of the Land Code of the Russian Federation, is retained. The provision of land plots to citizens on such a right after the entry into force of the RF LC is not allowed.

В free fixed use land can be provided:

1) from lands owned by state or municipal authorities, by state authorities or local self-government bodies - to state and municipal enterprises, institutions, state authorities and local self-government bodies 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 in state or municipal ownership - to religious organizations.

private easement is established by agreement between the person requiring the establishment of an easement and the owner of a neighboring plot.

public easement is established by laws or regulatory legal acts of the Russian Federation, a constituent entity of the Russian Federation, local governments in cases where this is necessary to ensure the interests of the state, local government or local population.

Land plots can be provided by their owners in rent under a lease agreement.

26. GROUNDS FOR TERMINATION OF LAND RIGHTS

Grounds for termination of ownership: in case of alienation by the owner of his land plot to other persons, refusal of the owner of the right of ownership to the land plot, due to forced withdrawal from the owner of his land plot.

Grounds for termination of the right of permanent (unlimited) use of a land plot, the right of lifelong inheritable possession: refusal of the land user from their right to a land plot or due to forced withdrawal.

Grounds for termination of land lease. The lease of a land plot is terminated on the grounds and in the manner provided for by civil law.

Termination of the lease on the initiative of the lessor is not allowed: during the period of field agricultural work; in other cases established by federal laws.

Grounds for termination of the right to free temporary use of a land plot. This right is terminated by the decision of the person who provided the land plot, or by agreement of the parties: upon the expiration of the period for which the plot was provided; when the land user refuses his right or due to forced seizure.

These rights are terminated forcibly:

1) when using a land plot not in accordance with its intended purpose and belonging to a particular category of land;

2) use of a land plot in ways that lead to a significant decrease in the fertility of agricultural land or a significant deterioration of the environmental situation;

3) non-elimination of the following land offenses committed intentionally:

▪ poisoning, contamination, damage or destruction of fertile soil layer;

▪ violation of the regime of use of lands of specially protected natural areas, lands of environmental, recreational purposes, lands of historical and cultural purposes, especially valuable lands, other lands with special conditions of use;

▪ systematic failure to implement measures to improve land, protect soils from wind and water erosion and prevent other processes that worsen the condition of soils;

▪ systematic failure to pay land tax;

4) non-use of a land plot intended for agricultural production or housing or other construction for the specified purposes;

5) withdrawal of a land plot for state or municipal needs;

6) requisition of a land plot;

7) in other cases provided for by federal laws.

Grounds for termination of easement. A private easement is terminated on the grounds provided for by civil law. A public easement is terminated if there are no public needs for which it was established.

Grounds for termination of land rights are also:

1) withdrawal, including by redemption, of land plots for state or municipal needs in connection with the circumstances in the manner and under the conditions provided for by federal laws;

2) land confiscation - gratuitous seizure by court decision in the form of a sanction for committing a crime;

3) land requisition - temporary withdrawal in order to protect the interests of citizens, society and the state from threats arising in connection with emergency circumstances.

27. LEGAL REGULATION OF LAND TRANSACTIONS

The conditions for the turnover of land plots are defined in the Constitution of the Russian Federation, guarantees of ownership of citizens' rights to land, the principle of equal protection of all its forms are established.

Land transactions governed primarily by civil law. The main provisions of civil law define the principles and sources, the rules for the emergence of civil rights and obligations, their implementation and protection.

Some issues of land transactions, contractual relations and civil turnover are regulated by the norms of the Land Code of the Russian Federation, other federal laws, laws of the constituent entities of the Russian Federation, decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation. Issues relating to the conclusion, execution and termination of transactions may be determined by acts of ministries and departments.

The Land Code of the Russian Federation of October 25, 2001 is of great importance for the legal regulation of land relations. Land legislation is a system of regulations of the Russian Federation and constituent entities of the Russian Federation regulating land relations. Land legislation consists of the Land Code of the Russian Federation, other federal laws and laws of constituent entities of the Russian Federation adopted in accordance with them. The basic norms of land law are contained in the Land Code of the Russian Federation, which is based on the norms of the Constitution of the Russian Federation. The norms of land law contained in other federal laws and laws of constituent entities of the Russian Federation must comply with the Land Code of the Russian Federation.

Property relations with land plots, for making transactions with them, are regulated by civil law, unless otherwise provided by land, forestry, water legislation, subsoil legislation, environmental protection, special federal laws.

28. LEGAL REGULATION OF THE PURCHASE AND SALE OF LAND PLOTS

For transactions of sale and purchase of land plots general rules on the purchase and sale agreement, special rules on the real estate purchase and sale agreement established by land legislation.

The form of the sale and purchase transaction can be simple or notarized (at the request of the parties), since civil law does not provide for mandatory notarization of the contract for the sale of a land plot. Mandatory notarial certification of transactions with land plots is provided only for contracts of rent and life maintenance with dependents. Failure to comply with the legally established form of a transaction for the alienation of a land plot shall entail its invalidity.

Mandatory state registration of a land plot alienation agreement is provided only for a land plot donation agreement and a rent agreement providing for the alienation of a land plot against payment of rent.

Other contracts for the alienation of land plots in themselves are not subject to mandatory state registration. However, state registration of the transfer of ownership from the seller to the buyer is mandatory.

It should also be borne in mind that when notarizing transactions with land plots, the principle of exclusive territorial competence applies, i.e. the notarization of the contract must be carried out in the appropriate notary district (at the location of the land plot).

The object of sale and purchase can only be a land plot that has passed the state cadastral registration, i.e. the contract of sale must contain the cadastral number and address (location) of the land plot. As a rule, the address of a land plot is indicated as a postal address or other generally accepted description of the location of the plot, which makes it possible to accurately determine the object (land plot) on the territory of the corresponding registration district. The area of the site must be indicated according to the title documents (certificate, act of a state or municipal body, other document). The cadastral number of the land plot includes the following data: the number of the cadastral district; number of the cadastral region; number of the cadastral quarter; number of the land plot in the cadastral quarter.

All land plots located on the territory of the Russian Federation are subject to state cadastral registration, regardless of the form of land ownership, intended purpose and permitted use of land plots.

The final document confirming the cadastral registration of a particular land plot is a cadastral map (plan) of the land plot, containing graphic and textual forms of reproduction of information contained in the state land cadastre.

The cadastral map (plan) contains: the cadastral number of the land plot; location (address) of the land plot; land area; land category and permitted use of the land plot; description of the boundaries of the site and their individual parts; economic characteristics of the site, including the amount of payment for the land; qualitative characteristics of the site, including indicators of the state of fertility for certain categories of land; the presence of real estate objects (buildings, structures, structures) on the land plot; registered property rights to a land plot; restrictions (encumbrances) of rights to a land plot registered in the prescribed manner.

29. BIDDING

Bidding may take the form of a competition or an auction. The choice of the form of bidding is determined by the purpose of their conduct.

Auctions и Competitions may be open or closed. The subject of tenders (competitions, auctions) may be a land plot with established boundaries or the right to conclude a lease agreement for such a land plot.

Bidding is a way to sell property and a way to conclude a contract. Bidding is a one-sided transaction of the seller. At the same time, the seller undertakes to organize and conduct an auction, conclude a contract for the sale (lease) of a land plot with the person who will be the winner of the auction.

The provision of a plot of land that is in state or municipal ownership, into ownership or lease, is carried out at auction. The seller of a land plot or the right to conclude a lease agreement for such a plot is an executive body of state power or a local self-government body. The owner or a specialized organization acting on the basis of an agreement with him acts as the organizer of the auction.

The authorized body (special commission) determines the form of bidding (tenders, auctions), the initial price of the subject of bidding (tenders, auctions) and the amount of the deposit. An auction is held in cases where the purpose of the auction is to obtain the highest price for the provided land. Tenders are held in cases where the purpose of the auction is the most favorable conditions for the use of the land. For example, increasing soil fertility, implementing socially significant programs.

Any persons who have submitted applications participate in open auctions, and only those persons who are specially invited for this purpose participate in closed auctions.

Provision of land for construction in the property without prior approval of the location of objects is carried out exclusively at the auction.

The procedure for providing a land plot for construction without prior approval of the location of the facility:

1) carrying out work on the formation of a land plot:

▪ preparing a draft of the boundaries of a land plot and establishing its boundaries on the ground;

▪ determination of the permitted use of the land plot;

▪ determination of technical conditions for connecting objects to utility networks;

▪ making a decision to hold tenders or provide land plots without holding tenders;

▪ publication of a notice about holding tenders or accepting applications for the provision of land plots without holding tenders;

2) state cadastral registration of the land plot;

3) holding tenders for the sale of a land plot or the sale of the right to conclude a lease agreement for a land plot or the provision of a land plot for rent without holding an auction based on an application from a citizen or legal entity. The transfer of land plots for lease without holding tenders is allowed subject to the preliminary and advance publication of a notice on the availability of land plots proposed for such transfer if there is one application;

4) signing a protocol on the results of the auction or signing a lease agreement for a land plot as a result of providing a plot without holding an auction.

30. EXCHANGE AND GIFT OF LAND

Exchange of land. Under an exchange agreement, each party undertakes to transfer one plot of land into the ownership of the other party in exchange for another. The rules on the purchase and sale of land plots are applied accordingly to the exchange agreement, unless this contradicts the special rules and the essence of the exchange. In this case, each party is recognized as the seller of the goods, which it undertakes to transfer, and the buyer of the goods, which it undertakes to accept in exchange. As a result of an agreement for the exchange of land plots, ownership of them is transferred.

The basic rules for the sale and purchase of land plots, which are considered as real estate, are established by civil law. Rules on the sale and purchase of land are also contained in the land legislation.

an object of exchange there can be only land plots that have passed the state cadastral registration. When concluding an exchange agreement, the parties are obliged to provide each other with the information they have about the encumbrances of the land plot and restrictions on its use.

The following conditions of the land exchange agreement are invalid:

▪ establishing the right of the seller to buy the land plot back at his own request;

▪ restricting further disposal of the land plot, including restrictions on mortgages, transfer of land plots for rent, and other transactions with land;

▪ limiting the seller’s liability in the event of claims of rights to land plots by third parties.

The buyer in the event that the seller provides him with knowingly false information about the encumbrances of the land plot and restrictions on its use in accordance with the permitted use; on permission to build this land; on the use of neighboring land plots, which has a significant impact on the use and value of the land plot being sold; on the qualitative properties of the land that may affect the intended use of the buyer and the value of the land sold; other information that may influence the decision of the buyer to purchase this land plot and the requirements for the provision of which are established by federal laws, has the right to demand a reduction in the purchase price or termination of the contract for the sale of the land plot and compensation for losses caused to it.

Donation of land. Under a gift agreement, one party (donor) transfers or undertakes to transfer ownership of a land plot to the other party (donee) free of charge.

If there is a counter transfer of a thing or right or a counter obligation, the contract is not recognized as a donation. The rules applicable to imaginary, sham transactions apply to such an agreement.

A promise to transfer a land plot free of charge to someone is recognized as a donation agreement and binds the promiser if the promise is made in the proper form and contains a clearly expressed intention to transfer the plot free of charge in the future.

A promise to donate all of one's property or a part of all one's property without specifying the specific subject of the donation - a land plot - is void. An agreement providing for the transfer of a gift to the donee after the death of the donor is void.

31. RENTAL OF LAND

Land plots can be leased on the basis of a contract. General provisions on the lease agreement are established by the Civil Code of the Russian Federation. Features of the lease of land plots are determined by land legislation.

Under a lease agreement, the lessor undertakes to provide the lessee with property (land) for a fee for temporary possession and use. The fruits, products and incomes received by the tenant as a result of the use of the land plot in accordance with the contract are his property. The tenant also has separate rights to dispose of the leased land - he can sublease it.

Tenant can be any natural or legal person. At the same time, foreign citizens, stateless persons may have land plots located within the territory on the right of lease, except as otherwise provided by law.

Landlords can only be owners of land plots, as well as persons authorized by law or the owner.

The lease agreement is concluded for a period specified in the agreement. If the lease term is not specified in the agreement, the lease agreement is considered concluded for an indefinite period.

Land plots that are in state or municipal ownership are provided for a period of 49 years (the maximum (limit) period).

Upon the expiration of the term of the lease agreement for a land plot, its tenant has a pre-emptive right to conclude a new lease agreement for a land plot, except in cases of transfer of rights to immovable property located on this land plot.

The amount of rent is determined by the lease agreement. The general principles for determining the lease payment for the lease of land plots owned by the state or municipal authorities are established by the Government of the Russian Federation.

A land plot may be leased out for state or municipal needs or for survey work for a period not exceeding one year.

When selling a land plot that is in state or municipal ownership, the tenant of this land plot has the pre-emptive right to purchase it in the manner established by civil law for cases of sale of a share in the right of common ownership to an outsider.

When renting a land plot that is in state or municipal ownership for a period of more than five years, the tenant of the land plot has the right, within the term of the land plot lease agreement, to transfer his rights and obligations under this agreement to a third party without the consent of the owner of the land plot, subject to notification. Changing the terms of the lease agreement without the consent of its tenant and limiting the rights of its tenant established by the lease agreement are not allowed. Early termination of a lease agreement for a land plot concluded for a period of more than five years, at the request of the lessor, is possible only on the basis of a court decision in case of a material breach of the land lease agreement by its tenant.

In case of inheritance of land plots by persons who have not reached the age of majority, their legal representatives may lease these land plots for a period until the heirs reach the age of majority.

32. INHERITANCE OF LAND

The land plot owned by the testator by right of ownership or the right of lifetime inheritable possession of the land plot shall be included in the inheritance and inherited on a general basis. To accept an inheritance, which includes a land plot, special permission is not required.

RџSЂRё land inheritance or rights of lifelong inheritable possession of a land plot the surface (soil) layer, water bodies, plants located on it, located within the boundaries of this land plot, also pass by inheritance, unless otherwise provided by law.

The Civil Code of the Russian Federation provides for inheritance by law or by will. Land plots have different purpose, permitted mode of use and protection, restrictions on the maximum size. Features related to the intended purpose, the permitted mode of use, must be taken into account. For example, when a land plot is owned by a foreign citizen or stateless person, which they are not entitled to possess, then an appropriate procedure for the alienation of such a plot is provided.

At the same time, special rules for the inheritance of certain land plots are provided.

State registration of the transfer of the right to lifelong inheritable possession of a land plot by inheritance is carried out on the basis of a certificate of the right to inheritance.

In cases where the right to a land plot belongs to several persons, a share in the common ownership of the land plot will act as an inheritance.

The main principle of land legislation is the principle of the unity of the fate of land plots and objects firmly associated with them, according to which all such objects follow the fate of land plots, with the exception of cases established by federal laws. It also establishes a ban on the alienation of a land plot without buildings and structures located on it if they belong to one person. When the ownership of a land plot and a building passes to different persons, the court, resolving a dispute between the owner of real estate located on the land plot and the owner of this plot, may recognize for one or another party the right to acquire the property of another participant in the dispute or establish the conditions for the use of the land plot by the owner real estate.

33. Pledge (mortgage) of a land plot

On mortgage agreement land plots may be mortgaged insofar as the corresponding lands are not excluded from circulation or are not limited in circulation on the basis of federal law.

If a land plot is transferred under a lease agreement to a citizen or a legal entity, the tenant of the land plot has the right to pledge the lease rights of the land plot within the term of the land plot lease agreement with the consent of the owner of the land plot.

Pledge of lease rights to a land plotlocated in state or municipal ownership, the tenant of such a land plot is allowed within the term of the lease agreement with the consent of the owner of the land plot. When leasing a land plot in state or municipal ownership for a period of more than five years, pledging the right to lease is allowed without the consent of the owner of the land plot, subject to his notification.

In the case of common shared or joint ownership, a mortgage can only be established on a land plot owned by a citizen or legal entity, allocated in kind from lands that are in common shared or joint ownership.

The subject of pledge may be municipally owned land plots and land plots, state ownership of which is not delimited, if such plots are intended for housing construction or for comprehensive development for housing construction purposes and are transferred as security for the repayment of a loan provided by a credit institution for the development of data plots.

As a general rule, pledges of plots that are in state or municipal ownership are not allowed. It is not allowed to mortgage a part of a land plot, the area of which is less than the established minimum size, for lands of various purpose and permitted use.

Features of pledging a land plot on which there are buildings or structures owned by the mortgagor. Unless otherwise provided by the mortgage agreement, when mortgaging a land plot, the right of pledge also extends to the building or structure of the mortgagor located or under construction on the land plot. If there is a condition in the agreement stipulating that the building or structure located or under construction on the land plot and owned by the mortgagor is not mortgaged to the same mortgagee, the mortgagor, when foreclosure on the plot, retains the right to such building or structure and acquires the right to limited use of the part of the plot necessary for use of real estate.

If such a building or structure is alienated to another person and there is no agreement with the pledgee otherwise, the rights that this person can acquire to the mortgaged land plot are limited.

Unless otherwise provided by federal law or an agreement, a land plot acquired with the use of credit funds from a bank or other credit institution or funds from a targeted loan provided by another legal entity for the acquisition of this land plot is considered to be pledged from the moment of state registration of the borrower's ownership right to this land plot.

34. FEATURES OF TRANSACTIONS WITH LAND PLOTS THAT ARE COMMON PROPERTY

Features of such transactions are associated with the presence of two or more co-owners, as well as special rules for the circulation of shares in the right of common shared ownership, disposal of property in common joint ownership. Common property is a land plot owned by two or more persons. If the shares of each of the co-owners are determined, then this is a common shared property, if not, then joint. As a general rule, common property is shared property, unless the law provides for the formation of joint property. The property of the spouses and the joint property of the members of the peasant (farm) economy shall be recognized as common joint property.

The law "On horticultural, horticultural and dacha non-profit associations of citizens" provides for a horticultural, horticultural or dacha non-profit partnership to create joint ownership of public property acquired by such a partnership at the expense of earmarked contributions, including land plots for common use.

After the state registration of a horticultural, horticultural or dacha non-profit association, such an association is provided with a land plot free of charge initially for fixed-term use. After the approval of the project for the organization and development of the territory of such an association and the adoption of this project in nature, the members of the horticultural, horticultural or dacha non-profit association are provided with land plots in ownership or on other real rights. When transferring for a fee, a land plot is initially provided to the joint ownership of the members of such an association, followed by the provision of land plots to the ownership of each member of a horticultural, horticultural or dacha non-profit association.

It is necessary to highlight the features of transactions with shares in the right of common ownership of agricultural land. A participant in shared ownership has the right to dispose of his share at his own discretion. In case of alienation for compensation, the rules on the pre-emptive right to purchase a share must be observed.

When selling a share in the right of common ownership to an outside person, the seller of the share must notify in writing the other participants in shared ownership of the intention to sell his share, indicating the price and other conditions on which he sells it. Disputes are subject to resolution in court.

In the event that one of the co-owners applies for state registration of the redistribution of shares in the common property right, a necessary condition for state registration of rights is the presence in writing of the consent of other co-owners whose shares in the common property right are redistributed, unless otherwise provided by law or an agreement between the said co-owners.

State registration of the emergence, transfer and termination of the right of common joint ownership of real estate is carried out on the basis of an application from one of the right holders, unless otherwise provided by law or an agreement between the right holders.

35. STATE REGISTRATION OF TRANSACTIONS WITH LAND PLOTS

The system of state registration of rights to real estate and transactions with it is designed to ensure the formation of mechanisms for effective state influence on the real estate market in order to protect the constitutional rights of owners and other right holders to real estate, which include land plots. State registration provides a stricter legal regime for real estate compared to the legal regime for movable things.

List of documents required for state registration of a transaction with a land plot

1. A document confirming the payment of the state fee (clause 4, article 16 of the Federal Law "On state registration of rights to real estate and transactions with it").

2. For an individual:

a) an identity document of the applicant;

b) a notarized power of attorney (when a representative of the copyright holder submits an application). For a legal entity:

a) constituent documents or notarized copies;

b) an identity document of a person who has the right to act without a power of attorney on behalf of a legal entity (if such a person applies in person);

c) a document confirming the authority of a representative of a legal entity or a notarized copy of this document (if a representative applies) (clause 4, article 16 of the Federal Law "On state registration of rights to real estate and transactions with it").

3. Cadastral plan of the land plot, certified by the relevant territorial subdivision. The submission of a cadastral plan is not required if such a document has already been submitted and placed in the relevant file of title documents (clause 1, article 17 of the Federal Law "On state registration of rights to real estate and transactions with it").

4. An agreement or other document confirming the conclusion of a transaction in relation to a land plot (clause 1, article 17 of the Federal Law "On state registration of rights to real estate and transactions with it").

5. The decision of the body of the legal entity, which, in accordance with the current legislation and constituent documents, is entitled to make a decision on the conclusion of the relevant transactions.

6. Notarized consent of the spouse to conclude a transaction in respect of the land plot by the other spouse in the following cases:

a) alienation (sale, donation, etc.) of a land plot acquired during the marriage on a reimbursable basis;

b) lease of a land plot;

c) in other cases provided for by law (Articles 34, 35 of the Family Code of the Russian Federation).

7. Permission of guardianship and guardianship authorities in the event of a transaction in respect of a land plot owned by a ward (a minor, incapacitated person) (Article 37 of the Civil Code of the Russian Federation).

8. Information about the presence of buildings on the land plot and about the rights to these buildings.

9. Other documents required for state registration of a transaction (transfer of rights).

36. DOCUMENTS ON RIGHTS TO LAND PLOTS

The rights to land plots are certified by documents in accordance with the Federal Law "On State Registration of Rights to Real Estate and Transactions with It".

The right to a land plot acquired by a participant in land legal relations is certified by title documents. In accordance with Art. 26 of the Land Code of the Russian Federation, rights to land plots are certified by documents in accordance with the Federal Law "On state registration of rights to real estate and transactions with it." Article 26 of the Land Code of the Russian Federation is based on the general requirement for state registration of rights to land plots as real estate and transactions with them.

Documents certifying the rights to land plots are documents confirming registration of rights. Since rights to real estate and transactions with it are subject to state registration in the Unified State Register of Rights, this register forms the basis of documents certifying rights to land plots. At the same time, an integral part of the Unified State Register of Rights are files that include title documents for real estate and books of documents. A file of title documents is opened for each piece of real estate (including land plots). All documents received for registration of rights to the specified object are placed in the case. The document books contain data: on documents accepted for registration about the real estate property, copyright holders, registered rights and applicants; issued certificates of state registration of rights; extracts and certificates from the Unified State Register of Rights, about other documents. The state registration of the emergence and transfer of rights to real estate is certified by a certificate of state registration of rights. The completed state registration of contracts and other transactions is certified by making a special registration inscription on the document expressing the content of the transaction.

The form of certificates and a special inscription is established by the Rules for maintaining the Unified State Register of Rights. Forms of certificate of state registration, introduced by individual subjects of the Russian Federation and city administrations before the establishment of a single form of certificate, are recognized as legally valid. In a situation where a lease agreement for a land plot, sublease of a land plot, gratuitous fixed-term use of a land plot, concluded for a period of less than one year, is not subject to state registration, except for cases established by federal laws, it should be borne in mind that according to the Civil Code of the Russian Federation, if the lessee continues to use the property after the expiration of the contract in the absence of objections from the lessor, the contract is considered to be renewed on the same terms for an indefinite period. Therefore, if the lease relationship is continued, the contract is subject to state registration.

Agreements for the lease of a land plot, sublease of a land plot, gratuitous fixed-term use of a land plot, concluded for a period of less than one year, are not subject to state registration, except for cases established by federal laws.

37. RIGHTS OF LAND OWNERS, LAND USERS AND LAND OWNERS

Land owner has the right:

1) to use in accordance with the established procedure for their own needs the common minerals available on the land plot, fresh groundwater, as well as ponds, flooded quarries in accordance with the legislation of the Russian Federation;

2) to erect residential, industrial, cultural and community and other buildings, structures, structures in accordance with the intended purpose of the land plot and its permitted use in compliance with the requirements of town planning regulations, construction, environmental, sanitary and hygienic, fire and other rules, regulations;

3) carry out irrigation, drainage, cultural, technical and other reclamation works in accordance with the permitted use, build ponds and other water bodies in accordance with environmental, construction, sanitary and hygienic and other special requirements established by law;

4) to exercise other rights to use the land plot provided for by law. The owner of a land plot has the right of ownership to crops and plantings of agricultural crops, received agricultural products and income from its sale, except for cases when he transfers the land plot for rent, permanent (unlimited) use or lifelong inheritable possession or gratuitous fixed-term use.

Rights to use land plots by land users, land owners and land tenants. As a general rule, persons who are not owners of land plots, with the exception of holders of easements, exercise the rights of owners of land plots. The rights of persons using a land plot on the basis of a private easement are determined by agreement, the rights of persons using a land plot on the basis of a public easement are determined by law or other regulatory legal act that establishes a public easement.

Owners of land plots and persons who are not owners of land plots are obliged to:

▪ use the sites in accordance with their intended purpose and permitted use in ways that should not harm the environment, including the earth as a natural object;

▪ preserve boundary, geodetic and other special signs installed on land plots in accordance with the law;

▪ carry out measures to protect land, observe the procedure for using forests, water and other natural objects;

▪ start using sites in a timely manner in cases where the terms for the development of sites are provided for in contracts;

▪ make payments for land in a timely manner;

▪ comply with the requirements of town planning regulations, construction, environmental, sanitary and hygienic, fire safety and other rules and regulations when using sites;

▪ prevent pollution, littering, degradation and deterioration of soil fertility on lands of the relevant categories;

▪ comply with other requirements provided for by law.

Citizens and legal entities exercise their rights at their own discretion, unless otherwise provided by law.

38. PROTECTION OF LAND RIGHTS

As ways of protecting the rights to land plots, the following are provided, in particular.

Recognition of the right to a land plot. Recognition of the right to a land plot is carried out in court. A court decision establishing the right to land is a legal basis, in the presence of which the state registration authorities of rights to real estate and transactions with it are obliged to carry out state registration of the right to land or transactions with land.

Restoring the situation that existed before the violation of the right to a land plot. The violated right to a land plot is subject to restoration in the following cases: the court invalidates an act of an executive body of state power or an act of a local government body that entailed a violation of the right to a land plot; unauthorized occupation of a land plot; in other cases provided for by federal laws.

Suppression of actions that violate the right to a land plot or create a threat of its violation. Actions that violate the land rights of citizens and legal entities or create a threat of their violation can be suppressed by:

▪ invalidation in court of acts of executive bodies of state power or acts of local government bodies that do not comply with the law;

▪ suspension of the execution of acts of executive bodies of state power or acts of local government bodies that do not comply with the legislation;

▪ suspension of industrial, civil, residential and other construction, development of mineral and peat deposits, operation of facilities, agrochemical, forest reclamation, geological exploration, prospecting, geodetic and other work; - restoration of the situation that existed before the violation of the right, and suppression of actions that violate the right or create a threat of its violation.

A non-normative act of an executive body of state power, a local self-government body, and in cases provided for by law, a normative act that does not comply with the law or other regulatory legal acts and violates the rights and interests of a person protected by law, may be declared invalid by a court.

Losses caused to a citizen or legal entity as a result of the issuance of an act of the executive body of state power that does not comply with the law and violates the rights to land and the legally protected interests of the citizen or legal entity shall be subject to compensation by the executive body of state power that issued such an act. Losses caused by violation of the rights of land owners, land users, land owners and tenants of land plots are subject to compensation in full, in the manner prescribed by civil law, including lost profits. On the basis of a court decision, a person guilty of violating the rights of owners of land plots, land users, land owners and tenants of land plots may be forced to fulfill an obligation in kind (restoring soil fertility, restoring land plots within their former boundaries).

39. WITHDRAWAL OF LAND PLOTS FOR STATE OR MUNICIPAL NEEDS

Grounds for seizure, including through the purchase of land plots for state or municipal needs. Such seizure is carried out in exceptional cases related to:

1) with the fulfillment of the international obligations of the Russian Federation;

2) placement of the following objects of state or municipal significance in the absence of other options for the possible placement of these objects:

▪ federal energy systems and energy system facilities of regional significance;

▪ use of nuclear energy;

▪ defense and security;

▪ federal transport, railways, computer science and communications, as well as transport facilities, communications, computer science and communications of regional significance;

▪ providing space activities;

▪ ensuring the status and protection of the State Border of the Russian Federation;

▪ linear facilities of federal and regional significance that support the activities of natural monopolies;

▪ electricity, gas, heat and water supply of municipal importance;

▪ public roads within the boundaries of settlements and between settlements, bridges and other transport engineering structures of local importance within the boundaries of settlements and outside the boundaries of settlements;

3) other circumstances in the cases established by federal laws, and in relation to the seizure, including by way of redemption, of land plots from lands owned by the constituent entities of the Russian Federation or municipal property, in cases established by the laws of the constituent entities of the Russian Federation.

Conditions and procedure for withdrawal land plots. Compulsory alienation of a land plot for state or municipal needs can be carried out only on condition of preliminary and equivalent compensation of the cost of the land plot on the basis of a court decision. A land plot may be withdrawn from the owner for state or municipal needs by way of redemption.

The decision to withdraw a land plot for state or municipal needs is made by federal executive authorities, executive authorities of a constituent entity of the Russian Federation or local governments.

The owner of the land plot must be notified in writing about this by the body that made the decision to withdraw the land plot no later than one year before the upcoming withdrawal of the land plot. Redemption of a land plot before the expiration of a year from the date of receipt by the owner of such notification is allowed only with the consent of the owner.

The decision of the authorized body on the withdrawal of a land plot is subject to state registration with the body that registers the rights to the land plot. The owner of the site must be notified of the registration, indicating its date.

The owner of a land plot from the moment of state registration of the decision to withdraw the land plot until an agreement is reached or a decision is made by the court to buy out the land plot, may own, use and dispose of it at its own discretion and incur the necessary costs to ensure the use of the land plot in accordance with its intended purpose. In this case, the owner bears the risk of costs and losses associated with new construction, expansion and reconstruction of buildings and structures on the land plot during the specified period.

40. CONCEPT AND TYPES OF MANAGEMENT IN THE SPHERE OF USE AND PROTECTION OF LANDS

The Land Code of the Russian Federation provides for the main areas of management in the field of land use and protection.

The powers of the Russian Federation in the field of management in the field of land use and protection include state administration in the field of land monitoring, state land control, land management and maintenance of the state land cadastre. The Russian Federation manages and disposes of land plots owned by the Russian Federation (federal property). The authority to manage the use and protection of land should also include:

1) establishing the foundations of federal policy in the field of regulation of land relations;

2) establishment of restrictions on the rights of owners of land plots, land users, landowners, tenants of land plots, as well as restrictions on the turnover of land plots;

4) establishing the procedure for reserving land, withdrawing land plots, including by way of redemption, for state and municipal needs;

5) development and implementation of federal programs for the use and protection of land.

State land monitoring is a monitoring system for the condition of the land. The objects of state monitoring of lands are all lands in the Russian Federation.

Land management includes measures to study the state of land, plan and organize the rational use of land and their protection, the formation of new and streamline existing land management facilities and the establishment of their boundaries on the ground (territorial land management), the organization of the rational use of land by citizens and legal entities for agricultural production , as well as on the organization of territories used by communities of indigenous peoples of the North, Siberia and the Far East.

State land cadastre is a systematized set of documented information about the objects of state cadastral registration, about the legal regime of land in the Russian Federation, about the cadastral value, location, size of land plots and real estate objects strongly associated with them. The State Land Cadastre includes information on the subjects of rights to land plots.

The powers of the subjects of the Russian Federation in the field of management in the field of land use and protection include the development and implementation of regional programs for the use and protection of lands located within the boundaries of the subjects of the Russian Federation. The constituent entities of the Russian Federation manage land plots owned by the constituent entities of the Russian Federation.

The powers of local governments in the field of land relations include: establishing, taking into account the requirements of the legislation of the Russian Federation, the rules for land use and development of the territories of urban and rural settlements, territories of other municipalities, the development and implementation of local programs for the use and protection of land, as well as other powers to resolve issues of local values in the field of land use and protection. Local self-government bodies manage and dispose of land plots that are in municipal ownership.

41. BODIES OF GENERAL COMPETENCE IN THE SPHERE OF USE AND PROTECTION OF LAND

The system and procedure for the functioning of governing bodies in the field of land relations are defined in various chapters of the Land Code of the Russian Federation. TO bodies of general competence include legislative, executive and judicial authorities.

The LC of the Russian Federation delimits the powers between the Russian Federation, its subjects and local governments.

The powers of the Russian Federation in the field of land relations include:

1) establishing the foundations of federal policy in the field of regulation of land relations;

2) establishment of restrictions on the rights of owners of land plots, land users, landowners, tenants of land plots, as well as restrictions on the turnover of land plots;

3) public administration in the field of land monitoring, state land control, land management and maintenance of the state land cadastre;

4) establishing the procedure for the withdrawal of land plots, including by way of redemption, for state and municipal needs;

5) withdrawal of land plots for the needs of the Russian Federation, including by way of redemption;

6) development and implementation of federal programs for the use and protection of land.

The powers of the constituent entities of the Russian Federation include the seizure, including by way of redemption, of land for the needs of the constituent entities of the Russian Federation; development and implementation of regional programs for the use and protection of lands located within the boundaries of the constituent entities of the Russian Federation.

The powers of local governments in the field of land relations include the seizure, including by redemption, of land plots for municipal needs, the establishment, subject to the requirements of the legislation of the Russian Federation, of the rules for land use and development of the territories of urban and rural settlements, the territories of other municipalities, the development and implementation of local programs use and protection of land, as well as other powers to resolve issues of local importance in the field of use and protection of land.

The Russian Federation, subjects of the Russian Federation, local government bodies manage and dispose of land plots that are in their ownership.

The competence of the courts is the resolution of land disputes and the application of measures of administrative, criminal, disciplinary and civil liability.

The competence of the Federal Assembly (State Duma, Federation Council) is established in the Constitution of the Russian Federation. The main form of participation of legislative bodies in the regulation of land relations is the adoption of laws.

Competence of the President of the Russian Federation. Decrees of the President of the Russian Federation must not contradict the Land Code of the Russian Federation, federal laws.

The competence of the Government of the Russian Federation - makes decisions regulating land relations, within the limits of the powers determined by the Land Code of the Russian Federation, federal laws, as well as decrees of the President of the Russian Federation.

The competence of the executive authorities of the constituent entities of the Russian Federation - on the basis and in pursuance of the Land Code of the Russian Federation, federal laws, other regulatory legal acts of the Russian Federation, laws of the constituent entities of the Russian Federation and within the limits of their powers, they can issue acts containing norms of land law.

The competence of local self-government bodies - on the basis of and in pursuance of the Land Code of the Russian Federation, federal laws, other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation and within their powers, can issue acts containing norms of land law.

42. BODIES OF SPECIAL COMPETENCE IN THE SPHERE OF USE AND PROTECTION OF LAND

Bodies of special competence in the field of land use and protection are accountable to bodies of general competence.

Bodies of special competence are divided into functional и industry (departmental) organs.

Functional bodies with special competence in the field of land use and protection are the Federal Real Estate Cadastre Service (Rosnedvizhimost), the Federal Agency for Federal Property Management, the Ministry of Natural Resources, sanitary and epidemiological supervision and architectural and urban planning supervision authorities.

The Federal Real Estate Cadastre Agency is a federal executive body responsible for managing state property and providing public services in the field of maintaining real estate cadastres, land management, inventory of urban planning facilities, state cadastral land valuation and state land monitoring, as well as state land control. .

The Federal Real Estate Cadastre Agency exercises the following powers in the established field of activity:

1) exercises the powers of the owner in relation to federal property necessary to ensure the performance of its functions, including property transferred to federal enterprises and institutions subordinate to the agency;

2) organizes:

▪ creation of an automated system for maintaining the state land cadastre and state accounting of capital construction projects;

▪ carrying out territorial land management in accordance with decisions of state authorities and on lands in federal ownership;

▪ preparation of land management materials to establish the State Border of the Russian Federation, the boundaries of the constituent entities of the Russian Federation and municipalities;

▪ carrying out a technical inventory of capital construction projects;

3) carrying out the state cadastral valuation of land;

4) carries out:

▪ presentation of the results of the state cadastral assessment of land in accordance with the legislation of the Russian Federation;

▪ maintaining the state land cadastre, the state urban planning cadastre and the state fund of data obtained as a result of land management;

▪ state monitoring of lands in the Russian Federation, including using an automated information system;

▪ maintaining state technical records of capital construction projects;

▪ creation of a state cadastre of real estate;

▪ approval of the conclusions of expert commissions during the examination of land management documentation;

▪ providing interested parties with information from the state land cadastre and information about capital construction projects;

▪ state land control;

▪ approval of maps (plans) and materials for surveying land management objects. Sectoral (departmental) bodies are various ministries and departments, which are in charge of lands for a specific purpose. These include the Ministry of Agriculture, the Ministry of Transport, the Ministry of Information Technology and Communications, etc.

43. POWERS OF THE FEDERAL AGENCY OF THE CADASTRE OF REAL ESTATE

The Federal Real Estate Cadastre Agency is the federal executive body responsible for state property management functions and the provision of public services in the field of real estate cadastres, land management, inventory of urban planning objects, state cadastral land valuation and state land monitoring, as well as state land control.

The Federal Real Estate Cadastre Agency exercises the following powers in the established field of activity:

1) conducts tenders in accordance with the established procedure and concludes state contracts for placing orders for the supply of goods, performance of work, provision of services, for the conduct of research, development and technological work for state needs, including for their own needs;

2) exercises the powers of the owner in relation to federal property necessary to ensure the performance of its functions, including property transferred to federal state unitary enterprises and federal state institutions subordinate to the agency;

3) organizes:

▪ creation of an automated system for maintaining the state land cadastre and state accounting of capital construction projects;

▪ conducting territorial land management in accordance with decisions of government bodies, as well as territorial land management on lands in federal ownership;

▪ preparation of land management materials to establish the state border of the Russian Federation, the boundaries of the constituent entities of the Russian Federation and municipalities;

▪ carrying out a technical inventory of capital construction projects;

▪ Conducting a state cadastral assessment of land;

4) carries out:

▪ presentation of the results of the state cadastral assessment of land in accordance with the legislation of the Russian Federation;

▪ maintaining the state land cadastre, the state urban planning cadastre and the state fund of data obtained as a result of land management;

▪ state monitoring of lands in the Russian Federation, including using an automated information system;

▪ maintaining state technical records of capital construction projects;

▪ creation and maintenance of the state cadastre of real estate;

▪ approval of the conclusions of expert commissions during the examination of land management documentation;

▪ providing interested parties with information from the state land cadastre and information about capital construction projects;

▪ state land control;

▪ approval of maps (plans) and materials for surveying land management objects;

5) carries out an economic analysis of the activities of subordinate unitary enterprises and approves the economic indicators of their activities, conducts audits of financial and economic activities and the use of the property complex in subordinate organizations.

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.

45. LAND MONITORING

State land monitoring - monitoring system for the condition of the land. Monitoring (lat.) - warning, observing, looking ahead. Land monitoring performs the basic, connecting role of all other monitoring and cadastres of natural resources.

The objects of state land monitoring are all lands in the Russian Federation. Land monitoring includes continuous monitoring of land use in accordance with the categories and purpose of land.

State monitoring of lands is carried out in accordance with federal, regional and local programs. The procedure for carrying out state monitoring of lands is established by the Government of the Russian Federation.

Land monitoring goals - identification of changes in the state of land, their assessment, forecast, prevention and elimination of the consequences of negative processes, development of recommendations, improvement and implementation of new methods of remote sensing, technical means and technologies for land monitoring.

Land monitoring tasks are:

1) timely detection of changes in the state of lands, assessment of these changes, forecast and development of recommendations for the prevention and elimination of the consequences of negative processes;

2) information support for maintaining the state land cadastre, state land control over the use and protection of land, other functions of state and municipal land management, as well as land management;

3) providing citizens with information about the state of the environment in terms of the state of land.

Land monitoring principles:

▪ reliability and accuracy of data, compliance with their actual state and use of land resources;

▪ unity of methods and technologies, consistency in land monitoring; economy and efficiency;

▪ mutual compatibility and comparability of heterogeneous data;

▪ centralized guidance on a unified methodology throughout the Russian Federation;

▪ visibility and accessibility of information, with the exception of information constituting a state or commercial secret.

Content of land monitoring - systematic monitoring of the state of land, identifying changes and assessing: the state of land use; soil fertility, overgrowing of agricultural land, land pollution; condition of the coastlines of reservoirs and hydraulic structures; formation of ravines, landslides, mudflows and other phenomena; condition of settlement lands, oil and gas production facilities, treatment facilities, landfills, warehouses for fuels and lubricants, fertilizers, vehicle parking, industrial waste disposal.

Types of land monitoring. Depending on the purposes of observation and the observed territory, state monitoring of lands can be federal, regional and local.

Land monitoring methods:

1) natural observations (expeditionary, stationary, complex, background, remote);

2) automated land monitoring system (information retrieval system, data processing system, integrated data interpretation system, forecasting and diagnostic system and management system);

3) contractual forms for the implementation of design and survey work on land management, land cadastre, and land monitoring.

46. STATE LAND CADASTRE

State land cadastre - an element of state management of the use and protection of land. The maintenance of the land cadastre is closely related to the implementation of land monitoring and land management.

State land cadastre - a systematized set of documented information about objects of state cadastral registration, about the legal regime of land in the Russian Federation, about the cadastral value, location, size of land plots and real estate objects strongly associated with them, about subjects of rights to land plots. The state land cadastre is maintained according to a single system for the Russian Federation.

Objects of state cadastral registration are land plots and other immovable property firmly associated with them.

The procedure, goals and principles of maintaining the state land cadastre are established in the Federal Law "On the State Land Cadastre".

The purpose of creating and maintaining the state land cadastre is information support:

▪ state and municipal land management;

▪ state control over the use and protection of lands;

▪ measures aimed at preserving and increasing land fertility;

▪ state registration of rights to real estate and transactions with it;

▪ land management;

▪ economic assessment of land and accounting for the value of land as part of natural resources;

▪ establishing a reasonable price for land;

▪ other activities related to the ownership, use and disposal of land plots.

Principles of maintaining the state land cadastre:

1) the unity of the system and technology of maintaining the land cadastre throughout the territory of the Russian Federation;

2) continuity of entering into the land cadastre of changing characteristics of land plots;

3) comparability and compatibility of land cadastre information with information contained in other cadastres, registers, information resources;

4) accounting of land plots, regardless of the form of ownership of land, intended purpose and permitted use of land plots. State cadastral registration of land - actions to collect, document, accumulate, process, record and store information about land plots. The land cadastre is maintained by executive authorities and carried out in the process of inventory and monitoring of land, state registration of rights to real estate and transactions with it, inspection control, and land management.

Documents on cadastral registration of land are divided into main, auxiliary and derivative. Basic documents: Unified State Register of Lands, cadastral files and duty cadastral maps (plans). Auxiliary documents: books of records of documents, books of records of issued information and catalogs of coordinates of points of the reference boundary network. Derived documents: reports on the state and use of land resources, reports, reviews, other reference documents.

When carrying out cadastral registration, submitted documents are checked, descriptions of land plots are compiled, cadastral numbers are assigned to plots, cadastral maps (plans) are made and cadastral files are formed.

The functions of maintaining the land cadastre are implemented by the Federal Agency for Cadastre of Real Estate Objects.

47. LAND MANAGEMENT

Land management includes:

▪ measures to study the condition of lands, plan and organize the rational use of lands and their protection, form new and streamline existing land management objects and establish their boundaries on the ground (territorial land management);

▪ measures to organize the rational use of land plots by citizens and legal entities for agricultural production, as well as to organize territories used by communities of indigenous peoples of the North, Siberia and the Far East. Documents prepared as a result of land management are used in maintaining the state land cadastre and land monitoring.

К types of land management documentation relate:

▪ general scheme for land management of the Russian Federation, schemes for land management of the territories of its constituent entities, municipalities and other administrative-territorial entities, schemes for the use and protection of land;

▪ territorial land management projects; materials for surveying land management objects;

▪ maps (plans) of land management facilities; on-farm land management projects;

▪ projects for improvement of agricultural land, development of new lands, reclamation of disturbed lands, protection of lands from negative impacts;

▪ materials of geodetic and cartographic works, soil, geobotanical and other surveys and surveys, assessment of land quality, land inventory;

▪ thematic maps and atlases of the condition and use of land.

Organization and procedure for land management. The basis for land management are decisions of authorized executive bodies of state power, local government bodies, owners of land plots, land users, landowners, and court decisions. Land management is carried out without fail in cases provided for by federal laws.

Information about land management is open, with the exception of information constituting a state secret, and information relating to the identity of land owners, land users, landowners, tenants of land.

When carrying out land management, the legitimate interests of persons whose rights may be affected during its implementation are taken into account by notifying them in writing by land surveyors no later than 7 calendar days before the start of work. The absence of duly notified persons during land management work is not an obstacle to land management. Interested parties have the right to appeal actions that infringe their rights and legitimate interests.

Legal entities or individual entrepreneurs can carry out land management work if they have a special license (permit).

Land management functions are implemented by the Federal Real Estate Cadastre Agency, which provides land management support on federally owned lands, provides services in the field of land management, state cadastral registration, state cadastral land valuation, valuation of other real estate objects, and examination of land management documentation.

48. GENERAL CHARACTERISTICS OF LEGAL REGULATION OF PAYMENT FOR LAND

The use of land in the Russian Federation is paid (land tax and rent).

Legal regulation of the procedure for calculating and paying land tax carried out by the Tax Code of the Russian Federation.

The amount of tax is calculated after the end of the tax period as a percentage of the tax base corresponding to the tax rate.

With regard to land plots acquired by individuals and legal entities on the terms of housing construction on them, with the exception of individual housing construction, the tax amount is calculated taking into account the coefficient of 2 during the three-year design and construction period up to the state registration of rights to the constructed real estate object.

Upon completion of construction and state registration of rights to the constructed real estate object before the expiration of the three-year design and construction period, the amount of tax paid during the design and construction period in excess of the amount of tax calculated taking into account coefficient 1 is recognized as the amount of overpaid tax.

In relation to land plots acquired in ownership on the terms of housing construction on them, with the exception of individual housing construction, the tax amount is calculated taking into account the coefficient of 4 during the design and construction period exceeding a three-year period, up to state registration.

In relation to land plots acquired by individuals for individual housing construction, the tax amount is calculated taking into account the coefficient of 2 during the design and construction period exceeding ten years.

The amount of the advance payment payable by an individual who pays tax on the basis of a tax notice is calculated as the product of the tax base and the share of the tax rate established by legal acts (laws) of the representative bodies of municipalities (cities of federal significance) in an amount not exceeding 1/2 of the tax rate , in case of establishment of one advance payment; in the case of establishing two advance payments - in an amount not exceeding 1/3 of the rate.

Legal regulation of rent carried out in accordance with the Civil Code. The procedure for determining the amount of rent, the procedure, conditions for paying rent for lands owned by the Russian Federation, constituent entities of the Russian Federation or municipal property are established respectively by the Government of the Russian Federation, state authorities of the constituent entities of the Russian Federation, and local governments. The amount of the rent is an essential condition of the land lease agreement.

If after 3 years from the date of the lease of a state or municipally owned land plot for housing construction (with the exception of individual housing construction) the real estate object built on the land plot has not been put into operation, the rent shall be set in the amount of at least double the tax rate land tax. The procedure, conditions and terms for paying rent for land plots that are in private ownership are established by lease agreements.

49. FORMS OF PAYMENT FOR LAND

The use of land in the Russian Federation is paid. Forms of payment for the use of land are land tax and rent.

The procedure for calculating and paying land tax established by the legislation of the Russian Federation on taxes and fees.

The amount of tax is calculated after the end of the tax period as a percentage of the tax base corresponding to the tax rate.

The amount of the advance payment payable by an individual who pays tax on the basis of a tax notice is calculated as the product of the tax base and the share of the tax rate established by legal acts (laws) of the representative bodies of municipalities (cities of federal significance) in an amount not exceeding 1/2 of the tax rate , in case of establishment of one advance payment; in case of establishing two advance payments in the amount not exceeding 1/3 of the rate.

Rent is charged for lands leased. The procedure for determining the amount of rent, the procedure, and conditions for paying rent for lands owned by the Russian Federation, constituent entities of the Russian Federation or municipal property are established respectively by the Government of the Russian Federation, state authorities of constituent entities of the Russian Federation, and local self-government bodies. The amount of rent is an essential condition of the land lease agreement.

If after the expiration of 3 years from the date of leasing a state or municipally owned land plot for housing construction (with the exception of individual housing construction), a real estate object built on such a plot is not put into operation, the rent for such a plot is set in the amount of not less than double the land tax rate. The procedure, conditions and terms for paying rent for land plots that are in private ownership are established by lease agreements.

50. LAND TAX

Land tax is a form of payment for land and is established by the Tax Code of the Russian Federation and the regulatory legal acts of the representative bodies of municipalities, is put into effect and ceases to operate in accordance with the Tax Code of the Russian Federation and the legal acts of the representative bodies of municipalities and is obligatory for payment in the territories of these municipalities. A similar procedure for the establishment and introduction of the tax operates in cities of federal significance.

When establishing a land tax, the representative bodies of municipalities (cities of federal significance) determine tax rates within the limits established by the Tax Code of the Russian Federation, the procedure and terms for paying tax, tax benefits, the grounds and procedure for their application.

taxpayers organizations and individuals are recognized as possessing land plots on the basis of the right of ownership, the right of permanent (unlimited) use or the right of lifetime inheritable possession.

Organizations and individuals are not recognized as taxpayers in relation to land plots that are on the right of gratuitous fixed-term use or transferred to them under a lease agreement.

The object of taxation recognized land plots located within the boundaries of the municipality (cities of federal significance), on the territory of which the tax is introduced.

The following land plots are not recognized as an object of taxation:

▪ withdrawn from circulation in accordance with the legislation of the Russian Federation;

▪ restricted in circulation in accordance with the law, which are occupied by especially valuable objects of cultural heritage of peoples, objects included in the World Heritage List, historical and cultural reserves, objects of archaeological heritage;

▪ restricted in circulation in accordance with the legislation of the Russian Federation, provided to ensure defense, security and customs needs;

▪ from the forest fund lands;

▪ restricted in circulation in accordance with the legislation of the Russian Federation, occupied by state-owned water bodies as part of the water fund.

The tax base is defined as the cadastral value of land plots recognized as an object of taxation. The cadastral value of a land plot is determined in accordance with the land legislation of the Russian Federation.

The tax base (cadastral value of a land plot) is determined for each land plot (share in common ownership of a land plot) as of January 1 of the year that is the tax period. The tax base is determined separately in relation to land plots, the owners of which are recognized by different persons or different tax rates are established.

Organizations and individual entrepreneurs (in relation to land plots used in entrepreneurial activities) determine the tax base independently on the basis of information from the state land cadastre on each land plot owned by them. The tax base for each individual is determined by the tax authorities.

In relation to land plots in common shared ownership, the base is determined for each of the taxpayers who are the owners of this land plot in proportion to its share in common ownership.

51. CADASTRAL AND MARKET VALUE OF LAND

Determining the value of land plots is required when carrying out transactions with land, as well as when collecting land tax.

To establish cadastral value land plots, a state cadastral valuation of land is carried out. The procedure for conducting the state cadastral valuation of land is established by the Government of the Russian Federation. The executive authorities of the constituent entities of the Russian Federation approve the average level of cadastral value for the municipal district (urban district). In cases where the market value of a land plot is determined, the cadastral value of the land plot is established as a percentage of its market value. The cadastral value of land plots is used for taxation purposes and, in some cases, for the sale of land plots from state or municipal land.

The market value of a land plot is established in accordance with the federal law on appraisal activities. An appraisal of land plots is obligatory in case of involvement in the transaction of land plots owned in whole or in part by the Russian Federation, constituent entities of the Russian Federation or municipalities, including:

1) when determining the cost of land plots owned by the Russian Federation, constituent entities of the Russian Federation or municipalities, for the purpose of their privatization, transfer to trust management or lease;

2) when using plots owned by the Russian Federation, constituent entities of the Russian Federation or municipalities, as a subject of pledge;

3) upon sale or other alienation of plots belonging to the Russian Federation, constituent entities of the Russian Federation or municipalities;

4) upon assignment of debt obligations related to land plots owned by the Russian Federation, constituent entities of the Russian Federation or municipalities;

5) when transferring objects of assessment belonging to the Russian Federation, constituent entities of the Russian Federation or municipalities, as a contribution to the authorized capital, funds of legal entities, as well as in the event of a dispute over the value of the object of assessment, including:

▪ during nationalization of property;

▪ for mortgage lending to individuals and legal entities in cases of disputes about the cost of the plot;

▪ when drawing up marriage contracts and dividing the property of divorcing spouses at the request of one of the parties or both parties in the event of a dispute about the value of this property;

▪ in case of redemption or other seizure of land plots from owners for state or municipal needs provided for by the legislation of the Russian Federation;

▪ when assessing sites in order to monitor the correct payment of taxes in the event of a dispute regarding the calculation of the taxable base.

These rules do not apply to relations arising from the disposal of state and municipal unitary enterprises, institutions of property assigned to them, except in cases where the disposal of property is allowed with the consent of the owner of this property.

The basis for the assessment is the contract for the assessment of the land plot, concluded by the customer with the appraiser or with a legal entity.

In cases provided for by law, the appraisal of a land plot, including a repeated appraisal, may be carried out by an appraiser on the basis of a ruling by a court, an arbitration court, an arbitration court, as well as by a decision of an authorized body.

52. LAND FEES

Legislation provides for incentives to collect payment for land in the form of a land tax. Tax rates are established by regulatory legal acts of representative bodies of municipalities (laws of federal cities) and cannot exceed 0,3% in relation to land plots:

▪ classified as agricultural lands or lands within agricultural use zones in settlements;

▪ occupied by housing stock and engineering infrastructure facilities of the housing and communal services complex;

▪ provided for personal subsidiary plots, gardening, vegetable farming, livestock farming, as well as summer cottage farming;

In relation to other land plots, they cannot exceed 1,5%.

It is allowed to establish differentiated tax rates depending on the categories of land and (or) the permitted use of the land plot.

The following are exempt from land tax:

1) organizations and institutions of the penitentiary system of the Ministry of Justice of Russia - in relation to land plots provided for the direct performance of the functions assigned to these organizations and institutions;

2) organizations - in relation to land plots occupied by state public roads;

3) religious organizations - in relation to their land plots, on which buildings, structures and structures of religious and charitable purpose are located;

4) all-Russian public organizations of the disabled, among whose members the disabled and their legal representatives make up at least 80%, in relation to the land plots used by them to carry out their statutory activities; organizations whose charter capital consists entirely of contributions from these organizations of disabled people, if the average number of disabled people among their employees is at least 50%, and their share in the wage fund is at least 25%, in relation to land plots used by them for production or sale of goods; institutions, the sole owners of whose property are the indicated all-Russian public organizations of the disabled - in relation to the land plots used by them to achieve educational, cultural, health-improving, physical culture and sports, scientific, informational and other purposes of social protection and rehabilitation of disabled people, as well as for providing legal and other assistance to disabled people, disabled children and their parents;

5) organizations of folk arts and crafts - in relation to land plots located in places of traditional existence of folk arts and crafts and used for the production and sale of products of folk arts and crafts;

6) individuals belonging to the indigenous peoples of the North, Siberia and the Far East, as well as communities of such peoples - in relation to land plots used for the preservation and development of their traditional way of life, management and crafts;

7) organizations - residents of a special economic zone - in relation to land plots located in the territory of a special economic zone, for a period of five years from the moment the right of ownership to each plot arises.

53. COMPENSATION FOR DAMAGES DURING THE WITHDRAWAL OF LAND PLOTS FOR STATE OR MUNICIPAL NEEDS

Forced acquisition of a land plot for state or municipal needs can be carried out only on condition of preliminary and equivalent compensation of the cost of the land plot on the basis of a court decision. A land plot may be withdrawn from the owner for state or municipal needs by way of redemption.

Payment for a land plot withdrawn for state or municipal needs (redemption price), terms and other conditions for redemption are determined by an agreement with the owner of the plot. The agreement includes the obligation of the Russian Federation, a subject of the Russian Federation or a municipality to pay the redemption price for the withdrawn plot.

When determining the redemption price, it includes the market value of the land plot and the real estate located on it, as well as all losses caused to the owner by the withdrawal of the land plot, including losses that he incurs in connection with the early termination of his obligations to third parties, including lost profits . By agreement with the owner, instead of a land plot withdrawn for state or municipal needs, he may be provided with another land plot, with its value included in the redemption price.

In this case, the owner bears the risk of costs and losses associated with new construction, expansion and reconstruction of buildings and structures on the land plot during the specified period.

If the owner does not agree with the decision to confiscate the land plot from him, or if an agreement on the terms of redemption is not reached with him, the authorized body that made such a decision may file a claim for the redemption of the land plot in court.

The basis for damages is:

1) an agreement on the temporary occupation of a land plot between the owner of the land plot and the person in whose favor the temporary occupation of the land plot is carried out;

2) an act of the authorized body on the restriction of the rights of the owner of the land plot, an easement agreement;

3) act of the authorized body on the deterioration of land quality;

4) court decision.

54. LAND PROTECTION

Land is protected as the basis of life and activity of the peoples living in the respective territory. The use of land should be carried out in ways that ensure the preservation of ecological systems, the ability of land to be a means of production in agriculture and forestry, the basis for economic and other activities.

Land protection goals: prevention of degradation, pollution, littering, disturbance of lands, other negative impacts of economic activity; ensuring the improvement and restoration of lands that have undergone degradation, pollution, littering, disturbance, and other negative impacts of economic activity.

In order to protect land, land owners, land users, land owners and tenants of land plots are obliged to take measures:

▪ to preserve soils and their fertility;

▪ protection of lands from water and wind erosion, mudflows, flooding, swamping, secondary salinization, desiccation, compaction, contamination with radioactive and chemical substances, littering with industrial and consumer waste, pollution, including biogenic pollution, and other negative impacts that result in land degradation occurs;

▪ protection of agricultural land from overgrowing with trees and shrubs, weeds, as well as protection of plants and plant products from harmful organisms (plants or animals, pathogens that can, under certain conditions, harm trees and other plants);

▪ Elimination of the consequences of pollution, including biogenic pollution, and land littering;

▪ maintaining the achieved level of reclamation;

▪ reclamation of disturbed lands, restoration of soil fertility, timely involvement of lands into circulation;

▪ preservation of soil fertility and their use when carrying out work related to land disturbance. In order to protect lands, federal, regional and local land protection programs are being developed, which include a list of mandatory measures for land protection, taking into account the characteristics of economic activity, natural and other conditions. An assessment of the condition of the land and the effectiveness of the envisaged land protection measures is carried out taking into account environmental assessment, sanitary, hygienic and other standards and requirements.

When carrying out construction works related to the disturbance of the soil layer and mining operations, the fertile soil layer is removed and used to improve unproductive lands.

To assess the state of the soil in order to protect human health and the environment, standards for maximum permissible concentrations of harmful substances are established.

Land conservation is allowed in order to prevent land degradation and restore soil fertility.

In order to increase the interest of owners of land plots, land users, landowners and tenants of land plots in the preservation and restoration of soil fertility, protection of land from the negative impacts of economic activity, economic incentives for the protection and use of land may be carried out in the manner prescribed by budget legislation and legislation on taxes and fees.

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.

56. PURPOSE AND PERMITTED USE OF LAND PLOTS

The Land Code of the Russian Federation, as one of the principles of land legislation, established the division of land into categories. The belonging of land to one category or another predetermines their main intended purpose and the corresponding legal regime for the use of land of each specific category (taking into account zoning and permitted use). The assignment of land to categories and their transfer from one to another is determined and carried out by the competent authorities, but not by the land users themselves. The legal regime of land is determined on the basis of their belonging to a particular category of land, intended purpose and permitted use in accordance with the zoning of territories and legal requirements.

Purpose of land - this is a special direction of land use, the functions of land in social relations: a means of production, a base for the development of industry, a place of residence for people and the location of all existing natural objects.

In accordance with the Land Code of the Russian Federation, lands in the Russian Federation are divided according to the intended purpose, depending on the category of land, into the following:

▪ agricultural land;

▪ lands of populated areas;

▪ lands of specially protected areas and objects;

▪ forest lands;

▪ water fund lands;

▪ reserve lands.

Permitted use - these are the features of land use within the established categories. The legal regime of land also depends on the established permitted use. The types and conditions of permitted use are established for each category separately. For example, the types of permitted use of land plots and capital construction projects are determined by the Town Planning Code of the Russian Federation. For each territorial zone, the types of permitted use of land plots are established.

The permitted use of land plots and capital construction facilities can be of the following types: main types of permitted use; conditionally permitted uses; ancillary permitted uses permitted only as additional to, and combined with, primary permitted uses and conditional permitted uses.

The main and auxiliary types of permitted use of land plots and capital construction facilities by the right holders of land plots and capital construction facilities, with the exception of state authorities, local governments, state and municipal institutions, state and municipal unitary enterprises, are chosen independently without additional permits and approval.

An individual or legal entity has the right to challenge in court a decision to grant a permit for a conditionally permitted type of use of a land plot or a capital construction facility or to refuse to grant such a permit.

57. LEGAL RESPONSIBILITY FOR LAND OFFENSES

Administrative and criminal liability for land violations. Persons guilty of committing land offenses shall bear administrative or criminal liability in the manner prescribed by law. According to the Code of Administrative Offenses of the Russian Federation, an offense is an unlawful, guilty (intentional or negligent) action or inaction of an individual or legal entity, for which the legislation provides for administrative liability. Administrative liability occurs if violations by their nature do not entail criminal liability in accordance with criminal law. The Criminal Code of the Russian Federation provides for crimes related to land relations. For example, in Art. 254 of the Criminal Code of the Russian Federation "Spoilage of the earth" provides for liability for poisoning, pollution of the earth with harmful products due to violation of the rules for handling fertilizers, plant growth stimulants, pesticides and other hazardous chemical or biological substances during their storage, use and transportation, resulting in harm to human health or the environment environment.

Bringing a person guilty of committing land offenses to criminal or administrative responsibility does not relieve him of the obligation to eliminate the committed land offenses and compensate for the damage caused.

Civil liability expressed in compensation for losses, harm, etc.

Losses caused by violation of the rights of land owners, land users, land owners and tenants of land plots are subject to compensation in full, including lost profits, in the manner prescribed by civil law.

Legal entities, citizens are obliged to fully compensate for the damage caused as a result of their committing land offenses.

Unauthorized occupied land plots shall be returned to their owners, land users, landowners, tenants of land plots without reimbursement of expenses incurred by persons guilty of violating land legislation during the illegal use of these land plots.

Disciplinary liability for land offenses. Officials and employees of the organization who are guilty of committing land offenses bear disciplinary liability if, as a result of their improper performance of their duties, the organization incurs administrative liability for the design, placement and commissioning of facilities that have a negative impact on the state of land, their contamination with chemical and radioactive substances. substances, industrial waste and wastewater.

Land and legal liability is expressed in the forced seizure of a land plot from owners, land users, landowners for systematic violation of the rules for its use.

58. LAND OFFENSES

Offense - this is a guilty, illegal, socially dangerous act of a person that has harmed the interests of society, the state and the individual. A land offense is understood as an illegal act that violates land legislation and causes harm to land resources, the environment and human health.

In accordance with the law, legal entities and citizens are obliged to fully compensate for the damage caused as a result of their committing land offenses.

Compensation for harm is made voluntarily or by a court decision in the established amount of damage caused to the land, or according to the actual costs of restoring the disturbed state, taking into account the losses incurred, including lost profits.

The amounts of damage are compensated to the injured party for taking measures to restore the losses. Compensation for harm in kind means imposing on the defendant, with the consent of the parties, the obligation to restore land and other natural resources and objects at the expense of his forces and means. Damage caused to a land plot and other property of citizens as a result of an adverse impact caused by the activities of enterprises, institutions, organizations or individual citizens is compensated.

Compensation for damages is covered by the more general civil law institution of termination of ownership. Compulsory acquisition of land, for example, includes:

1) alienation of a land plot, which, by virtue of law, cannot belong to this person;

2) requisition - the withdrawal of a land plot by decision of a state body in the manner and on the conditions established by law, with payment of the cost; the valuation of the recoverable can be challenged in court;

3) confiscation - gratuitous seizure of a land plot by a court decision or in an administrative order for committing an offense in cases provided for by law. The legislation provides for the possibility of demands for restriction, suspension or termination of the activities of legal entities and individuals carried out in violation of the legislation in the field of environmental protection.

In accordance with the legislation, legal entities and individuals who have caused harm to the land as a result of its pollution, depletion, damage, destruction, irrational use of natural resources, degradation and destruction of natural ecological systems, natural complexes and natural landscapes and other violations of environmental legislation, must pay it back in full.

Bringing land plots into a usable condition when they are littered, other types of damage, unauthorized occupation, demolition of buildings, structures, structures during unauthorized occupation of land plots or unauthorized construction, as well as the restoration of destroyed boundary marks is carried out by legal entities and citizens guilty of these land offences, or at their expense.

59. CRIMINAL LIABILITY FOR LAND OFFENSES

Persons guilty of committing land offenses criminal liability in the manner prescribed by law. Persons guilty of committing crimes, i.e., socially dangerous acts prohibited by the Criminal Code of the Russian Federation under threat of punishment, bear criminal liability.

The Criminal Code of the Russian Federation provides for crimes related to land relations. For example, in Art. 254 of the Criminal Code of the Russian Federation "Damage of the earth" provides for liability for poisoning, pollution of the earth with harmful products due to violation of the rules for handling fertilizers, plant growth stimulants, pesticides and other hazardous chemical or biological substances during their storage, use and transportation, resulting in harm to human health or the environment environment.

The Criminal Code provides for crimes related to land and other environmental relations:

1) violation of the rules of environmental protection in the course of work, violation of the rules for handling environmentally hazardous substances and waste, violation of safety rules when handling microbiological or other biological agents or toxins;

2) violation of veterinary rules and rules established for the control of plant diseases and pests, water pollution, air pollution, marine environment pollution, violation of the legislation of the Russian Federation on the continental shelf and on the exclusive economic zone of the Russian Federation;

3) illegal harvesting of aquatic animals and plants, violation of the rules for the protection of fish stocks, illegal hunting, destruction of critical habitats for organisms listed in the Red Book of the Russian Federation, illegal felling of trees and shrubs, destruction or damage to forests, violation of the regime of specially protected natural areas and natural objects and etc.

The crimes related to land relations are the following acts.

Violation of environmental protection rules in the course of design, placement, construction, commissioning and operation of industrial, agricultural, scientific and other facilities by persons responsible for compliance with these rules, if this entailed a significant change in the radioactive background, causing harm to human health, mass death of animals, or other serious consequences.

Production of prohibited types of hazardous wastes, their storage, burial or other handling of substances and wastes in violation of the established rules, if these acts created a threat of causing significant harm to human health or the environment.

Violation of safety rules when handling microbiological agents, if this caused harm to human health, the spread of epidemics or epizootics, or other serious consequences.

Poisoning, pollution or other damage to the land by harmful products of economic or other activities due to violation of the rules for handling fertilizers and other hazardous substances during their storage, use and transportation, resulting in harm to human health or the environment.

Bringing a person guilty of committing land offenses to criminal responsibility does not relieve him of the obligation to eliminate the committed land offenses and compensate for the harm caused by them.

60. ADMINISTRATIVE RESPONSIBILITY FOR LAND VIOLATIONS

Persons guilty of committing land offenses bear administrative responsibility in the manner prescribed by law. According to the Code of Administrative Offenses of the Russian Federation, an offense is an unlawful, guilty (intentional or negligent) action or inaction of an individual or legal entity, for which the legislation provides for administrative liability. Administrative liability occurs if violations by their nature do not entail criminal liability in accordance with criminal law.

The Code of Administrative Offenses of the Russian Federation provides for the following offenses in the field of protection and use of land, for which administrative liability is established:

▪ in the field of property protection - unauthorized occupation of a land plot; destruction of boundary signs; use of subsoil without permission or in violation of the conditions stipulated by the license; unauthorized occupation of a water body or use of it without a license; unauthorized occupation of a forest fund plot or a forest plot not included in the forest fund, unauthorized assignment of the right to use land, subsoil, forest fund plot, forest plot not included in the forest fund, or a water body, etc.;

▪ in the field of environmental protection and natural resource management - non-compliance with environmental requirements when planning, feasibility studies of projects, design, placement, construction, reconstruction, commissioning, operation of enterprises, structures or other facilities; violation of legislation on environmental assessment; concealment or distortion of environmental information;

▪ violation of requirements for the protection and rational use of subsoil and hydromineral resources, violation of the rules and requirements for carrying out work on geological study of subsoil;

▪ violation of rules for the protection of water bodies, rules for water use, rules for the operation of water management or water protection structures and devices;

▪ violation of rules for the protection of atmospheric air, putting into operation motor vehicles that exceed the standards for the content of pollutants in emissions or noise level standards;

▪ violation of forest management rules, rules for secondary forest use, illegal logging, damage or digging up of trees and shrubs, violation of forest protection requirements;

▪ destruction of animal habitats, violation of rules for protecting habitats or migration routes of animals, destruction of rare and endangered species of animals or plants, violation of rules for protecting fish stocks;

▪ damage to agricultural and other lands; untimely return of temporarily occupied lands or failure to bring them into a condition suitable for their intended use; use of land for purposes other than its intended purpose, failure to implement mandatory measures to improve land and protect soils, etc.

Bringing a person guilty of committing land offenses to administrative responsibility does not relieve him of the obligation to eliminate the committed land offenses and compensate for the harm caused by them.

61. CIVIL LIABILITY

Civil (property) liability expressed in compensation for losses, harm, etc.

The Civil Code of the Russian Federation provides for rules that apply in cases of harm:

1) the harm is subject to compensation in full by the person who caused the harm;

2) a law or an agreement may establish the obligation of the person who caused the harm to pay compensation to the victims in excess of compensation for harm;

3) the person who caused the harm is released from its compensation if he proves that the harm was caused through no fault of his. At the same time, the law may provide for compensation for harm even in the absence of guilt;

4) damage caused by lawful actions is subject to compensation in cases provided for by law. Compensation for harm may be refused if the harm was caused at the request or with the consent of the victim, and the actions of the person who caused the harm do not violate the moral principles of society;

5) the danger of causing harm in the future may be the basis for a claim for the prohibition of activities that create such a danger;

6) if the harm caused is a consequence of the operation of an enterprise, structure or other activity that continues to cause harm or threatens new harm, the court has the right to oblige the defendant, in addition to compensation for harm, to suspend or terminate the relevant activity;

7) a legal entity, a citizen compensate for the harm caused by their employees in the performance of their labor duties. Business partnerships and production cooperatives compensate for the damage caused by their participants (members) in the course of their entrepreneurial or other activities of the partnership or cooperative;

9) harm caused to a citizen or legal entity as a result of illegal actions (inaction) of government bodies, officials of these bodies, is subject to compensation at the expense of the treasury of the Russian Federation, the treasury of a subject of the Russian Federation or the treasury of a municipal entity;

10) legal entities, citizens whose activities are associated with increased danger to others, are obliged to compensate for the harm caused by a source of increased danger, unless they prove that the harm arose as a result of force majeure or the intent of the victim. Compensation for losses, harm is made voluntarily or by a court decision.

By a court decision, a person guilty of violating the rights of owners of land plots, land users, land owners and tenants of land plots may be forced to fulfill the obligation in kind. The defendant, with the consent of the parties, may be assigned the obligation to eliminate the consequences of a land offense at his own expense. The fulfillment of the duty in kind means the restoration of soil fertility, the restoration of land plots within the former boundaries, the erection of demolished buildings, structures, structures, the demolition of illegally erected buildings, structures, structures, the restoration of boundary and information signs, the elimination of other consequences of land violations and the fulfillment of obligations that have arisen.

62. DISCIPLINARY RESPONSIBILITY

One of the types of liability for an offense is disciplinary liability.

Disciplinary responsibility is the legal responsibility in the order of subordination in the service of employees of organizations of all forms of ownership for committing misconduct related to labor activity, if these misconduct cannot be qualified as administrative offenses or crimes.

The Land Code of the Russian Federation provides for disciplinary responsibility of officials and employees of the organization. Officials and employees guilty of committing land offenses shall bear disciplinary responsibility in cases where, as a result of improper performance of their official or labor duties, the organization has incurred administrative responsibility for the design, placement and commissioning of facilities that have a negative impact on the state of land, their pollution by chemical and radioactive substances, industrial waste and sewage.

The procedure for bringing to disciplinary liability is determined by labor legislation, legislation on state and municipal service, legislation on disciplinary liability of heads of administrations, federal laws and other regulatory legal acts of the Russian Federation, laws and regulatory legal acts of the constituent entities of the Russian Federation.

Officials and employees of organizations, institutions, enterprises in accordance with the provisions, charters, internal regulations and other regulatory legal acts bear disciplinary responsibility.

Unlike administrative and criminal liability, there is no complete list of disciplinary offenses - their nature and content are determined by the nature and content of the production and job duties of the employee. As a rule, they should be reflected in the instructions, regulations on the functions of employees. The application of administrative action to the organization should entail disciplinary liability of the guilty employee without fail.

Labor legislation provides for the following types of disciplinary sanctions for committing a disciplinary offense:

▪ remark;

▪ reprimand;

▪ dismissal for appropriate reasons.

The legislation on disciplinary liability may provide for other types of disciplinary sanctions for certain categories of employees. For example, the Law “On Environmental Protection” stipulates that heads of organizations, institutions, enterprises, and other employees of the organization who are guilty of committing land offenses may be fully or partially deprived of bonuses or other means of incentives: for failure to implement plans and measures for nature protection; for violation of environmental quality standards or environmental legislation.

Disciplinary liability in the form of a remark, reprimand or dismissal is applied by the employer for non-performance or improper performance by the employee through his fault of the labor duties assigned to him. This type of legal liability arises for failure to comply with the requirements of labor individual and collective agreements, environmental legislation.

63. LAND AND LEGAL LIABILITY

Land legal liability is expressed in the forced seizure of a land plot (termination of rights) from owners, land users, land owners for systematic violation of the rules for its use.

Forced withdrawal from the owner its land plot is carried out in the manner prescribed by civil law.

A land plot may be withdrawn from the owner in cases where the land plot is intended for agricultural production or housing or other construction and is not used for the corresponding purpose within 3 years, unless a longer period is established by law. This period does not include the time required for the development of the site, as well as the time during which the site could not be used for its intended purpose due to natural disasters or due to other circumstances precluding such use.

A land plot may be confiscated from the owner if the use of the land plot is carried out in gross violation of the rules for the rational use of land established by land legislation, in particular if the land plot is not used in accordance with its intended purpose or if its use leads to a significant decrease in the fertility of agricultural land or a significant deterioration in the environmental environment.

Forced withdrawal from land users, landowners land is carried out in the manner prescribed by land legislation. A land plot can be withdrawn by forcibly terminating the right of lifelong inheritable possession of a land plot, the right to permanent (unlimited) use of a land plot, the right to use a land plot free of charge in the event of its improper use.

Compulsory termination of the right of lifetime inheritable possession of a land plot, the right of permanent (unlimited) use of a land plot, the right of gratuitous fixed-term use of a land plot is carried out provided that the facts of improper use of the land plot are not eliminated after the imposition of an administrative penalty in the form of a fine. Simultaneously with the imposition of an administrative penalty by the authorized executive body of state power for the implementation of state land control, a person guilty of violating land legislation is issued a warning about committed land offenses, followed by notification of the body that provided the land plot.

If the land offenses indicated in the warning are not eliminated within the prescribed period, the executive body of state power that issued the warning sends materials on the termination of the right to a land plot due to improper use to the executive body of state power or local self-government.

The authorized authority sends an application to the court for the termination of the right to a land plot. Termination of the right to a land plot does not exempt persons guilty of violating land legislation from compensation for the harm caused. The decision to withdraw a land plot due to improper use of the land plot may be appealed in court.

64. LEGAL REGIME OF AGRICULTURAL LAND

Agricultural lands are recognized as lands beyond the boundaries of settlements, provided for the needs of agriculture, as well as intended for these purposes.

Composition of agricultural land:

▪ agricultural land;

▪ lands occupied by on-farm roads, communications, forest plantations intended to protect lands from the effects of negative (harmful) natural, anthropogenic and man-made phenomena, water bodies, as well as buildings, structures, structures used for the production, storage and primary processing of agricultural products. Agricultural lands are used for agricultural production, creation of protective forest plantations, research, educational and other purposes related to agricultural production:

▪ citizens, including those leading peasant (farm) households, personal subsidiary plots, gardening, livestock breeding, and vegetable gardening;

▪ business partnerships and societies, production cooperatives, state and municipal unitary enterprises, and other commercial organizations;

▪ non-profit organizations, including consumer cooperatives, religious organizations;

▪ Cossack societies;

▪ experimental-production, educational, experimental-training and educational-production units of research organizations, agricultural educational institutions and general educational institutions; - communities of indigenous peoples of the North, Siberia and the Far East to preserve and develop their traditional way of life, management and crafts.

The use of agricultural lands or land plots as part of such lands provided for the period of construction of roads, power lines, communication lines (including linear cable structures), oil pipelines, gas pipelines and other pipelines is carried out if there is an approved project for the reclamation of such lands for needs of agriculture without transferring agricultural land to land of other categories.

Agricultural lands - arable land, hayfields, pastures, fallow lands, lands occupied by perennial plantations (gardens, vineyards, etc.) - as part of agricultural lands, have priority in use and are subject to special protection.

Especially valuable productive agricultural lands, including agricultural lands of experimental production units of research organizations and educational and experimental units of educational institutions of higher professional education, agricultural lands, the cadastral value of which significantly exceeds the average level of cadastral value for the municipal district (urban district), may be, in accordance with the laws of the constituent entities of the Russian Federation, included in the list of lands, the use of which for other purposes is not allowed.

The use and turnover of land plots (land shares) from agricultural land is regulated by the Law "On the turnover of agricultural land".

65. LEGAL REGULATION OF THE TURNOVER OF AGRICULTURAL LAND

The turnover of land plots (land shares) from agricultural land is regulated by the Law "On the turnover of agricultural land".

Purchase and sale of land from agricultural land. A constituent entity of the Russian Federation or, in cases established by the law of a constituent entity of the Russian Federation, a municipal formation has the pre-emptive right to purchase such a land plot at the price for which it is sold, except in cases of sale at public auction. If this right is not observed, the transaction is void.

Land lease from agricultural land. Land plots that have passed the state cadastral registration, including land plots that are in shared ownership, can be leased. The lease term cannot exceed 49 years. The minimum rental period is established by the law of the constituent entity of the Russian Federation, depending on the permitted use.

Provision of land plots from agricultural land in state or municipal ownership. Such plots are provided to citizens and legal entities for ownership at auctions (competitions, auctions). At the same time, the leased land plot can be acquired by the tenant for ownership at market value or at the price established by the law of the constituent entity of the Russian Federation, after 3 years from the date of conclusion of the lease agreement.

Leasing of such plots is carried out if there is only one application for the transfer of plots for rent, subject to prior publication of the relevant message in the media. If there are two or more applications, then the plots are provided at the auction.

Land inheritance from agricultural land. If the heir is a person who, by virtue of law, is not entitled to possess such a plot, then such heirs are obliged to alienate land plots.

Features of transactions with shares in the right of common ownership of a land plot from agricultural land. If the number of participants in shared ownership exceeds five, the rules of the Civil Code of the Russian Federation are applied subject to the following features.

Without allocating a land plot on account of a land share, a participant in shared ownership has the right to bequeath his land share, contribute it to the authorized capital of an agricultural organization using a land plot that is in shared ownership, or transfer his land share for trust management, or sell or donate it to the specified persons or a citizen - a member of a peasant (farm) economy, using a land plot that is in shared ownership. A participant in shared ownership has the right to dispose of the land share in another way only after the allocation of the land plot on account of the land share. If a participant in shared ownership sells his share without allocating a land plot to another participant in shared ownership, an agricultural organization or a citizen - a member of a peasant (farm) economy using the plot, it is not required to notify other participants in shared ownership of the intention to sell his land share.

66. LEGAL REGIME OF LAND USED FOR PERSONAL AUXILIARY HOUSEHOLDS AND GARDENING

Land plots within the boundaries of settlements and from agricultural land may be used for personal subsidiary plots, gardening and horticulture. Therefore, the legal regime of land used for personal subsidiary plots, horticulture and horticulture is closely related to the legal regime of agricultural land. Features of the legal regime of lands used for personal subsidiary farming, horticulture and horticulture are the grounds and procedure for acquiring rights to land plots from settlement lands, agricultural land owned by the state or municipal government for personal subsidiary farming, horticulture and horticulture.

For personal farming a land plot within the boundaries of settlements (homestead land) and a land plot outside settlements (field land) can be used.

A personal plot of land is used for the production of agricultural products, as well as for the construction of a residential building, industrial, domestic and other buildings, structures, structures in compliance with urban planning regulations, construction, environmental, sanitary and hygienic, fire and other rules and regulations.

The field land is used exclusively for the production of agricultural products without the right to erect buildings and structures on it.

Limit (maximum and minimum) sizes of land plots are established by regulatory legal acts of local governments.

The maximum size of the total area of land plots that can be simultaneously under the right of ownership and (or) another right for citizens who maintain personal subsidiary plots is established by the law of the subject of the Russian Federation.

The turnover of such land plots is carried out in accordance with civil and land legislation.

For horticulture and horticulture land plots may be granted to gardeners, gardeners, dacha owners and their horticultural, horticultural and dacha non-profit associations that have received such land plots from lands owned by the state or municipal property, carried out without bidding for a fee or free of charge in cases established by federal laws, laws of subjects of the Russian Federation.

Land plots related to common use property are subject to transfer to the ownership of a horticultural, horticultural or dacha non-profit association free of charge.

Citizens who have been granted garden, garden or dacha land plots on the basis of the right of lifetime inheritable possession or permanent (unlimited) use shall have the right to register ownership of such land plots. Decision-making on granting such land plots to the said citizens in the ownership of such land plots in this case is not required.

The turnover of such land plots is regulated by civil legislation, unless otherwise provided by land legislation.

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.

68. COMPENSATION FOR LOSSES OF AGRICULTURAL PRODUCTION AND FORESTRY

Losses of agricultural production are subject to compensation within three months after a decision is made to transfer agricultural land or land plots as part of such land to another category.

Loss of agricultural production reimbursed:

▪ persons, on the basis of whose petition a decision was made to transfer agricultural lands or land plots as part of such lands to another category;

▪ persons for whom security and sanitary protection zones are established.

Losses of agricultural production are compensated in cases where land plots are provided for permanent (unlimited) use or are transferred to ownership free of charge. In cases where land plots are sold or leased out, agricultural production losses are included in the cost of land plots or are taken into account when rent is established.

When calculating the losses of agricultural production, the cost standards for the development of new lands are used to replace the withdrawn agricultural land, and also depending on the quality of agricultural land.

Funds received in the order of compensation for losses in agricultural production are credited to the relevant local budget and can be used to finance land protection measures, including measures to improve soil fertility, and if there is a positive conclusion from the environmental review of the project for the development of new lands, their development in accordance with budget laws.

When transferring forest lands to non-forest lands for their use for purposes not related to forest management and forest management, or when transferring forest fund lands to lands of other categories, forestry losses are compensated.

Forestry losses are compensated by persons who are provided with forest fund lands for their use for purposes not related to forest management and forest management, or when transferring forest fund lands to lands of other categories.

The procedure for compensation for forestry losses is approved by the Government of the Russian Federation. Forestry losses are compensated by charging fees for the transfer of forest lands to non-forest lands for their use for purposes not related to forest management, forest management, as well as for the transfer of forest fund lands to lands of other categories. The amount of the land transfer fee is determined on the basis of the respective basic fees. When calculating the amount of payment for the transfer of land, coefficients are applied that take into account the environmental component of the assessment of forest fund lands, depending on the group of forests and category of forests, as well as socio-economic conditions in individual municipal districts of a constituent entity of the Russian Federation.

When calculating the amount of payment for the transfer of forest land to non-forest land for use for purposes not related to forestry, coefficients are applied that take into account the transfer time. When extending the term of the said transfer, the calculation of the amount of the fee is made on the basis of the initial basic fees, taking into account the total term of the transfer minus the previously paid fee.

69. LEGAL REGIME OF LAND OF SETTLEMENTS

Settlement lands lands used and intended for construction and development of settlements are recognized. The boundaries of urban, rural settlements separate the lands of settlements from lands of other categories. The boundaries of urban, rural settlements cannot cross the boundaries of municipalities or go beyond their boundaries, as well as cross the boundaries of land plots provided to citizens or legal entities.

The legal regime of land plots from the lands of settlements depends on its belonging to a certain territorial zone. Settlement lands include several territorial zones. These include: residential; social and business; production; engineering and transport infrastructures; recreational; agricultural use; special purpose; military installations; other territorial zones. Land plots belong to a certain territorial zone in accordance with urban planning regulations.

Urban planning regulations are established for each territorial zone by the rules of land use and development, taking into account the peculiarities of its location and development.

Land plots as part of residential zones are intended for development with residential buildings, as well as objects of cultural, community and other purposes.

Land plots as part of public and business zones are intended for development with administrative buildings, educational, cultural, community, social facilities and other objects intended for public use in accordance with urban planning regulations.

The land plots within the production zones are intended for development with industrial and other production facilities intended for these purposes in accordance with urban planning regulations.

Land plots as part of engineering and transport infrastructure zones are intended for development with railway, road, river transport facilities, as well as other facilities in accordance with urban planning regulations.

Land plots as part of recreational zones, including land plots occupied by urban forests, squares, parks, city gardens, ponds, lakes, reservoirs, are used for citizens' recreation and tourism.

Within the boundaries of settlements, zones of specially protected territories can be distinguished, which include land plots of special environmental, scientific, historical, cultural, aesthetic and other especially valuable value.

Land plots on which there are objects that are not historical and cultural monuments, but located within the boundaries of the zones of protection of historical and cultural monuments, are used taking into account the requirements for the protection of historical and cultural monuments.

Land plots as part of agricultural use zones in settlements - land plots occupied by arable land, perennial plantations, as well as buildings, structures, structures for agricultural purposes.

Land plots for common use occupied by squares, streets, driveways, highways, embankments, squares, boulevards, water bodies, beaches and other objects may be included in various territorial zones and are not subject to privatization.

70. COMPOSITION OF LAND OF SETTLEMENTS AND ZONING OF TERRITORIES

The composition lands of settlements includes land plots classified in accordance with urban planning regulations to the following territorial zones:

1) residential;

2) social and business;

3) production;

4) engineering and transport infrastructures;

5) recreational;

6) agricultural use;

7) special purpose;

8) military facilities;

9) other territorial zones.

The rules for land use and development establish the urban planning regulations for each territorial zone individually, taking into account the peculiarities of its location and development, as well as the possibility of territorial combination of various types of land use (residential, public and business, industrial, recreational and other types of land use).

Land plots as part of residential zones are intended for development with residential buildings, as well as objects of cultural, community and other purposes.

The land plots within the production zones are intended for development with industrial and other production facilities intended for these purposes in accordance with urban planning regulations.

Land plots as part of recreational zones, including land plots occupied by urban forests, squares, parks, city gardens, ponds, lakes, reservoirs, are used for citizens' recreation and tourism.

Within the boundaries of settlements, zones of specially protected territories can be distinguished, which include land plots of special environmental, scientific, aesthetic and other especially valuable value.

Land plots containing objects that are not monuments of history and culture, but located within the boundaries of the zones of protection of historical and cultural monuments, are used taking into account the requirements for the protection of historical and cultural monuments.

Land plots as part of agricultural use zones in settlements - land plots occupied by arable land, perennial plantations, as well as buildings, structures, structures for agricultural purposes.

Public plots occupied by squares, streets, driveways, highways, embankments, squares, boulevards, water bodies, beaches and other objects may be included in various territorial zones and are not subject to privatization.

Suburban areas. Such zones may include lands located outside the boundaries of urban settlements, constituting a single social, natural and economic territory with the city and not included in the lands of other settlements. In suburban areas, areas for agricultural production, recreational areas for the population, and reserve lands for city development are allocated.

71. COMPOSITION OF LAND FOR SPECIAL PURPOSE

The lands of industry, energy, transport, communications, broadcasting, television, computer science, lands for space activities, lands of defense, security and lands of other special purposes are lands that are located outside the boundaries of settlements and are used or intended to ensure the activities of organizations and (or ) operation of industrial facilities, energy, transport, communications, broadcasting, television, computer science, facilities for space activities, defense and security facilities, the implementation of other special tasks and the rights to which have arisen for participants in land relations on the grounds provided for by the Land Code of the Russian Federation, federal laws and laws of subjects of the Russian Federation.

Industrial and other special purpose lands constitute a separate category of land.

Industrial and other special-purpose lands, depending on the nature of the special tasks for which they are used or intended, are subdivided:

▪ industrial lands;

▪ energy lands;

▪ transport lands;

▪ land of communications, radio broadcasting, television, computer science;

▪ land to support space activities;

▪ lands of defense and security;

▪ land for other special purposes.

Features of the legal regime of these lands are taken into account when zoning the territories.

In order to ensure the safety of the population and create the necessary conditions for the operation of industrial facilities, energy facilities, especially radiation and nuclear hazardous facilities, storage facilities for nuclear materials and radioactive substances, transport and other facilities, security, sanitary -protective and other zones with special conditions for land use. Land plots that are included in such zones are not withdrawn from the owners of plots, land users, landowners and tenants, but a special regime for their use may be introduced within their boundaries, restricting or prohibiting activities that are incompatible with the goals of establishing zones.

Industrial and other special-purpose lands occupied by federal energy systems, nuclear facilities, federal transport, communication routes, federal informatics and communications facilities, space activities facilities, defense and security facilities, defense production facilities, status and protection facilities The state border of the Russian Federation, other objects assigned to the jurisdiction of the Russian Federation, are federal property.

Plots from industrial and other special-purpose lands in accordance with the Land Code of the Russian Federation may be provided for free fixed-term use for agricultural production and other use.

72. INDUSTRY LAND

The legal regime of industrial lands is established taking into account the interests of the development of industrial sectors. Industrial lands are designed to accommodate industrial facilities.

Industrial lands lands are recognized that are used or intended to ensure the activities of organizations and (or) the operation of industrial facilities and the rights to which the participants in land relations have arisen on the grounds provided for by the Land Code of the Russian Federation, federal laws and laws of the constituent entities of the Russian Federation.

Land plots from industrial lands, if they are not withdrawn from circulation, may be provided for carrying out activities in the field of industrial production. Withdrawn from circulation are industrial lands occupied by federally owned facilities for the use of atomic energy, storage facilities for nuclear materials and radioactive substances, as well as facilities in closed administrative-territorial formations.

In addition, they are limited in circulation:

▪ land within the boundaries of closed administrative-territorial entities;

▪ industrial lands provided for the production of toxic substances and narcotic drugs;

▪ land plots from industrial lands contaminated with hazardous waste, radioactive substances, subjected to biogenic contamination, and other lands subject to degradation.

In order to ensure the activities of organizations and (or) the operation of industrial facilities, land plots may be provided for the placement of industrial and administrative buildings, structures, structures and facilities serving them, as well as sanitary protection and other zones with special conditions for land use may be established.

Industrial lands are subject to the negative impact of man-caused nature. Therefore, persons using these lands are obliged to comply with the requirements for land protection, reclamation, restoration of disturbed lands established by the Land Code and other special legislation.

Organizations of the mining and oil and gas industries are provided with land plots for the development of minerals after registration of a mining allotment, approval of a land reclamation project, restoration of previously worked-out lands. Particularly valuable productive agricultural land is provided after the development of other agricultural land located within the boundaries of the mining allotment.

Specific conditions for the use of land plots may be established by legislation on certain types of industry. For example, the Subsoil Law establishes the procedure for allotment and use of land plots for the purpose of subsoil use. Granting of licenses for the use of subsoil is carried out only with the prior consent of the owner of the land plot for the allocation of the relevant land plot for the purposes of subsoil use. The Subsoil Law also establishes that the subsoil user is obliged to ensure that land plots and other natural objects are brought into a condition suitable for their further use.

The sizes of the land plots are determined in accordance with the norms approved in accordance with the established procedure or design and technical documentation.

73. TRANSPORT LAND

Transport lands lands are recognized that are used or intended to ensure the activities of organizations and (or) the operation of objects of automobile, sea, inland water, rail, air and other modes of transport and the rights to which have arisen among participants in land relations on the grounds provided for by the Land Code of the Russian Federation, federal laws and the laws of the subjects of the Russian Federation.

In order to ensure the activities of organizations and the operation of railway transport facilities, land plots may be provided:

▪ for the placement of railway tracks;

▪ placement, operation, expansion and reconstruction of structures, buildings, structures, including railway stations, railway stations, as well as devices and other objects necessary for the operation, maintenance, construction, reconstruction, repair, development of above-ground and underground buildings, structures, structures, devices and other objects of railway transport;

▪ establishment of rights of way and security zones. Vacant land plots on railway right of way within the boundaries of railway transport lands can be leased to citizens and legal entities for agricultural use, provision of services to passengers, storage of goods, construction of loading and unloading areas, construction of railside warehouses (with the exception of warehouses for fuels and lubricants and gas stations of any type, as well as warehouses intended for storing hazardous substances and materials) and other purposes, subject to compliance with traffic safety requirements.

To create normal operating conditions for federal highways, roadside lanes are created in the form of land plots adjacent to the right of way of federal highways on both sides with the establishment of a special regime for their use.

In order to ensure the activities of organizations and the operation of marine and inland water transport facilities, land plots may be provided:

▪ for the placement of artificially created inland waterways;

▪ location of sea and river ports, berths, and other facilities necessary for the operation and development of above-ground and underground buildings, structures, structures, devices and other objects of maritime and inland water transport;

▪ allocation of the coastal strip.

In order to ensure the activities of organizations and the operation of air transport facilities, land plots may be provided for the placement of airports, airfields, air terminals, runways, other ground facilities necessary for the operation, maintenance, construction, reconstruction, repair, development of ground and underground buildings, structures , structures, devices and other objects of air transport.

The boundaries of the security zones on which the objects of the gas supply system are located are determined on the basis of building codes and regulations, the rules for the protection of main pipelines, and other normative documents approved in the prescribed manner. On these land plots, during their economic use, it is not allowed to build any buildings, structures, structures within the established minimum distances to the gas supply system facilities.

74. LANDS OF COMMUNICATION, RADIO BROADCASTING, FOR ENSURING SPACE ACTIVITIES, DEFENSE AND SECURITY

Lands of communication, broadcasting, television, computer science lands are recognized that are used or intended to support the activities of organizations and objects of communication, radio broadcasting, television, computer science and the rights to which have arisen for participants in land relations on the grounds provided for by the Land Code of the Russian Federation, federal laws and laws of the constituent entities of the Russian Federation.

In order to provide communications (except for space communications), radio broadcasting, television, informatics, land plots may be provided for the placement of objects of relevant infrastructure, including:

▪ communications operating enterprises, on the balance sheet of which there are radio relay, overhead, cable communication lines and corresponding rights-of-way;

▪ cable, radio relay and overhead communication lines and radio lines on the routes of cable and overhead communication and radio lines and the corresponding security zones of communication lines;

▪ underground cable and overhead communication and radio lines and corresponding security zones of communication lines;

▪ ground and underground unattended amplification points on cable communication lines and corresponding security zones;

▪ ground facilities and satellite communications infrastructure.

Lands for space activities lands are recognized that are used or intended to support the activities of organizations and objects of space activities and the rights to which have arisen for participants in land relations on the grounds provided for by the Land Code of the Russian Federation, federal laws and laws of the constituent entities of the Russian Federation.

In order to ensure space activities, land plots may be provided for the placement of ground objects of space infrastructure, including spaceports, launch complexes and launchers, command and measurement complexes, centers and control points for space object flights, points for receiving, storing and processing information, storage bases for space technology , areas where rocket parts fall off, landing sites for space objects and runways, experimental bases for testing equipment, cosmonaut training centers, other ground structures and equipment used in space activities.

Lands of defense and security lands are recognized that are used or intended to ensure the activities of the Armed Forces of the Russian Federation, other troops, military formations and bodies, organizations, enterprises, institutions that perform the functions of armed protection of the integrity and inviolability of the territory of the Russian Federation, protection and protection of the State Border of the Russian Federation, information security, etc. types of security in closed administrative-territorial formations, and the rights to which arose among the participants in land relations on the grounds provided for by the Land Code of the Russian Federation, federal laws.

In order to ensure defense, land plots can be provided:

▪ for the construction, training and maintenance of the necessary readiness of the Armed Forces of the Russian Federation, etc.;

▪ development, production and repair of weapons, military, special, space equipment and ammunition;

▪ creation of inventories of material assets in state and mobilization reserves.

75. LEGAL REGIME OF SUBSOIL USE

The legislation on subsoil is applied to relations on the use and protection of subsoil. TO land relations the norms of the subsoil legislation are applied, if these relations are not regulated by the land legislation. Property relations for the ownership, use and disposal of land plots, as well as for transactions with them, are regulated by civil law, unless otherwise provided by land law and subsoil legislation.

The bowels are part of the earth's crust located below the soil layer, and in its absence below the earth's surface and the bottom of reservoirs and watercourses, extending to depths accessible for geological study and development.

Subsoil is provided for use for:

▪ regional geological study, including regional geological and geophysical work, geological surveying, geotechnical surveys, scientific research, paleontological and other work aimed at general geological study of the subsoil, geological work on forecasting earthquakes and studying volcanic activity, creating and maintaining monitoring state of the subsoil, control over the regime of groundwater, as well as other work carried out without significant violation of the integrity of the subsoil;

▪ geological study, including searches and assessment of mineral deposits, as well as geological study and assessment of the suitability of subsoil areas for the construction and operation of underground structures not related to mining;

▪ exploration and production of mineral resources, including the use of waste from mining and related processing industries;

▪ construction and operation of underground structures not related to mining;

▪ the formation of specially protected geological objects that have scientific, cultural, aesthetic, sanitary, health and other significance (scientific sites, geological reserves, wildlife sanctuaries, natural monuments, caves);

▪ collection of mineralogical, paleontological and other geological collection materials. Subsoil may be provided for use simultaneously for geological study and mining. In this case, production can be carried out both during the process of geological exploration and immediately upon its completion.

Owners of land plots, land users, landowners and tenants of land plots have the right, at their discretion, within their boundaries, to carry out, without the use of blasting, the extraction of common minerals that are not listed on the state balance sheet, and the construction of underground structures for their needs to a depth of five meters, as well as the installation and operation of domestic wells and wells on the first aquifer, which is not a source of centralized water supply.

In other cases, subsoil use is subject to a license. The granting of a license for the use of subsoil is carried out with the consent of the owner of the land plot, land user or land owner to provide the relevant land plot for work related to geological survey and other use of the subsoil.

76. LAND OF SPECIALLY PROTECTED TERRITORIES

Lands of specially protected territories lands are recognized that have a special environmental, scientific, historical, cultural, aesthetic, recreational, health and other valuable value, which are withdrawn in accordance with the decisions of federal government bodies, government bodies of the constituent entities of the Russian Federation or decisions of local governments in whole or in part from the economic use and circulation and for which a special legal regime has been established.

Lands of specially protected territories include lands:

▪ specially protected natural areas, including medical and recreational areas and resorts;

▪ environmental purposes;

▪ recreational purposes;

▪ historical and cultural purposes;

▪ other particularly valuable lands in accordance with the Land Code of the Russian Federation and federal laws. The list of specially protected areas is not exhaustive. Executive authorities may also establish other types of specially protected lands.

The legislation provides that the lands of specially protected territories can be of three types: federal, subjects of the Russian Federation and local significance.

The procedure for classifying lands as lands of specially protected territories of federal significance, the procedure for the use and protection of lands, specially protected territories of federal significance are established by the Government of the Russian Federation on the basis of federal laws.

The procedure for classifying lands as lands of specially protected territories of regional and local significance, the procedure for the use and protection of lands, specially protected territories of regional and local significance are established by state authorities of the constituent entities of the Russian Federation and local governments in accordance with federal laws, laws of the constituent entities of the Russian Federation and regulatory legal acts of bodies local government.

The Government of the Russian Federation, the relevant executive authorities of the constituent entities of the Russian Federation, local authorities may establish other types of lands of specially protected territories (lands on which suburban green areas, urban forests, city parks, protected coastlines, protected natural landscapes, biological stations, micro-reserves and etc.).

Lands of specially protected natural territories, lands occupied by objects of cultural heritage of the Russian Federation are used for the corresponding purposes. The use of these lands for other purposes is limited or prohibited in cases established by the Land Code, federal laws.

Certain types of lands of specially protected territories have specific features, which determines their differentiated legal regime. The special legal regime for the use and protection of each type of land in specially protected areas is determined by the Land Code of the Russian Federation, other laws, for example, the federal laws "On Specially Protected Natural Territories", "On Natural Medical Resources, Medical and Recreational Areas and Resorts" and the laws of the constituent entities of the Russian Federation.

At the same time, the lands of specially protected natural areas have common features. All land plots have common features: the land plot is an integral part of nature; is of great economic and environmental importance; marked in the order of land management on the ground.

77. LEGAL REGIME OF LAND OF SPECIALLY PROTECTED NATURAL TERRITORIES

К lands of specially protected natural areas include lands of state nature reserves, including biosphere reserves, state nature reserves, natural monuments, national parks, natural parks, dendrological parks, botanical gardens, territories of traditional nature management of indigenous peoples of the North, Siberia and the Far East, as well as lands of medical and recreational areas and resorts.

The lands of specially protected natural areas are classified as objects of national property and may be in federal ownership, in the ownership of subjects of the Russian Federation and in municipal ownership. In the cases stipulated by federal laws, it is allowed to include in the lands of specially protected natural territories land plots owned by citizens and legal entities on the basis of ownership.

Activities not related to preservation and study of natural complexes and not provided for by federal laws and laws of the constituent entities of the Russian Federation. Within the boundaries of such lands, a change in the intended purpose of land plots or the termination of rights to land for needs that contradict their intended purpose is not allowed.

On specially allocated land plots of partial economic use as part of the lands of specially protected natural areas, it is allowed to restrict economic and recreational activities.

The lands of state reserves, national parks are in federal ownership and are provided to them on the basis of the right of permanent (perpetual) use. Plots within the boundaries of state reserves and national parks are not subject to privatization. In some cases, the presence within the boundaries of national parks of land plots of other users (owners) whose activities do not have a negative impact on the land is allowed.

On the lands of specially protected natural areas of federal significance, it is prohibited:

▪ provision of gardening and summer cottage plots;

▪ construction of federal highways, pipelines and other communications, as well as construction and operation of facilities not related to the functioning of specially protected natural areas;

▪ movement and parking of mechanical vehicles not related to the functioning of specially protected natural areas, driving livestock off roads;

▪ other types of activities prohibited by federal laws.

Territories of natural parks are located on lands granted to them for permanent (perpetual) use; it is allowed to place natural parks on the lands of other users, owners.

The declaration of lands as a state natural reserve is allowed both with and without withdrawal of land plots.

Land plots occupied by natural complexes and objects declared natural monuments may be withdrawn.

78. STATE NATURAL RESERVES

The lands of specially protected natural territories include the lands of state nature reserves, including biospheric ones.

Lands of state reserves are in federal ownership and are provided to them on the basis of the right of permanent (perpetual) use. Land plots within the boundaries of state reserves and national parks are not subject to privatization.

On the territory of state natural reserves, specially protected natural complexes and objects of environmental, scientific, ecological and educational significance as samples of the natural environment, typical or rare landscapes, places of conservation of the genetic fund of flora and fauna are completely withdrawn from economic use.

State natural reserves are nature protection, research and environmental education institutions aimed at preserving and studying the natural course of natural processes and phenomena, the genetic fund of flora and fauna.

Land, water, subsoil, flora and fauna located in the territories of state natural reserves are provided for use by state natural reserves on the rights provided for by federal laws.

The property of state natural reserves is federal property.

Buildings, structures, historical, cultural and other real estate objects are assigned to state natural reserves on the basis of the right of operational management.

It is prohibited to withdraw or otherwise terminate the rights to land plots and other natural resources that are included in state natural reserves.

Natural resources and real estate of state natural reserves are completely withdrawn from circulation (they cannot be alienated and transferred from one person to another in other ways).

Regulations on a specific state nature reserve, its status are approved by a body authorized to do so by the Government of the Russian Federation.

On the lands of state nature reserves, including biospheric ones, which include especially valuable ecological systems and objects, for the sake of the preservation of which a specially protected natural area was created, activities that are not related to the conservation and study of natural complexes and objects and are not provided for by federal laws and laws are prohibited. subjects of the Russian Federation. Within the limits of the lands of specially protected natural areas, a change in the intended purpose of land plots or the termination of rights to land for needs that contradict their intended purpose is not allowed.

On the lands of the reserves, events and activities aimed at:

▪ to preserve natural complexes in their natural state, restore and prevent changes in natural complexes and their components as a result of anthropogenic impact;

▪ maintaining conditions that ensure sanitary and fire safety;

▪ preventing conditions that could cause natural disasters that threaten human lives and settlements;

▪ carrying out environmental monitoring;

▪ performing research tasks;

▪ conducting environmental education work;

▪ carrying out control and supervisory functions.

79. NATIONAL PARKS

The lands of specially protected natural areas include national park lands.

On the lands of national parks, which include especially valuable ecological systems and objects, for the sake of the preservation of which a specially protected natural area was created, activities that are not related to the conservation and study of natural complexes and objects and are not provided for by federal laws and laws of the constituent entities of the Russian Federation are prohibited. Within the limits of the lands of specially protected natural areas, a change in the intended purpose of land plots or the termination of rights to land for needs that contradict their intended purpose is not allowed.

National parks are nature protection, environmental education and research institutions, the territories (water areas) of which include natural complexes and objects of special ecological, historical and aesthetic value, and are intended for use in environmental, educational, scientific and cultural purposes and for regulated tourism.

Historical and cultural objects put under state protection in accordance with the established procedure are transferred to the use of national parks only upon agreement with the state body for the protection of historical and cultural monuments.

A specific national park operates on the basis of a regulation approved by the state body in charge of which it is located, in agreement with the specially authorized state body of the Russian Federation in the field of environmental protection.

A differentiated regime of special protection is established on the territories of national parks, taking into account their natural, historical, cultural and other features.

Any activity that can damage natural complexes and objects of flora and fauna, cultural and historical objects and that is contrary to the goals and objectives of the national park is prohibited on the territories of national parks.

In national parks located in areas inhabited by the indigenous population, it is allowed to allocate zones of traditional extensive nature management. On the lands included in the boundaries of the national park without withdrawal from economic exploitation, expansion and construction of new economic facilities are prohibited. The mode of use of these lands is determined by the regulation approved by the state body in charge of a particular national park, in agreement with the executive authorities of the relevant constituent entities of the Russian Federation.

A protected zone with a limited nature management regime is being created around the national park.

The lands of national parks are in federal ownership and are granted to them on the basis of the right of permanent (perpetual) use. Land plots within the boundaries of national parks are not subject to privatization. In some cases, the presence within the boundaries of national parks of land plots of other users, as well as owners, whose activities do not have a negative (harmful) impact on the lands of national parks and do not violate the regime for the use of lands of state reserves and national parks. National parks have the exclusive right to acquire these lands.

80. NATURAL PARKS

The lands of specially protected natural areas include lands natural parks.

On the lands of natural parks, which include especially valuable ecological systems and objects, for the sake of the preservation of which a specially protected natural area was created, activities not related to the preservation and study of natural complexes and objects and not provided for by federal laws and laws of the constituent entities of the Russian Federation are prohibited. Within the lands of specially protected natural areas, changing the intended purpose of land plots or terminating rights to land for needs that contradict their intended purpose is not permitted.

Natural parks are environmental recreational institutions under the jurisdiction of the constituent entities of the Russian Federation, the territories (water areas) of which include natural complexes and objects of significant environmental and aesthetic value, and are intended for use for environmental, educational and recreational purposes. Natural parks are created for the purposes of: preserving the natural environment and natural landscapes; creating conditions for recreation (including mass recreation) and preserving recreational resources; development and implementation of effective methods of nature conservation and maintaining ecological balance in the conditions of recreational use of natural park territories. The decision on the formation of natural parks is made by state authorities of the constituent entities of the Russian Federation on the proposal of specially authorized state bodies of the Russian Federation in the field of environmental protection in agreement with local government bodies. The creation of natural parks, associated with the seizure of land plots or water spaces used for national needs, is carried out by resolution of the executive authorities of the constituent entities of the Russian Federation in agreement with the Government of the Russian Federation.

On the territories of natural parks, various regimes of special protection and use are established, depending on the ecological and recreational value of natural sites.

Based on this, environmental, recreational, agricultural and other functional zones, including zones for the protection of historical and cultural complexes and objects, can be allocated in the territories of natural parks.

In the territories of natural parks, activities that entail a change in the historically established natural landscape, a decrease or destruction of the ecological, aesthetic and recreational qualities of natural parks, a violation of the maintenance regime for historical and cultural monuments are prohibited.

Within the boundaries of natural parks, activities that entail a decrease in the ecological, aesthetic, cultural and recreational value of their territories may be prohibited or limited.

Issues regarding the socio-economic activities of legal entities located in the territories of natural parks and their protected zones, as well as settlement development projects, are coordinated with natural parks.

The specific features, zoning and regime of each natural park are determined by the regulations on this natural park.

The territories of natural parks are located on lands provided to them for permanent (indefinite) use; It is allowed to place natural parks on the lands of other users, as well as owners.

81. RESERVES, NATURAL MONUMENTS

Lands of specially protected natural areas include state lands natural reserves, natural monuments.

On the lands of state natural reserves, natural monuments, which include especially valuable ecological systems and objects, for the sake of the preservation of which a specially protected natural area was created, activities not related to the preservation and study of natural complexes and objects and not provided for by federal laws and laws of constituent entities of the Russian Federation are prohibited. . Within the lands of specially protected natural areas, changing the intended purpose of land plots or terminating rights to land for needs that contradict their intended purpose is not permitted.

State natural reserves are territories (water areas) that are of particular importance for the preservation or restoration of natural complexes or their components and maintaining the ecological balance.

State nature reserves can be of federal or regional significance.

State nature reserves can have a different profile, including:

▪ complex (landscape) designed for the preservation and restoration of natural complexes (natural landscapes);

▪ biological (botanical and zoological), intended for the conservation and restoration of rare and endangered species of plants and animals, including valuable species in economic, scientific and cultural terms;

▪ paleontological, intended for the preservation of fossil objects;

▪ hydrological (marsh, lake, river, sea), intended for the conservation and restoration of valuable water bodies and ecological systems; - geological, intended for the preservation of valuable objects and complexes of inanimate nature.

In the territories of state natural reserves, any activity is permanently or temporarily prohibited or limited if it contradicts the goals of creating the reserves or causes harm to natural complexes.

Declaration of land as a state natural reserve is permitted both with seizure, including through redemption, and without such seizure of land plots from their owners, land users, and landowners.

Monuments of nature - unique, irreplaceable, ecologically, scientifically, culturally and aesthetically valuable natural complexes, as well as objects of natural and artificial origin.

Monuments of nature can be of federal, regional significance.

Natural objects and complexes are declared natural monuments of federal significance by the Government of the Russian Federation on the proposal of state authorities of the constituent entities of the Russian Federation.

In the territories where natural monuments are located and within the boundaries of their protective zones, any activity that entails a violation of the preservation of natural monuments is prohibited.

Owners, possessors and users of land plots on which natural monuments are located undertake obligations to ensure a regime of special protection of natural monuments.

Land plots occupied by natural complexes and objects declared in accordance with the established procedure as natural monuments may be seized from the owners of these plots, land users, and landowners.

82. DENDROLOGICAL PARKS AND BOTANICAL GARDENS

The lands of specially protected natural areas include lands dendrological parks, botanical gardens.

On the lands of dendrological parks and botanical gardens, which include especially valuable ecological systems and objects for the sake of the preservation of which a specially protected natural area was created, activities that are not related to the preservation and study of natural complexes and objects and are not provided for by federal laws and laws of constituent entities of the Russian Federation are prohibited.

Dendrological parks and botanical gardens are environmental institutions whose tasks include creating special collections of plants in order to preserve the diversity and enrichment of the flora, as well as carrying out scientific, educational and educational activities. The territories of dendrological parks and botanical gardens are intended only for the fulfillment of their direct tasks, while land plots are transferred for indefinite (permanent) use to dendrological parks, botanical gardens, as well as research or educational institutions that manage dendrological parks and botanical gardens.

Dendrological parks and botanical gardens can be of federal or regional significance and are formed accordingly by decisions of the executive bodies of state power of the Russian Federation or representative and executive bodies of state power of the constituent entities of the Russian Federation.

In the territories of dendrological parks and botanical gardens, any activity that is not related to the fulfillment of their tasks and entails a violation of the safety of floristic objects is prohibited.

On the lands of dendrological parks and botanical gardens it is prohibited:

▪ provision of gardening and summer cottage plots;

▪ construction of federal highways, pipelines, power lines and other communications, as well as the construction and operation of industrial, commercial and residential facilities not related to the functioning of specially protected natural areas;

▪ movement and parking of mechanical vehicles not related to the functioning of protected natural areas, driving livestock off roads;

▪ other types of activities prohibited by federal laws.

The territories of dendrological parks and botanical gardens can be divided into various functional zones, including:

▪ exhibition, visiting of which is permitted in the manner determined by the directorates of dendrological parks or botanical gardens;

▪ scientific and experimental, access to which is available only to researchers at dendrological parks or botanical gardens, as well as specialists from other research institutions;

▪ administrative.

The objectives, scientific profile, features of the legal status, organizational structure, features of the special protection regime of a particular dendrological park and botanical garden are determined in the regulations on them, approved by the relevant executive authorities that made decisions on the formation of these institutions.

Within the lands of specially protected natural areas, changing the intended purpose of land plots or terminating rights to land for needs that contradict their intended purpose is not allowed.

83. LAND OF HEALTH AND HEALTH AREAS AND RESORTS

Earth health-improving areas and resorts belong to specially protected natural areas and are intended for the treatment and recreation of citizens. These lands include lands with natural medicinal resources (deposits of mineral waters, medicinal mud, brine of estuaries and lakes), favorable climate and other natural factors and conditions that are or can be used for the prevention and treatment of human diseases.

Recognition of a territory as a medical and recreational area or resort is carried out depending on its significance by the Government of the Russian Federation, the relevant executive body of a constituent entity of the Russian Federation or a local government body on the basis of special balneological, hydrogeological and other studies.

Resorts and health-improving areas may have federal, regional or local significance.

The territory is recognized as a medical and recreational area or a resort of federal significance by the Government of the Russian Federation in agreement with the executive authority of the constituent entity of the Russian Federation.

The territory is recognized as a medical and recreational area or a resort of regional significance by the executive authority of a constituent entity of the Russian Federation in agreement with the federal executive authorities.

The territory is recognized as a medical and recreational area or a resort of local importance in the manner established by the legal acts of the subject of the Russian Federation.

The procedure and features of the functioning of an individual resort are determined by the regulations on this resort. The regulations on the resort are approved by the Government of the Russian Federation or the executive authority of a constituent entity of the Russian Federation.

Within the boundaries of medical and recreational areas and resorts, activities are prohibited (limited) that can lead to deterioration in the quality and depletion of natural resources and objects with medicinal properties.

In order to maintain favorable sanitary and environmental conditions for organizing the prevention and treatment of human diseases, sanitary (mountain sanitary) protection districts are established on the lands of medical and health resorts and resorts. The boundaries and regime of sanitary (mountain sanitary) protection districts for resorts of federal significance are established by the Government of the Russian Federation.

Land plots within the boundaries of sanitary zones from owners of land plots, land users, landowners, tenants of land plots are not withdrawn or purchased, except in cases where, in accordance with the established sanitary regime, the complete withdrawal of these land plots from circulation is provided for (the first zone of sanitary (mining) sanitary) protection of medical and recreational areas and resorts). Land plots that are privately owned are subject to purchase from their owners. The use of land plots within the boundaries of the second and third zones of sanitary (mountain sanitary) protection is limited in accordance with the legislation on specially protected natural areas.

84. LANDS OF ENVIRONMENTAL PURPOSE

Special legal regime of land use environmental purposes is established by federal laws, laws of constituent entities of the Russian Federation and regulatory legal acts of local governments.

The legal regime of environmental lands is associated with restrictions or prohibitions on those types of activities that are incompatible with the main purpose of environmental lands. The peculiarity of regulating the use of such lands is that limited economic activity is allowed on lands designated for environmental protection, subject to the established regime for protecting these lands. Land plots within environmental lands are not withdrawn or purchased from land owners, land users, landowners and land tenants.

Lands of nature protection purpose include lands:

1) prohibited and spawning protection zones;

2) occupied by protective forests provided for by forest legislation (with the exception of protective forests located on forest fund lands, lands of specially protected areas);

3) other lands performing environmental functions. Individual forests may be classified as protective forests, which will entail the application of the relevant provisions of the Forest Code of the Russian Federation to them. Protective forests are subject to development in order to preserve the environment-forming, water-protective, protective, sanitary-hygienic, health-improving and other useful functions of forests with the simultaneous use of forests, provided that this use is compatible with the intended purpose of protective forests and the useful functions they perform.

In forests that perform the functions of protecting natural and other objects, clear cutting of forest plantations is prohibited, with the exception of cases of selective felling, and cases of establishing the legal regime of zones with special conditions for the use of territories in which the corresponding forests are located. Selective felling is carried out only for the purpose of cutting down dead and damaged forest plantations.

On lands designated for environmental protection, limited economic activity is permitted subject to the established regime for the protection of these lands in accordance with federal laws, laws of constituent entities of the Russian Federation and regulatory legal acts of local governments.

Legal entities in whose interests land plots with special conditions of use are allocated are required to mark their boundaries with special information signs.

Within the boundaries of environmental lands, a special legal regime for the use of lands is introduced, limiting or prohibiting activities that are incompatible with the main purpose of these lands. Plots within these lands are not seized or purchased from plot owners, land users, landowners and land tenants.

In the places of traditional residence and economic activity of indigenous peoples of the Russian Federation and ethnic communities, in cases provided for by federal laws on indigenous peoples, territories of traditional environmental management of indigenous peoples may be formed. The procedure for environmental management in these territories is established by federal laws.

85. RECREATIONAL LAND

lands recreational purpose lands intended and used for organizing recreation, tourism, physical education, health and sports activities, as well as lands of suburban green areas are recognized.

The legal regime of recreational lands is characterized by certain types of prohibitions and restrictions on economic and other activities. Activities that do not correspond to their intended purpose are prohibited on recreational lands. Land for recreational purposes is allocated by decision of the executive authorities of the constituent entities of the Russian Federation.

Recreational lands include lands intended and used for organizing recreation, tourism, physical education, health and sports activities of citizens.

Recreational lands include land plots on which there are rest houses, boarding houses, camping sites, physical culture and sports facilities, tourist centers, stationary and tent tourist and recreational camps, fisherman's and hunter's houses, children's tourist stations, tourist parks, forest parks, educational and tourist trails, tracks, children's and sports camps, and other similar facilities. The use of educational and tourist trails and routes established by agreement with land owners, land users, landowners and tenants of land plots can be carried out on the basis of easements. At the same time, land plots from recreational lands are not withdrawn from use.

Recreational zones may include zones within the boundaries of territories occupied by urban forests, public gardens, parks, city gardens, ponds, lakes, reservoirs, beaches, as well as within the boundaries of other territories used and intended for recreation, tourism, physical education and sports.

As part of suburban areas, green zones may be distinguished that perform sanitary, sanitary-hygienic and recreational functions and within the boundaries of which economic and other activities that have a negative (harmful) impact on the environment are prohibited.

Recreational lands also include lands of suburban green zones. Suburban green areas are lands outside the city limits, occupied by forests, forest parks and other green spaces that perform sanitary, hygienic and recreational functions. Suburban green areas are a type of recreational land. The peculiarities of the legal regime of suburban green zones are determined by their close proximity to the city.

In suburban green zones, economic activities that negatively affect their environmental, sanitary, hygienic and recreational functions are prohibited. The size of green zones depends on the size of the cities for which they are created.

Lands within the suburban green zones of cities are not confiscated, and the restriction of the mode of use is reduced to the prohibition of economic activities that negatively affect the performance of environmental, sanitary, hygienic and recreational functions.

On recreational lands in general, activities that do not correspond to their intended purpose are also prohibited.

86. LANDS OF HISTORICAL AND CULTURAL SIGNIFICANCE

Legal regime lands of historical and cultural purpose depends on the scale of cultural heritage sites and places of interest.

Lands of historical and cultural purpose include lands:

1) objects of cultural heritage of the peoples of the Russian Federation (historical and cultural monuments), including objects of archaeological heritage;

2) places of interest, including places of historical trades, industries and crafts;

3) military and civil burials. Monuments of history and culture are buildings, memorial places and objects associated with historical events in the life of the people, the development of society and the state, works of material and spiritual creativity that are of historical, scientific, artistic or other cultural value.

Lands on which places of traditional existence of folk artistic crafts are located can be classified as lands of historical and cultural significance in the manner established by the land legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation. In territories of traditional environmental management, religious buildings, places of ancient settlements and burial places of ancestors and other objects of cultural, historical, religious value can be distinguished as objects of historical and cultural heritage.

The Federal Service for Supervision in the Sphere of Mass Communications, Communications and the Protection of Cultural Heritage is a federal executive body exercising control and supervision functions in the field of cultural heritage protection and legal regulation.

The use of lands of historical and cultural significance, determination of the boundaries of these lands, their withdrawal from economic use and other forms of protection of lands of historical and cultural significance are regulated by the Land Code of the Russian Federation and the legislation of the Russian Federation and constituent entities of the Russian Federation on historical and cultural monuments.

Historical and cultural lands are used strictly in accordance with their intended purpose. Changing the intended purpose of historical and cultural lands and activities that do not correspond to their intended purpose are not permitted.

Land plots classified as lands of historical and cultural significance are not confiscated from land owners, land users, landowners and tenants of land plots, except in cases established by law.

On certain lands of historical and cultural significance, including lands of cultural heritage sites subject to research and conservation, any economic activity may be prohibited.

In order to preserve the historical, landscape and urban environment, protection zones for cultural heritage sites are established in accordance with federal laws and the laws of constituent entities of the Russian Federation. Within the lands of historical and cultural significance outside the lands of settlements, a special legal regime for the use of lands is introduced, prohibiting activities incompatible with the main purpose of these lands. The use of land plots not classified as historical and cultural lands and located in the specified protection zones is determined by the rules of land use and development in accordance with the requirements for the protection of historical and cultural monuments.

87. ESPECIALLY VALUABLE LAND

К especially valuable lands include lands within which there are natural objects and objects of cultural heritage that are of special scientific, historical and cultural value (typical or rare landscapes, cultural landscapes, communities of plant and animal organisms, rare geological formations, land plots intended for carrying out scientific- research organizations).

Particularly valuable lands can be considered, for example, typical or rare landscapes, cultural landscapes, communities of plant and animal organisms, rare geological formations, land plots intended for the activities of scientific research organizations. Rare landscapes include land plots in picturesque areas, cultural landscapes include ancient parks, alleys, squares, etc.

Particularly valuable lands may also include lands of historical or cultural significance, for example lands with Pavlov's House (defensive line of the Battle of Stalingrad).

The owners of such land plots, land users, landowners and tenants of such land plots are charged with the responsibility for their conservation.

The legislation regulates a special procedure for the use of land plots from especially valuable lands. The movement, modification or destruction of objects that serve as the basis for declaring lands of particular value must be carried out with the special permission of the competent authority, depending on the value of these objects. Citizens and legal entities that have received such a permit are required to ensure compliance with the conditions stipulated in the permit.

Work carried out on particularly valuable lands that may pose a threat to objects located on these lands must also be carried out in agreement with the relevant authorities and after taking measures to ensure the safety of these objects. Citizens and legal entities, if archaeological and other objects of particular value are discovered during work, are obliged to suspend further work and report this to the relevant state and municipal authorities.

Economic and other activities that have a negative impact on the environment and lead to degradation and (or) destruction of natural objects that have special scientific, historical, cultural and other valuable significance and are under special protection are prohibited.

Land plots classified as especially valuable lands are not confiscated from their owners, users, owners and tenants. At the same time, the owners of such land plots, land users, landowners and tenants of such land plots are assigned responsibilities for their preservation.

It should be noted that the Land Code does not specify by which authorities and in what order plots are given the status of especially valuable lands, what is the procedure for their use, the definition of their boundaries, how the protection of especially valuable lands is carried out.

Information about especially valuable lands must be indicated in documents of the state land cadastre, documents of state registration of rights to real estate and transactions with it and other documents certifying rights to land.

88. FOREST LAND

К forest fund lands include forest lands (lands covered with forest vegetation and not covered with it, but intended for its restoration - clearings, burnt areas, open spaces, clearings, etc.) and non-forest lands intended for forestry (clearings, roads, swamps, etc.) . The procedure for the use and protection of forest lands is regulated by the Land Code of the Russian Federation and forest legislation.

The legal regime of forest fund lands is determined by the legal regime of the forests located on them. In accordance with the Land Code of the Russian Federation, forest legislation is applied to forest protection relations. The Forest Code of the Russian Federation establishes the legal basis for the rational use, protection, protection and reproduction of forests, increasing their environmental and resource potential. Forests are subject to protection from fires, pollution and other negative impacts, as well as protection from harmful organisms. The use, protection, protection, and reproduction of forests are carried out based on the concept of the forest as an ecological system or natural resource.

Forests are located on forest fund lands and lands of other categories. The use, protection, protection, and reproduction of forests are carried out in accordance with the intended purpose of the lands on which these forests are located. The boundaries of forest fund lands and the boundaries of lands of other categories on which forests are located are determined in accordance with land legislation, forestry legislation and legislation on urban planning activities.

Forest legislation regulates forest relations, i.e., it applies to forests included and not included in the forest fund, and to forest lands not covered with forest vegetation. Forestry and land legislation regulates relations in the sphere of use and protection of forest lands. A forest plot is a land plot, the boundaries of which are determined in accordance with the provisions of forest legislation on forest management.

Forest areas within the forest fund lands are federal property. Forms of ownership of forest plots as part of lands of other categories are determined in accordance with land legislation. Citizens have the right to freely and freely stay in forests and, for their own needs, harvest and collect wild fruits, berries, nuts, mushrooms, other edible forest resources (edible forest resources), as well as non-timber forest resources.

Forest plots are provided for permanent (indefinite) use, lease, and free fixed-term use. Forest plots in state or municipal ownership are provided to legal entities for lease, and free-of-charge use for a fixed-term period is provided to citizens.

The provision of forest plots in state or municipal ownership for permanent (indefinite) use, gratuitous fixed-term use to legal entities and gratuitous fixed-term use to citizens is carried out in the manner prescribed by the Land Code of the Russian Federation, unless otherwise provided by the Forest Code of the Russian Federation.

Forestry legislation applies to land relations when these relations are not regulated by land legislation.

89. WATER FUND LAND

Lands of the water fund are:

▪ covered by surface waters concentrated in water bodies;

▪ occupied by hydraulic engineering and other structures located on water bodies.

On lands covered by surface water, land plots are not formed. For the purpose of constructing reservoirs and other artificial water bodies, land is reserved. The procedure for the use and protection of water fund lands is determined by the Land Code of the Russian Federation and water legislation.

In accordance with the Water Code of the Russian Federation, water is an essential component of the environment, a renewable, limited and vulnerable natural resource. An object of water relations is a water body or part thereof. A water body refers to both surface water and the land covered by it, as well as the associated bottom and shores of the water body. Therefore, the regulation of water relations is closely related to the regulation of land relations. Water bodies are used and protected as the basis for the life of peoples living on the territory of the Russian Federation, ensuring the economic, social, and environmental well-being of the population, the existence of flora and fauna. The water fund forms a set of water bodies included or subject to inclusion in the state water cadastre. The state water cadastre is a collection of data about water bodies, their water resources, the use of water bodies, and water users.

The interaction of land and water legislation can be considered in relation to the regulation of the use and protection of isolated water bodies. Objects of water relations, in particular, are isolated water bodies. Isolated water bodies are closed, small in area and stagnant artificial reservoirs that have no connection with other surface water bodies.

The definition of a separate water body is important for establishing the regime of its use. Thus, in accordance with the Land Code of the Russian Federation, the privatization of land plots within the coastal strip established in accordance with the Water Code of the Russian Federation, as well as land plots on which ponds, flooded quarries (separate water bodies) are located, within the boundaries of public areas are prohibited.

Owners of land plots have the right to use, in the prescribed manner for their own needs, the fresh groundwater available on the land plot, as well as separate water bodies (ponds, flooded quarries), and also to build ponds and other water bodies in accordance with the environmental, construction, sanitary and hygienic standards established by law and other special requirements.

Water bodies are federal property. A pond, a flooded quarry, located within the boundaries of a land plot owned by a subject of the Russian Federation, a municipal entity, an individual, a legal entity, are in their ownership, unless otherwise provided by law.

The alienation of water bodies is not allowed without the alienation of the land plots within the boundaries of which they are located. Land plots are not subject to division if such division requires the division of a pond or a watered quarry.

90. RESERVE LANDS

Reserve lands include lands that are in state or municipal ownership and are not provided to citizens or legal entities, with the exception of lands of the land redistribution fund.

reserve lands - these are lands whose main purpose has not yet been determined and which are not provided to citizens and legal entities. Reserve lands can be lands that simultaneously meet three conditions:

1) lands must be in state and municipal ownership;

2) lands should not be provided to citizens and legal entities;

3) lands should not be used until they are transferred to other categories and subsequently provided to various persons. Essentially, only those lands that are given reserve significance can be classified as reserve lands. Purposeful use of reserve lands is permitted after their transfer to another category of land in accordance with the established procedure for transferring land from one category to another. At the same time, reserve lands can be used for geodetic, geological surveying, prospecting, cadastral, land management and some other studies and surveys. The legislation provides for the inclusion of various types and categories of land in reserve lands.

The transfer of a land plot from reserve land to another category of land, depending on the purposes of further use of this land plot, is carried out only after the formation of a land plot in accordance with the established procedure, 3 in relation to which an act on the transfer of the land plot from reserve land to another category of land is adopted.

According to the Regulations on the procedure for conservation of degraded agricultural land and lands contaminated with toxic industrial waste and radioactive substances, lands taken out of economic circulation as a result of conservation can be transferred to reserve lands.

In accordance with the Regulations on the procedure for conducting a land inventory, after the inventory is completed, the possibility of transferring unused lands to reserve lands is established. Thus, a target land fund can be created from reserve lands to provide land to Cossack societies included in the state register of Cossack societies in the Russian Federation. The target land fund for the provision of lands to Cossack societies is created by executive authorities of the constituent entities of the Russian Federation and local governments upon the proposal of land cadastre bodies and on the basis of proposals from Cossack societies.

According to the Regulations on the procedure for the formation of a target land fund for the resettlement of refugees and internally displaced persons and the mode of its use, this fund is created at the expense of reserve lands. The fund for the resettlement of refugees and forced migrants is created by the executive authorities of the constituent entities of the Russian Federation for housing construction, the organization of personal subsidiary plots, peasant (farm) households and agricultural cooperatives.

At the expense of reserve lands, certain categories of citizens may be allocated plots in accordance with the Decree of the President of the Russian Federation “On the free provision of land plots for individual housing construction to citizens leaving the regions of the Far North and equivalent areas.”

Author: Medentsov A.S.

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