Why do lands, the ownership of which is in the public domain, raise so many legal, practical and factual nuances in the sphere of legal relations within the boundaries of the Land Code? Let's try to figure out which territorial zones can be classified as PDOs, what are the rules for disposing of them for all citizens, and how to avoid problems and violations of your own rights in matters related to PDOs?
What is PDO?
By association, public lands (hereinafter referred to as PPL) are those territories that belong to all citizens, as social spaces; these are territories that do not have a private owner and cannot have one (unless the state is this owner).
According to the way these lands are defined by the Land and Town Planning Codes of the Russian Federation, public lands are areas and territories that are used as communication routes (this includes road sections, streets, bridges, pedestrian areas), as recreation areas (for example , parks, playgrounds, squares and boulevards), as well as areas for industrial needs of the public (landfills, landfills, waste recycling areas).
, as well as non-capital construction, are allowed to be erected in the PDO But at the same time, construction must correspond to the intended purpose of the PDO zones. Let's take a closer look at the nuances associated with lands intended for public use.
What are the consequences of the seizure of public lands in SNT?
On December 27, 2011, in the city of Volzhsky, Volgograd Region, having considered in open court a civil case brought by the Horticultural Non-Profit Partnership “Friendship” against L.V. Kartashova. to bring the boundaries of the garden plot into line, the Horticultural Non-Profit Partnership (SNT) “Druzhba” filed a lawsuit against L.V. Kartashova. on bringing the boundaries of the garden plot into line, indicating that the defendant is a member of SNT “Druzhba”, where he has plot no.
We recommend reading: Who is Exempt from Land and Property Taxes
Before the general meeting, we published a newspaper in which we told people how the chairman was fooling them for their own money. Buying peace of mind annually for 11 thousand rubles. they buy the construction of a house for the chairman. Analyzing the texts written by the chairman, it is not public land (PPL) but electricity that is the most mentioned part in his reasoning. This is where real money spins. It must be said that the electrical topic and electricity itself, without exaggeration, is quite painful for our partnership, gives rise to many questions, and the secrecy of the results of the chairman’s work from public view makes it more mysterious than it really is. Ladygin does not have a general plan of action, a list of documents that are necessary to switch to direct subscription and increase capacity for each site. To implement any project you need an action plan.
Land Code regarding common areas
This type of land use, like any existing one, is mentioned in the Land Code of the Russian Federation, since it is it that regulates and regulates all issues related to the use of land resources in our country.
Article No. 85 of the Land Code of the Russian Federation mentions PDO.
According to this article, public lands may be part of various territorial zones, but in no case are they subject to privatization. Also, under this article, squares, streets and driveways, highways and highways, embankment areas, boulevards, water bodies and beaches are included in the PDO.
Violations of the use of the PDO are regulated by Article 7.1, Chapter 7 of the Code of Administrative Offenses of the Russian Federation. By violation it means unauthorized seizure of public lands. More on this later.
All about punishment
As noted earlier, all violations regarding common land must be provided for by Russian law. This type of violation of land use, such as unauthorized seizure, is considered an administrative offense and is controlled by Art.
7.1 of Chapter 7 of the Code of Administrative Offenses of the Russian Federation. Investigations into this violation are carried out by state inspectors specializing in the operation and protection of those storage facilities that are included in the Russian register. The article dealing with this offense is called “Unauthorized occupation of a plot of land.”
According to it, the seizure of common land, at will, without obtaining the documents provided for by law (or in situations where there are no papers to permit economic work), entails administrative punishment. Namely, a fine is imposed for individuals. persons in the amount of 500 rubles, for an official from 1000 to 2000 and for legal entities. persons from 2000 to 20000 rub.
ATTENTION! In addition, Art. No. 21 of Chapter 23 of the Code of Administrative Offenses of the Russian Federation, which is called “Bodies exercising state control over the use and protection of land.”
The bodies listed in this article may consider those cases that relate to the cases specified in Art. 7.10, 7.2 (part 1), 7.1 (to the extent of unauthorized assignment of the right to exploit the site and exchange land), and also in Art. 8.8., 7.34 Code of Administrative Offenses of Russia.
These bodies are:
- Chief State Inspector of Russia for the protection and use of land, as well as his deputies.
- Chief inspectors of individual regions of the country for the protection and operation of PDO.
- Chief city and district state inspectors for the protection and exploitation of land.
Unauthorized seizure of PDO – what are the dangers?
Let's talk in more detail about unauthorized seizures. As already mentioned in the previous paragraph, all violations regarding the PDO must be provided for by the law of our country.
This type of land use violation as unauthorized seizure of territory intended for public use is considered an administrative offense and is regulated by Article 7.1 of Chapter 7 of the Code of Administrative Offenses of the Russian Federation.
Investigations into this offense are carried out by state federal inspectors specializing in the use and protection of those records that are included in Rosreestr. The article regulating this violation is called “Unauthorized occupation of land.”
According to it, occupying a PDO of one’s own free will in cases where there are no documents for this that are provided for by law (or in cases where there are no documents to permit economic activity) entails administrative liability. Namely, a fine for an individual in the amount of 500-1000 rubles, for an official from 1000 to 2000 rubles and for a legal entity from 2000 to 20,000 rubles.
In addition, regarding squatting, Article No. 21 of Chapter 23 of the Code of Administrative Offenses of the Russian Federation applies, which is called “Bodies exercising state control over the operation and protection of land plots.”
The bodies mentioned in this article have a special right to consider those cases that relate to the situations provided for in Articles 7.10, 7.2 (part 1), 7.1 (to the extent of unauthorized assignment of the right to use a plot and exchange of land), as well as in Articles 8.8., 7.34 Code of Administrative Offenses of the Russian Federation.
These public service bodies are the following:
- Chief State Inspector of the Russian Federation for the protection and exploitation of land, as well as his deputies.
- Chief state inspectors of individual regions of the Russian Federation for the protection and exploitation of land, as well as their deputies.
- Chief city and district state inspectors for the protection and exploitation of land, as well as their deputies.
Capture of part of a street-territory for public use
1. Bodies exercising state control over the use and protection of land consider cases of administrative offenses provided for in Article 7.1, Part 1 of Article 7.2, Article 7.10 (in terms of unauthorized assignment of the right to use land and unauthorized exchange of a land plot), Articles 7.34, 8.8 of this Code.
Hello! My question is about the unauthorized seizure of public land. My neighbors across a village street in new Moscow have fenced off almost half the width of the street along their property with a low bed of stones and fragments of curb stone, which you can easily step over, but you won’t risk running over with a car, and have planted this strip with bushes and tree seedlings. Last year, the dirt road was covered with asphalt chips during construction. As a result, the roadway moved almost right next to my fence, and the neighbors had a convenient parking lot in the captured area among birch and rowan trees. My appeals to the administration of the village settlement, the prefecture of the joint-stock company, and the prosecutor's office led to nothing. What to do? Thanks in advance. Valery. t.916 858 82 23
Self-capturing examples
Let's look at situations in which PDOs are taken without permission, what they can lead to, and why these situations are not legal.
The neighbor took over part of the road and installed a garage
Buildings, as everyone knows and understands, must be located on the territory of their owner’s land, and in accordance with the specified standards, observing all the indentations in accordance with fire safety and other standards.
The construction of a garage does not require permission and is not subject to any control, but the garage, nevertheless, must be located within the boundaries of the land plot. But there are cases when the owner built a garage so that part of it faces a road zone, which is a PDO, which is illegal and is a reason to contact Rosreestr.
Illegal installation of a fence in a PDO
The Rosreestr website provides information about the activities of the organization and their fight against crime.
On their website you can find many examples of illegal handling of PDO.
One of them was that in the Orenburg region a man surrounded his plot of land with a fence, capturing part of the road, which made movement along it difficult.
The owner of the site can either pay a fine of 5 to 10 thousand rubles, or receive the right to expand the site in order to avoid demolition of the fence. Such an act is an offense, since according to the Land Code of the Russian Federation, when fencing his land plot, the owner must make a retreat in front of the roadway, otherwise the door/gate should open towards the plot, and not towards the road. It is illegal to move the fence outside the boundaries of the property.
Illegal building
If the position of the garage on the site is not regulated, then non-permanent outbuildings and permanent buildings are subject to rules for their location on the site; building a house generally requires a building permit.
That is why a building outside a site that is not in personal ownership, but on a PDO, is a significant offense. Therefore, when a neighbor decides to build a shed in the middle of the road, this is a reason to ask for an inspection.
The road is blocked, there is no access to the land plot
The road and the approach to the house are a public area; blocking the path along it with anything - a garage, a fence, a doghouse or a shed - is illegal.
Self-occupation of residential premises and a plot of common property
Before considering such an example, let's familiarize ourselves with the concept of common ownership. This issue is already regulated by the Housing Code of the Russian Federation, Articles 37 and 162.
According to the Housing Code of the Russian Federation, common property is such common areas (including property) that belong to the owners of the premises of an apartment building, provided that the share of common property is proportional to the area of the owner’s apartment , and also provided that the allocation and abandonment of these shares is prohibited by law.
As for the composition of common property, it includes:
- premises in an apartment building that are not parts of apartments and are intended to serve more than one residential and (or) non-residential premises in this apartment building;
- roof areas;
- enclosing non-load-bearing and load-bearing structures of an apartment building;
- a plot of land on which an apartment building is located and the boundaries of which are determined on the basis of state cadastral registration data, with elements of landscaping and landscaping;
So, as for the example, in practice it often happens when one of the residents seizes common property in an apartment building.
For example, a neighbor arbitrarily seized a stroller and, having installed a wall, included it in the area of his apartment. This happened without collecting signatures from neighbors, and without obtaining permission. This happens often, in most cases with impunity.
Fines
Illegal land users are subject to administrative liability - fines. The amount of the fine depends on whether the plot is registered in the cadastral register and whether the cadastral value of this land plot has been determined.
If there is one, then according to Article 7.1 of the Code of Administrative Offenses of the Russian Federation, the amount of fines will be:
- for civilians - 1-1.5% of the cadastral value, but not less than 5 thousand rubles;
- officials - 1-1.5% of the cadastral valuation, but not less than 20 thousand rubles;
- legal entities - 2–3%; the minimum fine is not less than 100 thousand rubles.
In cases where the cadastral value is not determined, the fines will be:
- for civilians from 5 to 10 thousand rubles;
- officials from 20 to 50 thousand rubles;
- for legal entities from 100 to 200 thousand rubles.
But the law is not intended only to punish for the use of someone else’s land; in some cases, squatting can be legalized. To do this you need to do the following:
- Find the copyright holder of the site.
- Carry out the land surveying procedure and establish the boundaries of the land plot in a new manner; obtain a cadastral passport.
- Based on the collected package of documents, register ownership.
It is not difficult to identify the owner of the land; to do this, you need to make a request to Rosreestr or to the architectural/land department of self-government bodies. These organizations are required to provide an official response, which will collect the necessary information about the copyright holder of the site.
Where to go and complain in case of unlawful actions of land rights holders?
What to do if unlawful actions in relation to the PDO are noticed, directly affected or interfere with life, and what bodies control the justice process regarding such violations. Let's start with the fact that the situation itself, according to the Land Code of the Russian Federation, should be kept under control by the following bodies and persons:
- Goszemkontrol (this is an authorized state body).
- OMS or Land Control of the municipality (it must be authorized by the OMS).
- Bodies that carry out territorial public self-government, or other associations/organizations of a public nature, and Land Control of Public Directions (which includes civilians interested in the problem).
- Land use entities, which include owners, proprietors, users, tenants (during the period of their economic activity). In other words – Land control of production areas.
According to the law, based on the Decree of the Government of the Russian Federation No. 689 of November 15, 2006 “On State Land Control”, in order to apply in connection with a violation of the use of public lands, you only need to submit an appeal or a complaint from a legal entity or individual to the Rosreestr Office.
This application/appeal will be the basis for starting an inspection of the specified area where violations regarding land use have been committed.
How to write a statement, how to provide evidence?
According to information provided by the Rosreestr Office, the application can be submitted in several different ways:
- In the offices of Rosreestr and the Cadastral Chamber. To do this, you need to find out on the website about the location of the offices and their opening hours.
- By post. The document can be sent to the main office or to the territorial branch, the addresses of which can also be easily found on the website.
- In Multifunctional Centers.
- Order field service. The service is currently provided free of charge only to war veterans and disabled people of groups 1 and 2.
- Electronically through your personal account on the Rosreestr website.
Using one of the indicated methods, you must fill out an application using the specified form, which can also be obtained from the Rosreestr website. Photo/video materials that must be attached to the completed application are considered evidence.
Illegal allocation and registration of land in SNT
All SNT plots must be privatized and registered with the SNT management in order to register them under the owner's name.
The stages for obtaining a plot go through government organizations, but if it happens that this was done illegally, neighbors and members of the gardening partnership can safely file a collective complaint or individual applications to the Rosreestr Office.
In order to ensure that the use of PDO does not cause inconvenience to citizens, it is necessary to know about the rules for using them and the rights to these territories that belong to the citizens themselves.
