Land Code of the Russian Federation in 2021

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Nowadays, when making transactions regarding land plots, people practically do not understand the legal side of the issue. In order to competently conduct transactions with property and not be deceived, it is important to know your rights and the specifics of property issues. The Land Code is an important information base for citizens of our country. Based on it, most agrarian disputes can be resolved.

What is regulated by the Land Code

Land legislation in our country is designed to regulate the proper use of natural resources. According to the document, the use of territories is considered as a system of life activities of citizens living in a given area.

The use of objects is divided into:

1. Water resources.
2. Forest (among natural resources, the animal world is distinguished).
3. Protected (for example, the cultural heritage of the country).

Each object requires the introduction of its own legislation. They are divided into:

1. Lesnoye.
2. Water.
3. About the animal and plant world.
4. Nature and air protection.
5. Protection of cultural objects.

If relations cannot be regulated by land legislation alone, then separate acts for each sector come into force. The effects of these bills complement each other.

All property issues relating to plots are regulated by the land charter. If the situation can be resolved on the basis of the Civil Code, then there is no need to resort to other documents.

There are provisions that are confirmed in the code.

Land resources provide the livelihoods of citizens. The main purpose of the deed is to maintain the integrity of the land and its proper use. The territory can be divided into plots in accordance with Federal Law.

According to the law on land plots, each owner must receive a cadastral passport for his property, and all land must be entered in Rosreestr. Registration on the site is free online. After the amendment, a comment was added to the law; if a plot of land has not been registered for more than 5 years, it becomes the property of the state.

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Land Code of the Russian Federation

(
LLC RF
) is a codified legal act that is the main source of land law in Russia.

According to paragraph 1 of Article 2 of the Land Code, land legislation, in accordance with the Constitution of the Russian Federation, is under the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation. Land legislation consists of the Land Code, federal laws and laws of the constituent entities of the Russian Federation adopted in accordance with them.

Structure of the Land Code

The Land Code of the Russian Federation consists of 18 chapters (with a total of 103 articles):

1. Security Land Ownership
2. (perpetual) use, lifelong inheritable ownership of land plots, limited use of other people's land plots (land easement), lease of land plots, gratuitous fixed-term use of land plots
3. The emergence of land rights
4. Rights and obligations of land owners, land users, landowners and land tenants when using land plots
5. Termination and limitation of land rights
6. Compensation for damages and losses of agricultural production and forestry during the seizure of land for state or municipal needs
7. Protection of land rights and consideration of land disputes
8. Land payment and land valuation
9. Land monitoring, land management and state land cadastre
10. Control over compliance with land legislation, protection and use of land (land control)
11. Responsibility for offenses in the field of protection and use of land
12. Agricultural land
13. Lands of settlements
14. 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
15. Lands of specially protected territories and objects
16. Forest fund lands, water fund lands and reserve lands

The object of land legal relations is land. In legislation, land is considered in several aspects:

1. Earth as a natural object (the most important component of nature);
2. Land as a natural resource (a certain set of reserves of natural substances, natural energy, territorial sphere, which is used by society to meet its needs);
3. Like real estate;
4. As an object of property rights and other rights.

Federal Arbitration Court of the Northwestern District

Federal Arbitration Court of the Ural District

Federal Arbitration Court of the Central District

9th Arbitration Court of Appeal

Arbitration Court of the Moscow Region

10th Arbitration Court of Appeal

Why is it useful to know ZK

Every person touches the earth to some extent. Some people have dachas, country properties, while others have a business that involves using plots of land. Some citizens are owners of plots, others rent them. The more literate the population is, the better it will be for the country as a whole and for each individual. ZK provides important information for people, they can use it for work and for life. Knowing the main points makes it possible to protect your rights. There is confidence in security; fraudsters will not be able to take possession of property by deception. When using land, a person has certain rights. Responsibilities also increase.

Each owner of a land plot, if he knows the land plot, will be able not only to protect and promote his interests, but also to use the plot with maximum benefit for himself.

The legislation is aimed at protecting the country's land so that people use it for its intended purpose.

Edits and changes in 2021

The latest changes, which are also in effect in the current version of the document, were made by parliamentarians in 2021. The text of some sections has been added:

• added a provision regarding the formation of territories associated with the emergence of temporary settlements;
• included a clause on sites that may be part of scientific and technical centers;
• made changes regarding the specifics of coordinating site layouts, and supplemented the article on data on specially protected areas;
• a section has been defined establishing the procedure for preliminary approval of the allocation of an object;
• the plot allocation scheme must be consistent with other legislative norms.

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Structure of the normative act

The official normative act consists of 18 chapters, each of which resolves land issues and relations based on the use of plots. The code contains norms affecting land registration and the circulation of natural resources. Issues of land protection and ownership rules are covered. From the first to the third chapter, the rules of law are described, how an agricultural plot can arise. The concept of land protection is revealed in detail.

Starting from Chapter 4, the definition of land ownership and what types exist are revealed. Information on how territories are transferred into ownership is located in Chapter 7 inclusive. You can also see clauses regarding the termination of rights to the site.

The following chapters reveal the essence of payment for a certain territory and how to protect property. The problem is raised of how to compensate for the damage caused to a citizen’s property.

From Chapter 11 the characteristics of the territories begin. Describes what security and protective measures should be. Possible fines for non-compliance with the standards in relation to this act are considered.

The last chapters contain information about what order should be among special purpose lands.

The structure of the code is convenient for readers. The chapters are arranged in such a way that they cover topics that are close to each other.

Land Code 2021: official text and main provisions

Federal Law 136, which establishes the rules for the use of land plots, was adopted by deputies of the federal parliament in 2001. Amendments were repeatedly made to it, which were aimed at bringing the official text of the document into full compliance with existing legislative norms. In addition, deputies accepted changes necessary to maintain the relevance of the information presented in the draft.

Basic provisions of the law

The current version of the bill consists of 18 chapters and 103 articles. They determine the key points of land use:

• the main provisions and definitions relate to the principles of the formation of legislative norms regarding land ownership, the powers of regional authorities are established, the principles of the formation, division and association of land plots are described;
• the principles of land protection, as well as the use of plots that have been contaminated with hazardous substances, have been formed;
• the right of ownership is defined, the situations in which a citizen receives the right to own a plot are listed, the ownership of subjects and municipalities is established;
• rules for the limited use of other people's land, rental standards and free use rights have been formed;
• situations in which the right to a plot arises are listed, a list of title documents is defined and the features of drawing up a purchase and sale agreement are described;
• rules have been established that owners or tenants of land plots must adhere to regarding the use of plots;
• a list of situations has been compiled in which a citizen may be deprived of the right to property, lease, or perpetual use. Provisions are described that allow the confiscation of land or the restriction of rights to it;
• a list of losses that the owner/tenant is obliged to compensate if the condition of the allotment deteriorates is determined;
• the consideration of controversial issues relating to the establishment of property rights is regulated;
• payment for land and assessment activities have been established;
• provisions have been formed for monitoring land management and reserving plots for state or municipal needs;
• powers in the field of land use are listed, state, municipal and public control is defined;
• The law establishes liability for violations in the field of land use and protection;
• standards for the use of agricultural land have been determined;
• areas located within the boundaries of populated areas are regulated, principles of their division and location of boundaries are formed;
• special purpose lands are classified. They include areas related to industrial enterprises, energy, transport, defense, etc.;
• standards for the use of plots of specially protected areas and objects have been established;
• the rules for the protection and use of forest and water resources and reserve lands have been determined.

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In the field of protection of objects, rules and goals for ensuring protection are established. The assessment and examination of the territories was approved. The bill also defines compensation for damages related to deterioration in the quality of used areas. Subjects and municipalities have certain ways of influencing violators. Responsibility for non-compliance with the law is defined in the text of the document.

According to the provisions of the current law, all territories can be divided depending on the purposes of their use:

• agricultural value;
• settlements;
• industrial, transport, communication, production facilities;
• specially protected areas;
• forest lands, water resources, reserve lands.

The latest edition of the legal document defines the procedure for allocating land objects into ownership. In this case, it is necessary to take into account whether the territory belongs to the state, region, municipality or is privately owned. To register a plot, the future owner will need to provide the documents required by law. Lands can be allocated for indefinite use, can be transferred by inheritance, etc.

Current norms of the document

The bill describes the basic rules for land use. At the same time, a legal framework has been established to ensure compliance with the prescribed standards. The fundamental principles are based on the following definitions:

• land forms the basis of life for the inhabitants of the Russian Federation;
• All legislative norms are aimed at protecting the land. Protection of territories is a priority of state policy;
• an emphasis is placed on preserving the life and health of the country's residents;
• owners of land plots have the right to make decisions that directly affect the territories they own;
• land plots are inextricably linked with objects located on their territory;
• valuable objects must be preserved first;
• a set fee is charged for the use of land (except for cases provided for by law);
• areas are divided according to their significance;
• territories can be in state, regional, municipal ownership;
• land legislation is not related to civil legislation;
• The interests of both the residents themselves and society must be respected.

Land can be considered as a natural object or as individual plots of land. At the same time, residents, entrepreneurs, regions and municipalities can participate in the formation of land relations.

Content

1. First chapter. General aspects and the process of dividing into separate sections are revealed.
2. Second chapter. How territories are protected.
3. Third chapter. What types of property are there?
4. Chapter four. How does the rental process work, what are the restrictions on the use of other people's plots?
5. Fifth chapter. The history of the origin of land law, how you can take a plot that belongs to the state. Exchange and division. The opportunity to donate your own land free of charge.
6. Chapter six. What rights are given to owners and tenants?
7. Seventh chapter. How to terminate land rights and seize property.
8. Eighth chapter. The procedure for compensation for losses, what restrictions the owners may have.
9. Ninth chapter. When disputes arise, how to prepare for court.
10. Chapter ten. Land valuation.
11. Eleventh chapter. Monitoring, how to put it on cadastral registration.
12. Chapter Twelve. Types of state control, how it is carried out.
13. Thirteenth chapter. Possible liability for violation of rights.
14. Chapter fourteen. Agricultural use.
15. Chapter fifteen. Which plots belong to populated areas.
16. Sixteenth chapter. Various purposes of chapter areas.
17. Chapter seventeen. Which areas need improved protection.
18. Eighteenth chapter. What applies to forest land, what areas remain in reserve, classes of land.

Arbitrage practice

Judging by the statistics for 2021, in our country the majority of cases on land issues will end up in court due to ignorance of the legal act. There are violations in the use of plots and in documentation. Borders are drawn up incorrectly, which is reflected in cadastral documents. Many cases were carried out under Art. 34 ZK. The purpose of the current article is to explain modern land use. This code came into force in 2001. After changes, this document was supplemented with new articles. The date of amendments must be recorded in the document. The article-by-article outline of this paper can be found on the Internet.

A violation was recorded in the transfer of a municipal plot for rent. The court decided that the plaintiff was right. Violations occur under Art. 77. It states that areas outside the city limits should be used for agriculture. If the subject does not comply with the established norms, then according to the Code of Administrative Offenses he is subject to punishment.

Citizens often violate this clause by farming in areas not intended for this purpose. Violations of this plan will result in a fine.

Important nuances

Every owner of an agricultural plot should be aware of the mandatory land tax. It is established in the country in accordance with regulations and is required to be paid. The Tax Code provides complete information about this type of payment.

Federal law requires registration of property in Rosreestr, and since last year in the Unified State Register of Real Estate. The owner must have paper confirming the land surveying procedure. The principle of the procedure is the need to include property boundaries in the document.

Land management and surveying acts are relevant for dacha SNT. In them, people often seize other people's space without supporting documents.

When a person wants to rent land from the municipality, he must apply to participate in an auction. The event begins after collecting the necessary documents. An act on holding auctions is drawn up.