In accordance with the legislation of the Russian Federation, state ownership of land can be distinguished between federal, regional and municipal entities. How is this procedure carried out? What laws regulate legal relations that correspond to it?
What is the essence of differentiation of state ownership of land?
Such a process as the delineation of state ownership of land is traditionally one of the most difficult not only in terms of the formation and application of legal regulation, but also in terms of impact on socio-economic processes. Particularly acute are the issues that characterize the relevant distinction that arise when it comes to the need to determine the specific powers of authorities in terms of land management, as well as to determine the competencies of other legal entities, for example, municipalities, which, by law, must independently manage territories from state power.
What kind of process is this - the delimitation of state ownership of land? It represents the procedure established by the legislation of the Russian Federation for the transfer of various lands into ownership:
- federal authorities;
- subjects of the Russian Federation;
- local authorities.
The fact of the distribution of territories is recorded at the time of publication by some authorized body of a decision on the provision of a particular land plot in the ownership of any entity. Based on the relevant decision, various title documents, such as a certificate of ownership, can be drawn up.
As a rule, the delimitation of state ownership of land is carried out if information about the territory is reflected in the cadastre. How can I find this information? Is this resource used for this? like a public cadastral map. We study its features in more detail.
Using a public cadastral map: nuances
The resource in question is located on the website of Rosreestr. It was created largely because of the need to provide citizens and organizations with the opportunity to receive relevant information precisely on the lands that were delimited in the manner prescribed by law, or on the territories that were to be distributed within the framework of certain legal relations.
It is noteworthy that the public cadastral map of Rosreestr does not provide information about the owners of certain sites. But it allows you to make sure that the site is registered in the state register within certain boundaries, as well as that certain types of activities are allowed on it.
Using the card in question allows, first of all, to save time, which before the appearance of the corresponding resource, citizens and organizations often had to spend on interaction directly with the territorial representation of Rosreestr on the issues of determining the boundaries and status of various sites.
It is worth noting that the implementation of legal relations between authorities and other entities is possible if property rights are not reflected in the respective registers. It is also possible disposal of sites that are not delimited in the prescribed manner. We will study this aspect in more detail.
Legal relations in the absence of differentiation of state ownership of land: nuances
So, if the delimitation of state ownership of land has not been made, then disposal of the respective plots is still possible. In general, it is carried out by municipal authorities. In addition, if land plots are located in settlements that have the status of an administrative center or capital of a constituent entity of the Russian Federation, then they are disposed of by municipalities, unless otherwise expressly prescribed by law at the regional level. In turn, laws may be enacted in the constituent entities of the Russian Federation in accordance with which unrestricted state ownership of land will be at the disposal of executive structures in the regions.
According to lawyers, the transfer of powers related to the management of plots in this case may not always be accompanied by the transfer of functions of the owner of certain territories. Thus, land plots having the status of unrestricted property may be the subject of legal relations. In addition, even in cases where the ownership of the respective territories is not registered, their disposal can nevertheless be implemented. For example, in the context of legal relations of sale or lease.
It should also be borne in mind that the authority to manage land plots that do not have delimited status can be expressed in the transfer to a subject of any managerial function that is not always accompanied by the acquisition by the subject of ownership of the relevant territory.
The way in which state lands are distinguished is regulated by certain rules of law. We study their features.
Land ownership delineation: regulatory
In 2002, the Russian authorities adopted a federal law in accordance with which criteria were established for classifying land plots into those that belong to the property of federal, regional, and also municipal entities. In addition, a government decree was adopted in accordance with which the rules for the preparation and harmonization of lists of territories on which federal, regional or municipal structures could acquire property rights stipulated by law were approved.
According to lawyers, these legal acts practically did not function, since the procedures for differentiating land ownership provided for by them were characterized by complexity and also duration. In particular, entities entering into land relations, it was necessary first of all to devote considerable time to preparing a list of territories. Subsequently, these documents had to be sent to the Government of the Russian Federation, and then wait for their verification and subsequent issuance of orders from the authorities. Registration of property was carried out on the basis of such a source of law as a state land act issued by the government of the Russian Federation. At the same time, for each site included in the list, a case was created in which various documents were present confirming the validity of listing the relevant territory. In practice, this procedure could take about 7-9 months.
The noted deficiencies in the legislation, according to which the federal state ownership of land was distinguished, regional as well as municipal, was called to eliminate the reform, within the framework of which the new law was adopted. This is a normative act, through which the legislator introduced certain amendments to the Land Code of the Russian Federation, as well as to the laws governing the state registration of real estate. The corresponding source of law entered into force in 2006 and canceled the one that was adopted in 2002.
In accordance with the new law, state-owned lands can now be delineated in a simplified manner. If we talk about amendments to existing sources of law, it can be noted that the norm reflected in the law on registration of real estate rights, in accordance with which the information on the demarcated land was entered into state registers, was clarified first of all.
Thus, the main sources of law governing the process in question are the Land Code of the Russian Federation, as well as the main regulatory act governing the state registration of property rights and having the status of federal law.
Now consider the key provisions of these sources of law in more detail. So, you can study what documents are used in legal relations, in the framework of which different types of state ownership of land are distinguished.
Registration of property rights to the site: documents
The main document, on the basis of which the distribution of territories between certain entities is carried out, a statement drawn up by the executive authority at one level or another, the municipality or a third party who has the authority to do so, for example, by virtue of an order. This source should reflect the basis for the emergence of a right of a federal, regional or municipal authority to own a particular land plot. This is recorded in the documents, which need to supplement the marked statement. Their list appears in a separate government decree.
So, if the basis for registration of ownership is the presence on the site of a property that is legally owned by a particular entity, then documents of title to the building must be sent to the competent authority. You may also need the results of the state cadastral valuation of land, reflected in a special plan, which confirms the fact of the location of the property in a certain territory.
In turn, if the basis is the transfer of land to certain authorities, then documents of title to the territory will be needed, as well as a cadastral plan of the site.
In general, the laws of the Russian Federation do not imply the addition of these sources to any other. These lists - subject to the completeness of the documents - can be considered as exhaustive.
The laws of the Russian Federation governing the distribution of land to federal, regional or municipal authorities determine the conditions for classifying territories as the property of a particular subject. Consider this nuance in more detail.
Land allocation conditions
In accordance with the provisions of the Land Code of Russia, the conditions for classifying certain areas as property of federal, regional or municipal entities may be:
- the location in the relevant territories of buildings that belong to various structures on the basis of ownership;
- provision of plots to specific authorities, state or municipal enterprises, NPOs.
In addition, the legislation may determine other conditions for the implementation of the legal relations in question.
The next most important aspect of the implementation of the provisions of the sources of law governing how federal state ownership of land should be distributed, regional or municipal, is the criteria for classifying territories as those that belong to state structures, as well as to transferred municipalities.
What territories may be federal property?
The highest level of state power in the Russian Federation is federal. In accordance with the provisions of the Land Code, the following types of state ownership of land may be classified as federal:
- land occupied by buildings and structures that belong to federal structures on the basis of ownership;
- areas that are provided to state bodies, their territorial representations, state enterprises, as well as NPOs, which are formed by the relevant authorities;
- sites that are permanently used by the Academies of Sciences, as well as structures subordinate to them, if they were transferred prior to the entry into force of certain sources of law governing the status of these scientific institutions;
- territories that are leased to the Russian Highways enterprise by a competent authority.
The next level of power in the Russian Federation is regional. Relevant authorities can also receive land.
What territories may be regionally owned?
At the regional level, the state property is land - in case of their transfer to the subjects of power in the manner prescribed by law - of the following categories:
- plots, buildings and structures that are owned by regional authorities on the basis of ownership;
- territories that are transferred to state bodies in the constituent entities of the Russian Federation, enterprises or NPOs formed at the regional level;
- plots related to agricultural land occupied by roads, various communications, plantations in order to protect territories from negative impact, as well as water bodies - excluding plots of the corresponding purpose that belong to federal, municipal structures, citizens or organizations.
It can be noted that the transfer of land into the ownership of cities of federal importance of the Russian Federation is carried out on the basis of the application of the rules established for both federal and regional authorities: the jurisdiction of specific provisions of the law extends to the territories on which certain objects are located within the area of cities of federal significance .
The next level of power in the Russian Federation is municipal. Structures that correspond to it can also receive land.
What territories can be in municipal ownership?
So, we examined in which cases state property is land - subject to their differentiation in the manner prescribed by law at the federal or regional level. In turn, municipalities operate by law independently of state structures.
When delimiting state ownership of land, the following may be transferred to the ownership of local authorities:
- plots occupied by buildings and structures belonging to municipalities;
- territories that are provided to local authorities, municipal enterprises or NPOs created at the appropriate level.
Land transfer and previous legislation
It should be noted that the Land Code separately regulates how state property is delimited if participants in the relevant legal relations acquired land in accordance with the rules of law in force until 2006. In this case, acts issued earlier by the Government of the Russian Federation that certify the lists of plots for which federal, regional or municipal authorities acquired the right of ownership should be considered as grounds for the state registration of ownership of the relevant territories.