Objects of land relations: concepts and types

Land relations arise in connection with the ownership, use and disposal of plots. The specificity of interactions is determined by the characteristics of the allotments themselves, acting as production assets. It manifests itself in politics and economics. In the economic sphere, land, as an object of land relations, is the main source of food and raw materials. In politics, the value of interactions is determined by the fact that farmers, peasants, and other owners and users of plots make up a significant or main part of the population in most countries. Accordingly, land, as an object of land relations, is always regarded as a source of struggle.

Key elements

The interactions associated with the use, disposal and ownership of territories include the following components:

1. Content.
2. Objects and subjects of land relations.

The content of interactions is expressed in the establishment of certain obligations and rights for participants.

Classification

The legislation provides for certain types of objects of land relations. Interactions arise between participants about spatially limited, legally homogeneous arrays. The objects of land relations are the territory, divided according to the established procedure. It has a special purpose and a special category. The objects of land relations are :

1. Shares of allotments.
2. Plots and their parts.
3. Rights to allotments, their shares and parts.

Members

They are called subjects of land relations. Their composition is determined by Article 5 of the LC. Participants in interactions can be:

1. Citizens.
2. Russian Federation.
3. Legal entity.
4. Regions of the Russian Federation.
5. Municipalities.

These entities may be:

1. The owners.
2. By users.
3. Owners of easements.
4. Tenants.
5. By the owners.

Objects of land relations may be in permanent indefinite or gratuitous term use, lifetime inheritable possession. For production or other business purposes, allotments are leased. In this case, the use of the plots is carried out in accordance with the contract. Interaction participants owning an easement have a limited right to exploit someone else's allotment.

Specificity

According to articles 124-125 of the Civil Code, regions, the Russian Federation, rural, urban settlements and other municipalities enter into land relations on an equal footing with other entities - legal entities and citizens. On their behalf, state and local authorities operate. These structures acquire certain rights and bear responsibilities.

Forms of ownership

They are of key importance in the system of interactions and form its basis. Under the primitive communal system was a communal form of ownership. In a slave state, it was transformed into a private one. Subsequently, this form of ownership of land relations was developed under feudalism and capitalism. After 1917, as a result of the nationalization of the territories, a state property monopoly was established. On this basis socialist relations were formed. In 1990, a reform was carried out. Along with the state, private property was introduced. As a result, land relations were fundamentally rebuilt.

Rent

Objects of land and property relations , as mentioned above, can be provided for use. In this case, the owner receives a rent - the income from the operation of the allotment by another person. It can exist in one of the following forms:

1. Development - corvee.
2. Dues - rent products.
3. Cash payment.

Types

Under capitalism, two types of rents were formed: differential and absolute. The first is understood as the additional profit that occurs when the individual production price is lower than the social one. Differential rent, in turn, can be of two types. The first is an additional profit arising when the objects of land relations are territories divided by location and fertility. The differential rent of the first type is obtained from the middle and best plots. It arises under any form of ownership and will depend on the selling price of products received from the worst territories. This leads to a connection between this type of rent and soil fertility, the location of plots relative to markets, transport infrastructure, and so on. The differential income of the second type arises with new capital investments. This rent appears when the return on investment is higher than the rate of return in a given region or industry. Monopoly (absolute) income arises from the location of an agricultural enterprise in exceptional environmental conditions.

Forms of use and ownership

They are established in the manner prescribed by law. With the development of society, these forms change. Thus, during the primitive communal system, the redistribution of the territory took place between the tribes, their unions and families. As a result of this, the objects of land relations were in different forms of use. Under the slave system, allotments were exploited by noble owners and free peasants. Subsequently, the land was concentrated in the hands of the feudal lords. Under capitalism, large magnates, tenants, small peasants and farmers appeared. In Soviet times, such forms as collective farms and state farms dominated. After the land reform, they were transformed into partnerships, societies, peasant farms, their associations, as well as agricultural cooperatives.

Patterns of development

Economic conditions and the development of productive forces significantly affect the content of land relations. In this regard, their improvement is progressive in the case when they are consistent with the processes in the country's industrial sector. The economic law of conformity acts as the basic law of the formation and expansion of the sphere of land relations. The essence and nature of the relationship regarding the management, use and ownership of territories is determined by one way or another production. In the transition from the primitive communal to the slave system, the content of property changed. The main feature during this period was that in the possession were not only objects of public land relations , but also people. In the feudal era, patrimonies and estates were formed. During this period, enslavement of the peasantry intensified. Under capitalism, a new kind of land relations arose. It took shape between hired people and land owners, landlords and tenants. After the revolution and until the 1990s, interactions arose between the state and the business person. Significant corrections to the situation were made by the reform. Along with the state, individual property began to exist.

Administrative surveys of land relations facilities

In the current LC, amendments were made regarding state supervision. In accordance with this, the government by decree No. 251 of 03/18/2105 approved the rules for the implementation of a new stage of control. Participants in land relations are recommended to pay special attention to the consequences of its implementation. Amendments to the LC entered into force on April 1. 2015. In accordance with them, the powers of state supervision officers have been significantly expanded. They are given the right to conduct an examination of objects of land relations . This procedure is dedicated to Art. 71.2 of the Code. In fact, this procedure is part of the state supervision, since its results will be taken into account when drawing up annual inspection plans. Identified violations of the LC requirements during the examination will be the basis for unscheduled audits with further prosecution of the perpetrators.

Features of the procedure

According to the approved Rules, the inspection is carried out by officials of the state supervision structures having the authority to carry out scheduled and unscheduled audits. It should be noted that the procedure is carried out without interaction with the owners of allotments, as well as access of employees directly on the territory. Officials are only allowed to request from the local, state authorities, as well as organizations-operators of information systems, owners of archival funds the documents necessary for verification. After that, they independently, without receiving any additional permissions, analyze the information received. Routine inspections carried out as part of federal environmental oversight do not apply to administrative surveys.

Priority order

It is provided for certain categories of plots. In particular, objects of land relations , the cadastral value of which is higher than the specific indicator in the corresponding municipal unit, as well as allotments demanded in civil circulation, will be checked as a priority. In the latter case, the statistics of purchase and sale transactions is analyzed in accordance with the USR data. The priority inspection procedure is provided for plots used for agricultural production, breeding, variety testing, seed production, breeding livestock, experimental training, research activities.

results

If the examination does not reveal violations, during the next three years planned inspections will not be performed. The results are documented in a special act or opinion. The first document is prepared in case of violations. The conclusion is drawn up in their absence. Documents are prepared in electronic form, certified by digital signature. If this is not possible, then the conclusion (act) is drawn up on paper. Directly the results of the survey are published on the official website of the body that performed it. The next check will be carried out two years later.

Categories

The entire territory within the state border of Russia is its fund. Depending on the economic and economic characteristics, it is divided into categories. There are 7 of them:

1. Agricultural land. They are located outside the settlements and are provided or intended for agricultural needs. They include a redistribution fund. It includes escheated lands, plots withdrawn from circulation, or allotments that the owners voluntarily abandoned.
2. Territories of settlements. These lands are used for development. They are always separated by borders from other territories.
3. Special Purpose Lands. They are located outside the settlements. Rights to them arise on the grounds established by the LC.
4. Protected areas. They include lands with scientific, cultural, historical, environmental, aesthetic, and recreational value. A special legal regime is established for them.
5. Forest Fund.
6. Land stock. They are in municipal or state property and are not provided to legal entities and citizens, with the exception of agricultural territories.
7. Water fund. At the facilities included in it, there may be an artificial land plot. As an object of land relations, it is used according to general rules. It is created by filling or washing the soil, using other technologies.

The most important legal characteristics of the plots are authorized use and intended use. The latter represents the conditions and procedure for operating the allotment established by law. Specific goals are envisaged for a particular site according to the category. Permitted use is the conditions and procedure of operation, taking into account the established burdens / restrictions and the intended purpose.

Change Category

This procedure is regulated by the relevant federal law. A land plot as an object of land relations can be transferred from one category to another by decision:

1. Governments - for the federal territories.
2. Executive regional bodies - for allotments for agricultural purposes, which are in municipal or private ownership.
3. Local authorities - for other territories.

Nuances

The object of land relations is a land plot , the rights to which are registered in the established manner. The legislation provides for a number of cases when municipal and state bodies can conduct a transfer on their own. These entities may apply for a change in category without the consent of the copyright holder:

1. If the procedure involves adjusting or setting boundaries for the locality.
2. In the formation of a specially protected natural area without its removal from the copyright holder.

In other cases, the initiative should come from the owner or other legal owner. The transfer will be considered valid after making an entry in the Unified State Register. In this case, changes to the title documentation are not required.

Borders

A land plot, as an object of land relations, should be clearly indicated directly on the territory and on the map. The boundaries of allotments are established by surveying. It acts as a preparatory stage for cadastral registration. During the procedure, a boundary plan is drawn up. It includes graphic and text parts. The first indicates:

1. Information about the cadastral plan or extract from the site.
2. Information about access to the allotment.
3. The location of the borders.

To any site should be laid travel / hike. The text part contains data on the plots and their parts to the extent defined in the Federal Law "On the State Cadastre". The same section provides information on the coordination of borders (in cases where this is established by law).

Allotment education: requirements

The legislation establishes rules that must be observed when creating plots. In particular, the following requirements apply:

1. The maximum minimum and maximum sizes of allotments should correspond to the indicators defined by the town-planning regulations. If the validity of a normative document does not apply to any territory or it is not provided for any site, the permissible values ​​are established in accordance with the Federal Law. If the size of the allotment does not meet the requirements of the town-planning regulations, it is allowed to use the territory if this does not harm the health, lives of people, the environment and specially protected complexes.
2. The boundaries of the plots should not intersect with the lines dividing settlements.
3. The formation of allotments should not cause tearing, wedging, broken borders, the inability to place structures, impede rational use and protection, violate the requirements of the Federal Law.
4. It is forbidden to create sites whose operation in accordance with the permitted use is impossible.

Additionally

Objects of land relations are formed:

1. When merging / dividing allotments.
2. With the redistribution of land.
3. When separating from territories located in municipal or state property.

The intended use and purpose of the newly formed allotments remains. The law provides for a ban on the union of plots that are granted on the rights of unlimited permanent, urgent gratuitous use, as well as inheritable lifetime possession. The exception is cases when the allotments are in the same person.