The issue of land ownership is debatable yesterday, today and tomorrow. This is reflected in the emerging economic relations of property, and in its legal regulation. To some extent, the situation, which can be characterized by an insufficient elaboration of property relations for land plots in terms of legislation, remains. At the same time, it is not only social but also economic social stability that depends on the regulation of land use and land tenure relations. So, the problems of land ownership are relevant today. In our article, we will talk about the principles and features of the turnover of agricultural land. In addition, we consider the legal regulation and restrictions that currently exist.
General Provisions
It should be noted that the features of agricultural land turnover have undergone significant changes over time. That is why it is advisable to touch on the historical aspect. Such sites form an independent category in the Russian Federation. Its priority role is due to the importance of land in socio-economic terms.
The transformations that began in the process of agrarian and land reforms and touched primarily on agricultural relations, to this day have a practically decisive influence on the legal regime in this area. First of all, this is confirmed by the demonopolization of state. ownership and the establishment of a variety of forms of land ownership, the emergence of new agricultural entities, an individual procedure for the privatization of agricultural land , special legal regulation of agricultural land circulation, which is beyond the scope of the new RF LC of October 25, 2001
It must be borne in mind that agricultural plots represent, among other things, the subject of research, an object of various kinds of legal relations. So, one can separately consider the legal regulation of agricultural land circulation, the procedure and conditions for the use of these plots, land protection, legal regulation of management by the state in the person of its specific structures.
Regulation Features
We will carry out a historical analysis of the legislation regarding land turnover in the agricultural sector. Next, we analyze the relevant features of the legal regulation of agricultural land turnover. On the territory of the Russian Federation, the land was taken out of circulation for a rather long period of time. So, the state did not allow any transactions of civil law value with it. There were only administrative-command methods and forms of distribution and, accordingly, the redistribution of sites, providing them for use. Nevertheless, the reorganization of the legal and political systems in Russia necessitated the implementation of land reform. As a result, it eliminated the exclusive state. land ownership, recognized the ability to buy land as private land.
However, until today, how the regulation of agricultural land is regulated leaves nothing to be desired. It is important to emphasize that the legislation in this area is controversial and fragmentary. Thus, the main task in this part is to further determine the characteristics of the circulation of agricultural land, as well as their accounting in laws related to land. The insufficiency of specificity in regulating the turnover of plots can be discussed, if only for the reason that only a few articles are devoted to the issues of leasing and buying and selling land in the current legislation of the Russian Federation. It is worth adding that we are talking about the Land Code of the Russian Federation and the Federal Law of the Russian Federation "On the turnover of agricultural land." In countries with a sufficiently developed market turnover of land, whole normative acts are devoted to one agricultural lease. For example, in the legal system of France there are many special laws that govern the rental of agricultural land.
Reform
In order to fully understand the topic related to the peculiarities of agricultural land turnover, it is advisable to parse land reform in Russia, which began around the XX - XXI centuries. directly from the adoption of the RF Labor Code. It is worth noting that it presupposed an adequate reform of the entire totality of then-normative legal acts that governed land relations. Such a detailed approach is primarily associated with the transition period in the economy and, accordingly, with the development of the institution of a private type of property. The second factor is the significant amount of contradictions in the past regulatory acts and the new Law of the Russian Federation "On the turnover of agricultural land." One of the most controversial issues related to the reform of land legislation is the adoption of a law that establishes the status of agricultural land. type, since this category of land traditionally acts as one of the most valuable. Only after lengthy debates did they adopt Federal Law No. 101 “On the Turnover of Agricultural Land”.
Land Code and Federal Law
The ZK acting on the territory of the Russian Federation provides only a general classification and definition of agricultural type plots. It establishes general rules for the use of such lands. As much as possible, the features of the turnover of agricultural land are regulated by the Federal Act considered above. It should be noted that it entered into force on January 27, 2003, that is, six months after its official publication, which dates from July 27, 2002.
The Federal Law regulates relations that are related to the possession, disposal, use of agricultural land. In addition, he establishes current rules, as well as restrictions on the turnover of agricultural land. The law determines the share in the right of general type of ownership of agricultural land, that is, it regulates transactions that result in the appearance or termination of rights to land plots. The Federal Law determines the conditions associated with the provision of land for agricultural purposes, which are located in the municipal or state. property, as well as with their withdrawal to this property.
It should be borne in mind that there are some restrictions on the turnover of agricultural land. So, the Law does not apply to the land provided from agricultural land plots to individuals for individual garage or housing construction, gardening, development of personal summer house and subsidiary farming, gardening and animal husbandry, as well as to land occupied by buildings, buildings and various structures. The turnover of these land plots is regulated by the Land Code in force in the country.
Actual issues of legal regulation
In accordance with the provisions of Law No. 101 “On the Turnover of Agricultural Land”, the subjects of the Russian Federation implement legal regulation in accordance with the following issues:
- Identification of the moment initiating the privatization of agricultural land plots (Clause 4, Article 1).
- Definition of cases of gratuitous provision to individuals in the common ownership of agricultural type land that are in perpetual (permanent) use of agricultural structures. Formation of a list of FL that are entitled to receive certain shares of the territory, that is, regulation of the turnover of shares of agricultural land (Clause 4, Article 10).
- The procedure for identifying the size of the land share (Clause 4, Article 10).
- Determination of the minimum size of plots from all areas of the agricultural type, which are considered newly formed. It is advisable to include here the shares in the right of common ownership allocated in the account (paragraph 1 of article 4).
- Identification of the limits of the minimum size of land for artificially irrigated agricultural. land, as well as other drained territories (paragraph 1 of article 4).
- Determination of the maximum area of ​​land located in one municipal district. It is worth noting that they can be the property of one legal entity or individual. However, the total size cannot be less than 10% of the total area of ​​land located in one municipal district at the time of receiving or providing a plot of land (paragraph 2 of article 4).
- The establishment of a less significant period of lease of a plot of land of agricultural importance (paragraph 3 of article 9).
Comments
The content of the powers of subjects set forth in the Federal Law (Article 8) “On the Turnover of Agricultural Land” implies that the legal regulation of the transfer of land to agricultural land. type in common ownership as if moved to the level of regions. Obviously, after the adoption of the Federal Law, the subjects of the Russian Federation in the actual sense were empowered to decide to whom and under what circumstances to provide agricultural land, when exactly to begin the privatization of land on their own territory. It should be noted that the powers granted imply the full implementation of the provisions of the Federal Law “On the Turnover of Agricultural Land” on the territory of independent entities of the country. At the same time, the socio-economic and natural-climatic conditions of the subjects, as well as the traditions of local society, are mandatory.
The concept of agricultural land in the Russian Federation
The turnover of agricultural plots. type - nothing more than a set of transactions, the outcome of which is the emergence or termination of land rights, as well as its shares in the right of common ownership. It is worth noting that the concept of turnover in this case involves the transfer of land rights to agricultural land. type or to separate shares in the common ownership right, which are called land shares, from a subject to another subject. The reasons for this may be the following: a contract of sale, exchange, gift, rent, rent, maintenance, dependent on life-long terms; by inheritance, waiver of land rights on a voluntary basis, transfer to the charter. capital. It must be borne in mind that today there are other ways established by land legislation. Agricultural land turnover. type can also be considered as the provision (in particular, privatization) to legal entities and individuals of agricultural land by local government structures, as well as public authorities.
Legal Goals
Among the current goals of the legal regulation of agricultural land turnover, it is important to note the following:
- Ensuring the rational use of agricultural plots according to their intended purpose.
- Protection of land occupied by agriculture.
- Preservation, as well as improving the quality of territories.
Principles and features of agricultural land turnover
The Federal Law, which has been mentioned more than once, enshrines 5 principles for regulating the turnover of agricultural land plots. It is important to note that they arose in the process of considering one of the bills in the State Duma of the Russian Federation based on the results of the activities of the tripartite working group engaged in the development of articles "On the circulation of agricultural land." It is advisable to add that in this draft principles were not at all.
So, the first principle of the turnover of agricultural land provides for the conservation of the targeted use of land. This is a kind of interpretation of the industry-wide rule for land legislation. It should be noted that the provision is enshrined in the first article of the Land Code: the classification of land in strict accordance with the purpose for use for certain categories, according to which their regime in the field of law is established on the basis of belonging to certain categories, as well as from the permitted application for zoning of territories and the requirements of applicable law.
An additional principle of agricultural land circulation in this case is the priority rule for the conservation of especially valuable land territories, as well as protected areas, according to which the removal of valuable agricultural land, forest fund territories (this includes only forests of the first group), specially protected natural areas and objects, as well as lands occupied by objects of cultural heritage, is prohibited or limited in the manner specified by federal legislative acts s.
The conservation of the targeted use of land is carried out through a system of state measures. regulations that establish restrictions related to changes in the intended use of agricultural land. In addition, measures of legal liability are applied, as a rule, for violations of legislation in force in the country. It should be noted that the combination of factors for changing the purpose of the land use includes the assignment of duties to individuals and legal entities that receive agricultural land as territories for their own use, not related to agricultural management (Article 58 of the RF Labor Code).
Second rule: area limitation
The second feature of the turnover of agricultural land (according to the "Guarantor", a special system for transactions) is the limitation of the total area of ​​land occupied by agricultural land. It is worth adding that this or that plot may be the property of an individual, as well as persons dependent on him. In other words, we are talking about preventing the formation of latifundia where there is one administrative-territorial entity of the subject of the Russian Federation. According to the mentioned principle, measures related to limiting the size of the total land area should be established solely with regard to agricultural land, that is, with respect to the most valuable component of agricultural land, and not all land plots of this category.
It should be noted that these restrictions are often relevant only within the framework of the only administrative-territorial formation of a subject of the Russian Federation, for example, an administrative region. Certain rules of law that implement the second principle are in Art. 4, 5 and 11 of the Federal Law.
Principles No. 3 and 4
The following features of the turnover of agricultural land (3 and 4) are aimed at establishing a pre-emptive right belonging to a constituent entity of the Russian Federation for the acquisition of a plot of land or its sale. It is advisable to include here a share in the law of the general. property in the event of onerous alienation of land. It is important to note that the relevant provisions are disclosed in Articles 8 and 12 of the Federal Law.
In terms of regulation of agricultural land turnover. of the type presented by the state, the principles fully ensure overcoming of a number of the most important tasks:
- They allow the state in the person of certain constituent entities of the Russian Federation or municipalities (in cases established by applicable law) to take passive or active participation in the land market and thereby control this market.
- Participation in the land market allows you to quickly and quickly receive the necessary information, in other words, monitor the market.
- The mechanism for exercising the pre-emptive right of acquisition prevents the concealment, as well as the underestimation, of the actually formed land prices.
, . , . . .
, . , , , . .2 3 « ».
-
, , , . :
, . , , , , .
. , II . 9 « . ». , : 49 , . , . , . , , .
. , , . ( ) , . , , 5 , , . 5 , .
, , () . , . , . , , . , , . .
( , 12-18) , , , . :
- .
- ( , , ).
- Making decisions regarding the ownership, use, and disposition of shared land exclusively by the meeting of all participants, but not by agreement. It is important to note here that the general meeting is competent if at least 20% of the participants in the shared type of ownership participate in it. This includes persons who own more than 50% of the land (regardless of the number of individuals).
- The relevance of the application procedure for the allocation of land in the account of the share.
- Recognition of legal force of previously issued documentation proving rights to a share of the land.
- The presence of changes in relations related to the lease of shares, for example, if they do not comply with the legislation in force in the country. So, they become relations under trust management agreements (this rule has become relevant in practice since January 27, 2007).
If we pay attention to the specifics of such a category as land share, we can conclude: owning it is not owning one or another part of the land. Moreover, there is no possession of either an ideal or a valid share of the territory belonging to a particular subject on the basis of the right of a general type of property. It should be borne in mind that the ideal share can be determined exclusively in the general right of ownership of land, but not in property.
Final part
So, we examined the features of the turnover of agricultural type territories, their legal regulation, as well as the restrictions and principles that are relevant at the present time. As it turned out, in general, this regulation is carried out through the Federal Law "On the Turnover of Agricultural Land". It should be borne in mind that its key goal is to maximize the application to and use of agricultural territories of the general rules of civil and land legislation in force in the Russian Federation. After the legislative act of the federal level came into force, the earlier relevant ban related to the privatization of land intended for agriculture was lifted. It is necessary to add that the ban was established by article 8 of the Federal Law "On the entry into force of the RF Labor Code."
The use of state regulation mechanisms in the person of its specific structures established by the federal law that is fundamental on this topic allows us to fully ensure the formation of the necessary conditions for reforming land relations in the agricultural sector, and also involves the introduction of a legitimate framework for the turnover of land from agricultural land. type and shares in the law of the general type of ownership. The key federal law is the main factor in ensuring the effective use of agricultural land and, of course, attracting investment in the agricultural sector, which, it is important to note, is growing more and more in Russia every year.