Modern society should pay more attention to certain points that are clearly spelled out in law. Now a new concept has appeared in the laws - the legal regime of lands. We will get to know him closer in this article. In any case, over time, problems with the protection of territories may appear. And to control such a relationship is difficult. The main objective of the law governing relations related to land is to make the delimitation of land targeted. To understand this issue in more detail, you should carefully familiarize yourself with all the nuances that exist in Russian laws.
The essence of the legal regime
It must be said that land plots in Russia are divided into categories, and this is precisely what makes it possible to specifically establish their legal status. The bottom line is that each piece of land is issued exclusively for a specific purpose. To determine the mode, a distribution is made into zones. The legal regime of lands allows restricting the rights of owners using territories by dividing them into zones. Separate exclusion zones and areas under special protection are highlighted separately.
Land composition
All lands have their own quality, they differ in that they have their own characteristics and indicators, as well as social significance. Initially, the emphasis is on the proper use of territories. Consider the following categories:
- For agricultural use.
- With the population.
- Land of industry and other special purposes.
- Protected areas.
- Forest Fund.
- Plots of water supply.
- Land in reserve.
Above were given seven categories, which are the main ones. For example, if we take farm lands, they only serve to produce agricultural products, but for living there is another category. But it should be remembered that the legal regime of land allows you to translate one category into another. Of course, the question may arise who will establish the category. The executive authorities of the state are engaged in this, and their decision is recorded in the land cadastre.
All pitfalls of agricultural land
Features of the legal regime of agricultural lands are that they can be used only for the development and improvement of the economy. Lands of this purpose can be allocated only to some categories:
- Citizens who develop farming and subsidiary plots.
- Economic communities that have the right to be called cooperatives or municipal enterprises may also be other commercial organizations.
- Considering land relations, non-profit religious organizations can become owners.
- Cossack communities have the opportunity to own farmland.
- Communities of small nations in the North, Siberia and the Far East can become owners.
It is possible to obtain a land plot for agricultural development after coming of age, but the main condition is the fact that the owner must live near this plot and constantly use it for its intended purpose. It is worth remembering that the state makes mandatory land protection. Therefore, there are certain restrictions on privatization. But these restrictions do not apply in any way to the plots that are provided for housing and civil construction, and housekeeping for personal use. It is also worth remembering that areas intended for plowing, hayfields, and pastures are subject to careful protection.
Legal regime of lands used by the population
The legislation of the Russian Federation gives a clear idea of the use of land for housing, that is, the allocation of territories for a specific purpose. The legal regime of the lands of settlements provides that such territories have clear boundaries. For example, it is worthwhile to understand that urban and rural settlements do not intersect with other municipal areas.
Consider the basic rules by which boundaries are set:
- They must comply with the approved master plan for the entire county.
- Corresponding to the territorial location of the area, which will fully reflect the boundaries of a rural settlement or urban.
It is important to remember that all the lands of populated territories are divided into separate zones:
- Land included in residential areas. They are intended for the construction of residential buildings of different heights.
- Administration buildings, facilities for education and cultural development of citizens will be located in the business zone.
- There are special areas that are reserved for storage facilities.
- Territories for transport infrastructure.
- The legal regime of the lands of settlements also provides for the allocation of small zones for agricultural production.
Separate areas are also considered by law. Such lands are located outside urban settlements.
Land for industry and special purposes
Industrial territories can be divided by the nature and main tasks that they must perform:
- Land used exclusively for industry.
- For the installation of energy facilities.
- For storing a variety of vehicles.
- For information equipment.
- Earth for space activities.
- Territories used to implement state security.
- Land for other purposes.
Such sites can be allocated for a specific purpose, which is clearly prescribed in the relevant laws. It should be noted that in order to create complete security for the population, the state imposes additional requirements on the territories and identifies the following categories of land use:
- Plots of strictly industrial importance.
- Ways for convenient access to industrial facilities.
- Territories for storage facilities and storage.
- Administration Buildings.
- Specially created sanitary zones with special conditions for their operation.
When it comes to areas of the transport target direction, they may include land of automobile and sea transport.
The essence of the right regime of specially protected areas
The legal regime of lands protected by the state is that they have special significance for the country. This may include the following categories:
- Territories of nature, which are a health resort.
- The designation of territories is environmental in nature.
- For the state, these lands can have historical and cultural significance.
- Lands can be valuable by other criteria.
It is important to remember that land protection is carried out and controlled by the state. Therefore, they are prohibited from carrying out the following actions:
- Engaged in agriculture and gardening.
- It is impossible to build roads, lay pipelines, and conduct power lines.
- Not allowed traffic and the organization of parking, driving cattle.
- Other activities, as they can be harmful.
Forests
The legal regime of forest fund lands includes not only territories with vegetation, but also areas where it is absent. The order on such lands is regulated by special forest legislation. The uses for such territories are as follows:
- Protective forests.
- Production forests.
- Forests that are in reserve.
It should also be understood that forests that are located on lands of other categories may be protective:
- Forests can be coastal, aimed at protecting soils and water bodies.
- This may include forest edges.
- Forest plots that are part of the conservation area.
- Places to stay rare wildlife.
The legal regime of the lands of the forest fund includes the targeted use of all forests in Russia. For example, timber harvesting for agriculture, collection of medicinal plants on the territory, plots for hunting and scientific activities.
On the territory of protective forests:
- It is impossible to carry out deforestation, as well as the use of toxic and chemical preparations.
- In protected areas, not only deforestation is prohibited, but also bonfires to prevent fires.
- The legislation allows partial deforestation. These areas include special plantings that were grown specifically for this purpose.
- Additionally, there is the concept of reserve forests. In such forests it is impossible to cut down trees and harvest wood for twenty years.
- In reserve forests, aviation protection work should be constantly carried out.
After the forests are transferred to the category of operational, their full use is allowed for its intended purpose.
Water resources
The lands of the water fund include:
- Territories that are covered by water, and various other water bodies.
- Land on which there are hydraulic structures.
This category of territories can be used to provide the population with drinking water and for household needs. Practice shows that it is necessary to strictly observe the features of the use of these waters, for example, water users must ensure constant filling of storage facilities.
In the event of a special situation, water reserves should be in the storage tanks, which can for some time fully satisfy the needs of the population. It should be noted that these water lands can be included in the zone of special protection from pollution.
Stock land features
Land relations governing relations in relation to territories in reserve and other categories vary widely. Therefore, it is worth considering all the nuances in detail. The main difference between reserve lands is that they are not given for use. These sites are in reserve at the state itself, and their intended purpose has not yet been determined. The law considers these territories to be special and combines them into a special category.
The legal regime of reserve lands distinguishes them as state property. It should be pointed out that they cannot include territories that are included in the preliminary distribution of land fund, because these plots are already considered agricultural. They cannot be used until they move into another category. A huge amount of land located in the Far East, Siberia and the Far North, refers to the territories of the reserve. Plots that are currently considered to be unclaimed in the economy, become lands in reserve. The legal regime of reserve lands does not define them as ownerless or no man's land. They are the property of the state.
As a rule, such lands are used temporarily, for example by citizens who are currently living in this territory. The state and local authorities are normal in that the local population will use these lands for gardens, but it is forbidden to build capital structures. If such lands are needed for use by the state or municipal authorities, they will be withdrawn.
How to transfer land to another category
As mentioned above, reserve lands can be transferred to a completely different category. For this, the number in the cadastral register is changed, it is also necessary to indicate the reasons why the applicant wishes to receive these lands, and indicate the category that the future owner wants to assign in the future.
The following documents should be prepared:
- Category Change Application.
- Documents confirming the identity of the applicant.
- An extract from the registry about the location of the site, moving into another category.
- The conclusion of the environmental assessment.
Reserve lands very often change their category, and this is due to the lack of available plots that can be used for agricultural development or for the construction of a residential complex. Investors are often interested in the land of the reserve, because such sites can be purchased cheaply. Sometimes land for development allocated by municipalities.
This article describes in detail the concept of the legal regime of lands and all their categories. It can be safely said that such a provision of the land regime in Russia can rightfully deserve the highest rating, since by all the norms of the current legislation and all laws this issue is clearly regulated by the state. It should be noted that the state also provides for each category its own characteristics that are worth considering, otherwise there is a risk of not getting what you want in the end. If you want to use some land for a specific purpose, you must first consult with an experienced lawyer who will give practical advice and introduce the smallest details of land law. They can then be put into practice and used at their discretion, but within the framework of the law.