Art. 7 LC RF. The composition of land in the Russian Federation. Agricultural land. Land forest fund. Land settlements

The legislation establishes the composition of land in the Russian Federation. The country's resources include seven groups. Each of them has its own purpose.

Art. 7 LC RF

The first paragraph of this rule defines the groups for their intended purpose. These include:

1. Land forest fund.
2. Residential areas.
3. Agricultural land. These areas, as a rule, are located outside the settlements.
4. Sites used by enterprises of industry, communications, transport, television and radio broadcasting, computer science, energy, space activities, defense, security and other special purposes.
5. Lands of specially protected natural territories and objects.
6. Stock.
7. Water fund plots.

Legal regime

It is determined in accordance with the affiliation of the areas to one or another category. The composition of land is established as part of zoning. Its general principles and rules of implementation are determined by federal law. As part of the zoning, the permitted use of plots is also established. Any kind of it can be selected independently, without any additional approval procedures. Permitted use is determined by the classifier. This normative act is approved by the authorized executive body.

Important point

Separately, the law stipulates the composition of land in places of permanent residence and the conduct of traditional types of economic activity of small peoples, ethnic communities. In cases established by regulatory enactments, a special legal regime may be provided for them. Relevant decisions are made by regional and territorial authorized structures. This takes into account the specifics of the area.

Explanations

The division into groups for the intended purpose is considered traditional for domestic legislation. The composition of the land was established by previous codes. The changes affected only the names of each of them. An example is the category of land "land settlements". Allowed use remains the same, but the name of the group has changed twice. At first it was the one used now. The new code introduced the use of the category “land of settlements”. However, five years later, it was decided to abandon this name.

Special purpose

The composition of land on this basis is determined in different norms of the code. For example, under article 87, industrial areas are intended to support the work of production, processing and other enterprises. The legislation provides for a special regime for individual sites. For example, the lands of the forest fund are under enhanced protection. A special regime is provided for water sources, historical and cultural monuments.

Zoning Specifics

The division of territories is regulated by the Town Planning Code. Zoning is aimed at determining the zones in which the relevant regulations will apply. In the 37th article of the Group of Companies the categories of permissible land use are established. The general classification includes three groups. They are: main types, conditionally permitted and auxiliary. The latter are allowed only as optional.

Nuances

Auxiliary and basic types of permissible use of land and capital construction facilities by copyright holders can be selected independently. Moreover, the law does not require the receipt of additional documents and the implementation of coordination. However, this rule does not apply to all copyright holders. The exception is state bodies, regional and local power structures, municipal and state enterprises, including unitary ones. As for the conditionally permitted type, to select it, you need to receive a document according to the rules of the 39th article of the Civil Code. Legislation allows a change of one type to another. In this case, the requirements of those regulations must be observed. If technical regulations do not work on some lands, then the type of use is changed in the manner prescribed by federal law.

Small nations

In the country there are areas in which the indigenous population lives. In particular, we are talking about the Far East, Siberia and the Far North. In these territories, the economic activity of people has historically developed. As a rule, these are traditional crafts (fishing, hunting, etc.). To ensure environmental management, the territories are assigned the status of specially protected. The legislation may provide for special legal regimes for other sites in areas of residence and activities of ethnic communities and indigenous peoples. In particular, such provisions are present in the 10th article of the Federal Law No. 101. According to the norm, agricultural land in municipal or state ownership can be transferred to communities to preserve and develop their traditional way of life. However, the law stipulates that the redemption of leased space is not allowed. Paragraph 6 of this article also provides that plots of agricultural land on which deer and pasture pastures are located in areas of the Far North that are in municipal or state property can be transferred to organizations and citizens for at least 5 years. Regional authorities, given the specifics of the area, establish additional rules for the protection of such areas.

Regulatory objectives

The general requirement for the use of land in accordance with its intended purpose is supported by Articles 46, 45, 40, 42 and others. It is implemented by establishing restrictions on the change of one species to another. The principle of territorial division is complemented by a differentiated approach to the introduction of a legal regime. According to the latter, economic, natural, social and other factors should be taken into account. The legal regime is a special order of regulatory regulation of the actions of participants in relations. It is expressed in a combination of different legal means focused on:

1. Ensuring the rational exploitation of resources and their protection in the public interest. At the same time, the provision on the earth as the most important element of nature is taken as the basis.
2. Creation of conditions for obtaining, implementing and protecting the rights of organizations, citizens, public entities.

additional information

It is worth noting that for the first time the concept of "permitted use" was mentioned in the appendix to the letter of Roskomzem No. 1-16 / 2096. Some species are present in the directories and classifiers included in the collections of the automated system of the state cadastre, approved by order of Rosnedvizhimost in 2006. In addition, the categories are mentioned in the guidelines for state valuation of lands introduced by order of the Ministry of Economic Development in 2007. According to general standards, types determined in relation to those areas that have been zoned. This procedure, in turn, is mandatory for some lands (for example, for settlements). As an analysis of the provisions of the urban planning legislation shows, this or that species may have plots assigned to different zones. Moreover, their inclusion in a particular group does not depend on the category, if they are located within urban districts or other areas where it is planned to be built. This conclusion is confirmed by other provisions governing the relevant relations. An example is Articles 40-42 of the LC.

Regulatory requirements for copyright holders

In accordance with the law, entities are entitled to exploit land only in accordance with their authorized use. Persons may carry out drainage, irrigation and other land reclamation activities in accordance with the established procedure. The type of permissible use provides for the definition of a clear purpose for the operation of the site. In this case, probable restrictions should be taken into account, including those related to fixing specific types of activities that the copyright holder may conduct. When choosing one or another type of permissible use, it must be borne in mind that in general cases it is not required to obtain appropriate permits or coordination with authorized control structures. However, local, federal, state bodies, unitary enterprises, and institutions are not subject to this rule. These entities need to go through all the steps and complete all the procedures prescribed by law.