Land structure: concept, categories, use and legal issues of the land fund

The land structure belongs to a characteristic element of the state land fund of the vast territory of Russia, it is divided into categories for the intended purpose. In a separate area of ​​management, where land serves as objects, they regulate legal relations, distribute rational use, and establish certain economic laws and regulations. The legal provisions are in the Land Code of the Russian Federation, Articles 3, 4, 7. The disposal of the plots is regulated by the Federal Law of the Russian Federation No. 136 as amended on 08/03/2018, which entered into force with amendments and additions on 01/10/2018.

Park zone

Historical retreat

Initially, the socio-economic and political structure of the Russian lands was fragmented. For this, various prerequisites have developed in society under the influence of reasons:

  • social;
  • economic;
  • external and internal environment.

The security of the feudal management system required the merger of vast territorial spaces, on which various structures with their own hierarchy formed.

At the highest level were the princes endowed with supreme power, they had property and the right to dispose of it. The boyars had vast estates, the estate was included in the advisory councils of the sovereigns, they could choose which of the princes to obey.

Those, in turn, brought closer faithful comrades-in-arms who subsequently received the status of nobles, rewarding estates with temporary use for their service. The socio-economic and political structure of the Russian lands ruled society. Allotments served as a sign of privileges, awards and a bargaining chip. The princely mercy could either transfer to the disposal of the land, or take it away for any wrongdoing.

Brief description of the premises of fragmentation

The complex structure of lands and Russian society, which was created from different layers located on separate estates and urban areas, gave birth to the light:

  • large boyars;
  • churchmen;
  • merchants;
  • artisans;
  • low estate serving the top rulers - servants, slaves.

Rural residents are completely dependent on land owners. At the same time, a new caste of the population was born from the warriors to whom the estates were granted. The lands began to plow, those wishing to remain in the estates with their property increased.

All these social signs influenced the way of life in the country; it was fragmented into landowners formed in a certain period. The boyars needed a strong government to preserve possessions from external enemies.

Smooth surface of the lake

Positive and negative points

Old Russian feudalism brought cons to the creation of the country:

  • separation of land with a separate office;
  • the formation of internecine conflicts;
  • weakening of military force;
  • raids of the Mongol-Tatars.

Positive influence:

  • crafts developed;
  • cities have grown;
  • undeveloped lands settled;
  • increased domestic trade;
  • cultural life has blossomed;
  • roads were built;
  • the local management apparatus strengthened.

Such prerequisites accompanied the social, economic, and political structure of the Russian lands during the period of weak stability, during the formation of statehood and the formation of society.

Land Fund of the Russian Federation and its characteristic features

On earth - an important resource of nature - it has so historically developed that people satisfy their needs:

  • farming;
  • placement of residential and industrial buildings and structures;
  • gaining access to natural sites.

Russia leads among countries in owning an extensive land fund, which includes:

  • forest areas;
  • agricultural arable land;
  • concentrated industry.

The land structure of the Russian Federation was mastered unevenly, the owners changed dramatically. Recently, cases of transfer of development plots to citizens have increased:

  • farming;
  • personal subsidiary plots;
  • gardens and vegetable gardens.

Rural land is absorbed by industrial developments. Most of the population is urban residents, therefore, due to migration growth, population density is torn between villages and cities.

A characteristic phenomenon was the loss of fertile land in villages not used and overgrown with weed. Cities do not have enough space for their uncontrolled growth, for this they seize land suitable for agriculture.

A problem has arisen in the Government, it is urgently necessary to solve, to develop ensuring the order in which the lands will be used without losing their usefulness, for favorable social and economic development.

beauty of nature

Destination of resources by purpose

The legislation established the division of the land fund structure into land categories. The seventh article of the Land Code approved seven species. Allotments belong to them:

  • located outside the settlement, individuals or enterprises carry out rural work on them;
  • residential construction with infrastructure;
  • industrial facilities, energy facilities, transport systems;
  • forests and production in this area;
  • water management with facilities and structures;
  • historical with a cultural heritage, they are under state protection;
  • spare, which are waiting in line for use.

When a new category appears, it will be included in the directory and the Land Code of the Russian Federation.

Permission to use

When they divide the land structure into categories, each has its own purpose. If the site is registered in a certain form, it should be used only in this direction. Lands are placed in this order on the basis of legislative acts:

  • government regulations for federal property;
  • orders from the authorities of the constituent entities of the federation if the land plots are owned by private, municipal organizations or intended for agriculture;
  • local government approvals for land owned by municipalities or private owners, this does not include allotments.

The authorities are vested with the right to transfer from one land use structure to another category if they are subject to their jurisdiction. When the type and intended use of the site is determined, activities there may be carried out without additional permission and approval procedures.

If the composition and structure of lands do not provide for certain categories of work, they turn to the competent authority to change their use and obtain permission. If there is a regulation in the territory providing for this activity, they apply for a permit for this production, since the procedure for transferring land to another category is much more complicated.

Roads on earth

Feature of the structure of agricultural land

Of particular value to the state are fertile lands along with minerals. The structure of agricultural land serves as a source of food and the welfare of citizens. Areas suitable for use in this category are:

  • hayfields;
  • arable land;
  • orchards;
  • pastures.

In rural areas, communication networks and roadways are being laid. Trees and shrubs are planted on this category of land to protect against winds and natural disasters. These lands may surround water bodies. Land is built up with buildings to store and process agricultural products. Such estates are given priority status, owners are obliged to protect and protect the wealth of the state. If they decided to create an industrial enterprise, they allocate plots unsuitable for planting.

Land plots in the countryside

Where are the settlements located?

Settlements are also on the ground. For them, there are borders in the area of ​​cities or towns in territorial zones:

  • residential;
  • production;
  • social business;
  • recreational;
  • engineering and transport;
  • with special purpose.

Each of the zones obeys:

  • own regulations;
  • legal regime;
  • targeted use of land plots.

Local government may prohibit the use of the site if the regulations are violated or the parameters do not match.

The village is beautiful

What areas are allocated for industrial production

Enterprises are located on land in remote cities if they are intended for hazardous production. The factory may be located within the boundaries of the settlement, provided that it does not harm the townspeople or farms of the villagers.

The industrial sectors include energy, transport, communications. In any case, the designated areas have security, sanitary zones with special application, conditions and requirements for them. They create restrictions on land use rights for any tenure status.

Rural land

Objects and territories under special protection

The lands of this category belong to the purpose:

  • scientific;
  • environmental protection;
  • historical;
  • cultural;
  • Wellness
  • nature reserve.

On these lands, all or part of the economic turnover is excluded.

Funds from forests and waters

Forests, lakes, rivers are located on lands where forestry enterprises or objects protected by the state of the water direction operate. Allotments may be in stock. In order to transfer them to an individual or legal entity, it is necessary to transfer from the category to which they belong to the declared, necessary purpose.

Why can’t you break the ban?

The Land Code in Article 8 indicates in what order it is possible to transfer land from one destination to another category, to complete the design process. In every legal state there are prohibitions, restrictions, permissions and obligations, even for property owners. Legislation indicates to land owners:

  • land should be used in the intended direction on the basis of the permission obtained;
  • it is impossible to prevent the loss of quality of the fertile layer and affect it with harmful substances;
  • keep reclaimed land in optimal condition.

Landowner Rights:

  • buy and sell;
  • donate to heirs;
  • apply for a change in the purpose of the land.

Legislation prohibits:

  • do not use agricultural land, do not plant vegetables, fruits, stopping care, weeding, after which the garden is overgrown with weed;
  • only citizens of the Russian Federation can engage in land circulation; foreigners are allowed to rent arable land for a period approved by the contract;
  • arbitrarily translate from categories without special permission by legal authorities.

Penalties, criminal or material liability awaits violators of the RF Labor Code. Legislators have simplified the procedure for removing land plots that are neglected or misused. Such a measure is considered a return to state circulation of property.

Thus, lawmakers are fighting the destruction of valuable black soil, preventing the death of hundreds of hectares of state wealth.

Source: https://habr.com/ru/post/E28836/


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