Ownership of land is considered the most complete legal category in content. According to the Civil Code, the legal owner of the property can dispose of it, own it and use it.
General characteristics of the category
Relations arising in connection with the order, possession, use of land are governed by civil norms and provisions of the LC. At the same time, the concepts used in the Civil Code are considered fundamental. The land legislation perceives the institution of ownership, it cannot exclude any provision relating to the rights of the rightful owner.
Object Features
Land is considered a specific legal category. From the understanding of this fact follows the provisions of civil law on the possibilities and features of regulation of relations relating to this object. According to Art. 209 of the Civil Code (Clause 3), the use, disposal, and ownership of land is free, if this does not harm nature, does not infringe on the interests of other persons.
State property
The provisions governing it are provided by the Civil Code. Existing legislation recognizes that land, as well as other natural resources that are not owned by citizens, municipalities, organizations, is owned, used and disposed of by the state. This position is fixed in article 214 of the Civil Code (paragraph 2). Relatively recently, only state property extended to the bowels, water bodies, land, wildlife, and forest. It was believed that in the country no one but the government could be their rightful owner. The exclusive right of ownership of the state also meant that objects that were not owned by anyone, that is, ownerless, could not exist. Other rules and regulations apply.
Separation of ownership
The lands that belong to the Russian Federation are federal property. Meanwhile, there are territories that are owned exclusively by the regions. In this case, they speak about the state property of the subject of the Russian Federation. Article 16 of the LC provides that the issue of delimiting public ownership is resolved directly by the Code and other regulatory documents. In accordance with Art. 17 (paragraph 1), the following areas are classified as federal property:
- Recognized as such Federal Law. Categories of such allotments are defined in clause 1 of the law that enacts the LC.
- The right to which the Russian Federation arose as a result of the delimitation of state property on land.
- Acquired by Russia in accordance with the grounds established in the Civil Code.
In the state property of the regions there are such areas:
- Recognized as such in accordance with the Federal Law. Their list is defined in paragraph 2 of Art. 3 of the above law.
- The right to which appeared among subjects in the process of delimiting state property.
- Acquired on the grounds established in the Civil Code.
Municipal land ownership
The Russian Federation is a state in which the competence of the federal, regional and local authorities is strictly delimited. The law provides for issues that apply to joint jurisdiction. However, with regard to the possession, disposal, use of property belonging to subjects of each level, clear boundaries are drawn here and special rules apply.
Municipal land ownership arises at the time of its registration by authorized bodies. The acts of the Government act as the basis for this procedure. They approve special lists, which include sections of municipal property . The latter arise during the delimitation of territories. In addition, municipal ownership of land arises from a series of court decisions that have entered into force. In particular, we are talking about decisions adopted on disputes relating to the delimitation of territories.
Categories of objects
Current legislation provides for municipal ownership of land :
- Recognized as such in accordance with the Federal Law, as well as regional regulations adopted on their basis.
- The right to which arose in the process of delimiting state property.
- Acquired on the grounds established in the Civil Code.
Additionally
The regulatory acts also provide for other categories of allotments, ownership, use, the disposal of which may be carried out by the Moscow Region. In particular, municipal ownership of land arises in relation to allotments not granted to private individuals before delimitation of territories. To ensure the development of the Moscow Region, areas that belong to the Russian Federation or its region, including those located outside the administrative unit, may be transferred to it.
Territory specifics
The limits of MO are determined by federal and regional laws. This takes into account historical and other local traditions. In the territory of Moscow Region, a rural or urban settlement may be included. Within the boundaries of an administrative unit, there may be areas necessary for the development of settlements, recreational areas. In addition, the land includes common land . Among them, among others, include forests, meadows and more. An urban settlement may, in accordance with the law, receive additional territories free of charge.
Important point
In cities of federal significance, with the delimitation of territories, the right of municipal ownership does not arise. Special rules are established for them. Features of the legal regime are determined by the fact that cities of federal significance are considered independent entities of the Russian Federation. Accordingly, they are subject to regional rules. The right of municipal ownership in these entities arises in the process of transferring allotments to administrative units located within them, in accordance with local laws.
Additionally
Municipal ownership of land arises in relation to territories that are recognized as being assigned to the MO on the basis of not only federal but also regional legislation. As for the grounds for acquiring the corresponding legal opportunities, it is worth saying that they apply to ownerless objects, which the legal owners have refused.
Exercise of authority
On behalf of the municipality, the right of the owner is exercised by local authorities. In cases established by law, other persons may become authorized. For example, on behalf of the municipality, an institution may exercise the right to property. Territories that belong to municipalities can be transferred to organizations, citizens, local authorities, non-profit structures, unitary enterprises.
Private ownership
Not only state and municipal ownership of land is officially fixed and recognized in the legislation. As another category of entities that are able to exercise ownership, use, management of allotments, legal entities and citizens act. The norms establish the grounds on which private property arises. All legal entities and citizens have equal access to the acquisition of territories. In the legal regime of the plots owned by these entities, there are no differences in the content of the powers with which they are vested. Private ownership, disposal, use can be carried out by foreign organizations and citizens, as well as persons without citizenship.
Key conditions
To provide ownership of the land, it should not have any restrictions or burdens. In addition, the territory should not be withdrawn from circulation. Such lands, in accordance with Article 27 of the LC (v.2), cannot be objects of transactions provided for in civil standards. Individual ownership, disposal, and use also do not provide territories with limited circulation. An exception may be cases established by law. The categories of territories withdrawn and restricted in circulation are present in Article 27 of the LC (paragraphs 4 and 5).
To obtain an allotment in property, it must be transferred to the category in respect of which the general rules for obtaining rights apply. Some allotments may be at the disposal, use or possession of organizations or citizens in compliance with a specific legal regime. The right of ownership may be exercised by entities independently, as well as jointly with other persons.
Conclusion
Currently, domestic legislation clearly regulates the rights of land owners. The territories that are disposed of, owned, used by entities, belong to the category of real estate. Any transaction with them is subject to registration. As a document confirming ownership, a certificate acts. It is issued after entering the relevant information about the object in a single register.