Land use and land tenure are interrelated and practically inseparable concepts. But let's find out if the land user and the landowner are the same person or not. What are their basic rights, obligations and legislative advantages?
The essence of the right to land ownership and land use is the interconnected, inseparable competence of possession and use of land.
The concept
A landowner is a person who has the actual right to own a specific plot of land. Landowners are distinguished:
- according to legal provisions in the taxation system;
- according to the conditions of receipt and transfer of land to the property.
Land user - a person to whom in accordance with the established procedure a land plot has been provided for use. Here, on the one hand, a land plot is considered as a means of production, and on the other hand, as an object of appropriation of the created product.
Why are these two concepts so inseparable? Firstly, the land tenure is manifested in the right to own a specific land plot, that is, to enclose it, to establish certain prohibitions. Secondly, the right to own land already leads to the right to use it, which is established by the legislation of the Russian Federation and other documents.
Rights
The Land Code of the Russian Federation regulates certain rights that landowners and land users have. So, ch. 6 tbsp. 40, 41 and 43 provides for the following rights:
- Self-management on your land.
- Use for personal needs in the manner prescribed by law, minerals, fresh water, ponds located on the site.
- The construction of residential, industrial, cultural, domestic and other buildings in accordance with the purpose of the site, urban planning regulations and in compliance with all necessary safety measures and standards.
- Carrying out irrigation, drainage, cultural, technical and other works in accordance with the law; construction of ponds and other water bodies taking into account environmental, construction, sanitary requirements and norms.
- Planting and sowing crops, obtaining agricultural products and income from its sale. Exceptions are cases when land is leased, unlimited or gratuitous use.
- The exercise of property rights to the land, unless otherwise provided by law.
Responsibilities
The land user and the landowner are persons who have not only rights, but also obligations. The latter include:
- The exploitation of a land plot with its purposeful purpose and application of those methods that will not harm the environment, in particular the land itself as an object of nature.
- Preservation of boundary, geodetic and other special signs that are installed on the site in accordance with the law.
- Implementation of environmental measures, in particular compliance with fire safety.
- Timely start of land use, if this fact is provided for by the contract.
- Timely payment of land tax.
- Compliance with all urban planning regulations when using the land.
- Compliance and adherence to building, environmental, sanitary, hygienic, fire safety rules and regulations.
- Suppression of pollution, depletion, degradation, impoverishment of land and soil on a specific land plot.
- Fulfillment of other requirements stipulated by the RF Labor Code.
Land ownership
According to ch. 3 of the LC RF, land ownership is:
- Private Landowners in this case are citizens who have acquired plots of land in accordance with the laws of the country.
- State. Land users are individuals and legal entities, municipalities.
- Federal. Land rights belong to the Russian Federation.
- Municipal. Here, the landowner is a municipality.
- Subjective. We are talking about plots of land belonging to the constituent entities of the Russian Federation.