The process of land management in ancient times was regulated by law. Currently, little has changed. In the Russian Federation, 78-FZ "On Land Management" is in force, which enshrines all the basic norms relating to the study, planning and organization of land work. It is this normative act that will be considered in the article.
Key Terms
Article 1 78- "On land management" contains a number of important concepts that will be used in subsequent provisions of the normative act.
The first and most important concept is, of course, the land management process itself. What it is? The law speaks of a set of special measures whose purpose is to study the state of the soil, rational planning and organization of the use of land, their protection, characterization of the location of land management objects, as well as their borders, rational use of existing territories, etc.
Thus, land management is a very complex and ramified process necessary for the development or modernization of the territories of the constituent entities of the Russian Federation. By the way, the second concept given in article 1 is land management objects. 78- "On land management" states that such objects are the state regions themselves. This may include various municipalities, territories of settlements, specialized zones, etc.
For a quality implementation of the land management process, documentation of the appropriate type is required. According to the law, these are documents that were received and executed during land surveying.
Grounds for land management
Land management work cannot begin without special permission. Nevertheless, these are rather complex and extensive processes, and therefore there must be special reasons for their implementation. According to Article 4 of the 78-FZ "On Land Management", such grounds are:
- decisions of authorized courts;
- decisions of federal authorities, as well as regional authorities and local authorities;
- specially drawn up and certified land management contracts.
There is one very important principle in this area. This, according to article 3 of the normative act under review, is the principle of binding. In what cases should it be used? The law states the following situations:
- changing the boundaries of land management facilities;
- identification of lands that have certain violations (we are talking about salinization, water or wind type erosion, waterlogging and flooding, mudflow, drying out, pollution, etc.);
- implementation of a number of measures for the restoration, modernization or conservation of territories.
The remaining principles of work in this area are, as they say, classical. This is the principle of legality, justice, humanism, compliance with regulations, etc.
On the powers of the state
Article 5 of Law No. 78-FZ "On Land Management" enshrines the powers of federal Russian authorities with respect to the work under consideration. This should include the following powers of the federation:
- formation and adoption of a specific procedure for land management;
- holding them in territories owned by federal bodies;
- coordination of activities and regulation of the functions of executive bodies at the federal level;
- development and adoption of relevant regulations;
- the formation and adoption of a special procedure for the examination of land-level documentation;
- organization and conduct of federal supervision in this area;
- the formation and implementation of the land management general scheme of the territory of the Russian Federation;
- managing a specialized state land survey data fund;
- some other features.
Here it is worth recalling article 72 of the Constitution of the Russian Federation, paragraph "B", which refers to the regulation of land work by federal authorities in conjunction with regional ones. So, the powers of the Russian Federation in the considered area can also be performed by state territorial entities.
On the study of the state of the land
What is included in the land management process? This is worth telling a little more. Federal Law No. 78-FZ "On Land Management", namely article 9, establishes standards regarding the study of land.
The purpose of their study is to obtain specific information about their qualitative and quantitative state. Work to address this issue is as follows:
- land quality assessment;
- land inventory;
- examination of soil, geobotanical or any other type.
Specialists are mainly engaged in cartographic and geodetic professional activities. These works are the basis for all other functions. Surveys in the form of soil surveys are necessary to study the state of the land area. In the course of such surveys, you can understand whether there are violations in the territory or not.
Land valuation and inventory
According to N 78- "On land management", land valuation is the most important stage during land management. During the assessment, information on the properties of plots as means of production in agriculture can be obtained.
In the Russian Federation there are special territories where the assessment is carried out to achieve very specific goals. For example, in the Far East, soil is tested to support deer pasture productivity. Special biological resources, which are so necessary for the traditional way of life of peoples of a small type, should not be violated.
Another important process is inventory. It is carried out to identify lands that are irrationally used or not used at all. The purpose of the inventory is to prioritize the use of each territory.
About land use planning and location description
In order to improve the work on the allocation of land in strict accordance with economic prospects, Article 14 No. 78-FZ "On Land Management" dated 06/18/2001 establishes rules regarding the organization and planning of land use in a rational manner. To do this, the following types of work must be carried out in a timely manner:
- zoning of lands at the natural-agricultural level;
- formation of a proposal on the use of territories, their protection, etc.
It is worth noting that all work must be carried out in strict accordance with the documentation of the town - planning type.
The next level in land management will be the description of the location of the boundaries of the objects. The order of location is determined by the Government.
About on-farm land management
Article 18 N 78- "On Land Management" dated 06/18/2001 states the procedure for land management at the on-farm level. The rational use of territories and their protection are especially necessary in the east of the country.
According to the law, the following activities are included in the on-farm land management process:
- the formation and implementation of measures for the modernization of agricultural lands, the development of new lands, conservation or restoration of territories, etc.
- work on the organization of rational use of land for high-quality agricultural activities.
The implementation of all the above actions would be impossible without working with special documentation. It is about the documents that will be described later.
About documentation
Chapter 4 of the 78- "On land management" as amended on 07/13/2015 gives the main types of documentation. So, here it is worth highlighting:
- general schemes of a federal nature, as well as regional schemes related to land management;
- object maps;
- domestic projects;
- agricultural land improvement projects;
- special maps and atlases.
The map, in accordance with article 20, is a document that reflects land management objects in graphical and written forms. The location of the objects, their shape, size and borders are indicated.
About liability and changes in the law
Article 25 speaks of the onset of civil or criminal liability for violation of the rules prescribed in the law in question. Article 26 enshrines the rules on the possibility of resolving disputes regarding land management. It is also worth referring to article 64 of the Land Code of the Russian Federation, which states that all land disputes can be considered only in judicial instances. The parties to the dispute have the opportunity to appeal to the arbitration court (non-state court).
And what changes were made to the regulatory act in 2015? These changes, it must be said, are completely insignificant: the legislators slightly corrected the definition of the term "land management objects".