Land management requires strict systematization of the resource. In addition to plots related to private property, vast territories are under state authority. At the same time, a land classification system with different characteristics and affiliation with one or another entity operates. Actually, land is assigned to federal territories, municipal entities and other state structures according to the separation principles that are prescribed in the relevant legislative acts. At the same time, the delimitation of state property cannot but rely on constitutional norms, which are decisive for the implementation of such legal procedures.
What is the difference between state lands?
The main feature of land plots of this type is the status of consolidation in the federal fund of the Russian Federation. It can be said that this is the basic status of the territories of Russia that are legally registered as part of its property.
Then there is a division into categories of land not related to private property. It is important to emphasize that the plots that are part of the ownership fund of private owners or organizations cannot belong to lands that have the status of state property. Another thing is that the differentiation of state ownership of land is made just for further distribution between owners of different levels. Together with the federal primary ownership of land, other forms of ownership are also distinguished for which a distinction can be made, but first, the principle of this action should be considered.
Types of state land ownership
The basic variety of state land is the federal ownership fund. State legal registration so defines the areas that were recognized by the laws of the Russian Federation. Along with this, there are also lands of the subjects of Russia and municipalities. Usually it is federal plots and possessions that are under the control of municipalities that are allocated.
The unifying factor in the definition of both categories is that, in fact, both varieties of land belong to the state. Another thing is that the direct treatment of these funds is carried out by different structures. Obviously, the delimitation of state ownership of land in the Russian Federation occurs on different grounds, which precisely determine the right to directly own plots of a municipal authority or other entity. At the same time, it is not always such a sign of separation that acts precisely the right in some way of the original affiliation. The law provides for the preparation of government acts, which may also serve as the basis for the separation of federal lands.
Property of constituent entities of the Russian Federation
As in the case of federal lands, the plots that are the property of individual entities are not related to private ownership. For example, it can be territories in which there are objects related to real estate owned by the subjects of the country. In itself, this division of state property in the Russian Federation is under the control of the authorities. At the same time, this does not exclude the possibility of attributing federal lands to the ownership of certain subjects of territories that are part of the funds of protected zones. For example, these are territories of special regional significance, and such a status will not prevent them from being assigned to the ownership of a subject of the Russian Federation.
Special regional lands, in particular, include areas of nature protection zones, territories with water resources, etc. Moreover, even if a privatized object is located on the site, this is not an obstacle to distribution. But in such cases two conditions must be met. Firstly, the site itself should not be privatized. Secondly, before the privatization of property located on the site, it should have been in the ownership of the subject.
The emergence of property rights
As already mentioned, there must be grounds for delimiting land, but initially the right to own a territory arises - at least it should be in the ownership of the Russian Federation. This right arises from two aspects. First of all, it is determined by state registration of property in accordance with the legislation of the Russian Federation. This applies to both federal and municipal funds.
The second aspect is a court decision or a government act - usually this regulation of tenure extends to the procedures for introducing new lands into the Russian Federation. The subsequent differentiation of state and municipal property with the formation of plots and the allocation of new statuses is made on various grounds, which should be considered in a separate order.
Grounds for the emergence of property rights to land of the Russian Federation
The basic law allowing land to be entered into registers from which distribution is subsequently made arises on the basis of their registration in different funds. For example, one of the largest is the forestry fund, as well as a huge layer of agricultural land. In practice, this also includes lands of settlements, territories endowed with a special status or significance, etc. Moreover, the basis is not always associated with the status of the land. Although in most cases, many factors are evaluated. If the delineation of state ownership is within the authority of the subject, then most often the nuances of practical application are taken into account.
More broadly, federal lands are allocated taking into account the strategic interests of the state or a specific region. This especially applies to territories with developed infrastructure, industrial facilities or energy complexes. There are also separate grounds for delineating state ownership of reserve land. In such cases, the right to ownership is determined by the presence of real estate on the site, which is located in the federal fund of the state.
Grounds for ownership of land of constituent entities of the Russian Federation
In this case, the basis is the same legal factors as in the registration of federal property. But there are some additions. For example, in certain constituent entities of the Russian Federation and large cities at the federal level, the purpose of maintaining a single economic unit may become the basis of this kind. In other words, the differentiation of state property of the Russian Federation can be made taking into account specific regional characteristics of the area and the specifics of doing business. Taking this factor into account is also often supported by economic considerations.
Grounds for ownership of land in the municipality
Municipal entities receive property rights in the distribution of land on the basis of registration or as a result of privatization. Thus, territories with agricultural lands, and plots with industrial facilities, as well as lands included in registers with water resources, recreation zones, etc. can also be transferred to the jurisdiction of municipal authorities.
It is worth emphasizing that the delineation of state ownership of individual plots with their subsequent transfer to municipalities also provides for logistic feasibility. That is, in the interests of optimal housekeeping, these or other plots can be combined, or vice versa, divided into neighboring entities.
The main criterion for the land to belong to the subject
At different times, the principle determining the ownership of land was the principle of ownership of objects located on a particular site. However, the ambiguity of approaches to the definition of this principle in each particular case gave grounds for its abolition. Therefore, at the moment, as the key criteria by which the right of ownership is determined, is the territorial location of the site and its current use. So, if the delineation of state property is at the municipality level, then, for example, an agricultural plot can become the property of the nearest village or settlement, the enterprise of which directly operates this land.
The procedure for delimiting territories
The issues of land division are dealt with by executive structures regulating property relations. The document, which is already a practical basis for redistribution, will be a list of lands assigned to certain municipalities or constituent entities of the Russian Federation.
In the end, a register is prepared indicating the areas that affected the delimitation of state property. The entity in which such changes occurred, accordingly adjusts the data on the local land fund in the state cadastre.
Settlement of land disputes
Allowed the possibility of disputes between subjects and municipalities of the Russian Federation during the delimitation of federal lands. They are allowed in the process of conciliation, but there are also cases of failure to reach a peace treaty. In such situations, the delineation of state ownership is confirmed in court.
General principles of differentiation
The practice of delimiting state lands shows that, for all legal aspects of the implementation of such acts, executive bodies at different levels are guided by two basic principles. First of all, this is the legal framework on which the very affiliation of land resources to the federal fund is based, which is legally supported by the registration of property rights.
And the second principle, according to which the distinction is made between state and municipal ownership of land, is based on economic, organizational and cultural feasibility. Depending on the characteristics of a particular territory, the pre-emptive right of its ownership of one or another subject is determined. Of course, unequivocal decisions are not always made. For example, economic factors that determine a particular decision may contradict the geographical or cultural aspects of expediency.
Conclusion
Today, the process of delimiting state lands is defined as the initial way of establishing property. Moreover, the federal fund, and the subjects of the Russian Federation, and municipal self-government bodies can act as the owner. And in all three cases, the land will not be privately owned.
Also, the delineation of state property can be considered as a tool for legal differentiation of property. Before the act of redistribution of territories, they are in an unbounded state. After you can talk about filling them with a more complete meaning. This is evidenced by the establishment of ownership, and the type of land, and the method of its operation.