Agricultural land of the Russian Federation is located outside the settlements. They are provided for agricultural activities and the performance of work related to it. Let us further consider the legal regime of agricultural land .
General information
Types of agricultural land form a separate category of resources. These include the best territories considered the property of the country. In agricultural activities, they act not only as a spatial-operational basis, but also as the main production factor. In this regard, a special legal regime is established for agricultural land. Federal Law No. 101 defines the functions of state bodies in ensuring control over the state of these territories, the responsibilities of persons engaged in agricultural activities, and incentive measures to improve soil quality.
Agricultural Land: Permitted Use
The main regulatory act in the exploitation of the resources in question is the LC. The Code contains the concept of a “land category”. It includes:
- Land settlements.
- The territory of the stock.
- Land for agricultural use.
- Water and forest resources.
- Recreational land.
- Industrial territories.
The Code also defines the type of permitted use of agricultural land. This category is assigned to the site in accordance with the objectives of its receipt. Today, plots are acquired, as a rule, for the construction of settlements. The following types of use of agricultural land are established in the LC:
- For conducting agricultural production activities.
- To create a peasant-farm or personal subsidiary household.
- For gardening or gardening with the ability to build a private residential building.
- For suburban construction.
At the same time, depending on the purpose of obtaining allotments, one or another legal regime of agricultural lands is applicable. For example, in summer cottage construction in an erected residential building, you can register. If the goal is gardening or horticulture, then you cannot register with the structure.
Important point
Many citizens do not know that in order to create a suburban village there is no need to transfer the site from one category to another. In this case, it is enough to establish another type of permitted use of agricultural land. As a result, the village will be built with the possibility of subsequently registering their residence. It should be said that changing the type of permitted use of agricultural land is a rather laborious process. It is associated with the need to collect a lot of documents, to coordinate with different authorities. Nevertheless, this procedure will cost less and take less time than transferring to another category.
Specificity
In the process of changing the type of permissible use of the plot from "for agricultural production" to "for summer construction", there is a significant limitation, which some owners of plots do not take into account. According to applicable laws and regulations, territories may be provided for gardening, summer cottage construction, gardening exclusively to citizens or their non-profit associations. The latter, in particular, include consumer cooperatives, partnerships, non-profit partnerships. Land plots whose permitted use is “summer house construction”, “gardening / horticulture” cannot be allocated to legal entities if they carry out entrepreneurial activities on a paid basis. Such commercial structures, in particular, include joint stock companies, LLCs and other companies. The exploitation of agricultural land or plots included in it, provided for the duration of the construction of power lines, roadbed, communication lines (including cable and cable facilities, including gas, oil and other pipelines, should be carried out if there is a project for Reclamation of such allotments for agricultural needs without transferring them to another category provided for in regulatory documents. The specified documentation must be approved by authorized specialized structures.
Normative base
The types listed above are included in the Classification of the types of permitted use of agricultural land. This document is necessary for information support of the work of the Resource and Territorial Organizations Committees, the Cadastral and Registration Chambers in the regions of the country, concerning the accounting of allotments and registration of transactions with them.
Subjects
The legal regime of agricultural land provides for the determination of persons to whom this or that territory can be transferred. These entities include:
- Farm (peasant) households.
- Citizens who created an individual type of subsidiary farming, gardening, gardening, animal husbandry.
- Cossack societies.
- Business associations and partnerships, production cooperatives, unitary enterprises (municipal and state), other commercial organizations.
- Non-profit societies, including religious, as well as consumer unions.
- Educational, experimental and educational-production, educational and experimental units at scientific and educational organizations that train specialists in the field of agricultural activity, educational institutions.
Communities of small indigenous peoples of the Far East, the North, and Siberia also have rights to agricultural lands for the preservation and development of traditional fishing and lifestyle.
Features of agricultural land
They are recorded in Art. 79 ZK. Pastures, deposits, hayfields, arable lands, territories occupied by vineyards, orchards and other perennial plantings are part of agricultural land. These areas are subject to special protection, as they have priority in agricultural activities. There are also particularly valuable territories. These include, among other things, the territories of experimental and production units at scientific organizations, educational and experimental departments of educational institutions and other sites. If their cadastral value is higher than the average for the urban district / municipal district, they can be included in agricultural land, the use of which for other purposes is prohibited.
Provision of sites
This procedure is regulated by the Federal Law "On the Turnover of Agricultural Land". This and other normative acts formulate a specific procedure for the provision of plots. So, Art. 81 of the LC regulate the procedure for the transfer of territories for farming (peasant) or subsidiary households of an individual nature. This article also applies if the type of permitted use of agricultural land is defined as “summer cottage construction” or “gardening”. Among the regulatory acts regulating the procedure, it should be noted:
- ZK.
- Federal Law "On the farm (peasant) household".
- Federal Law "On gardening, horticultural, country non-profit civic associations."
- Laws of the country's subjects issued in the field of land use, and other regulations.
Federal Law No. 101
The Federal Law "On the Turnover of Agricultural Land" regulates relations that relate to the disposal, ownership, use of land. The provisions of the act formulate limitations and assumptions that may apply to transactions with these facilities. In addition, the procedure for the ownership, disposal and use of shares of allotments is established. The normative act applies regardless of what type of permitted use of agricultural land is determined.
Redistribution fund
It is formed according to Art. 80 ZK. The purpose of this fund are:
- Redistribution of land for agricultural production activities.
- Formation and expansion of ancillary household owned by a citizen.
- Farming (peasant) farms working on land, expanding activities.
- Gardening, horticulture, animal husbandry, grazing, haying.
Legal Opportunities
Agricultural land owned by the state or municipality is transferred to citizens only in an approved manner. This provision is established by Art. 10 Federal Law No. 101. So, an entity to whom a land plot is leased and which implements its proper operation can acquire it in ownership. He may also enter into a new lease. The transfer of agricultural areas owned by the municipal / state property is allowed:
- Religious associations.
- Research institutions.
- Cossack associations.
- Communities of small indigenous peoples of the Far East, Siberia and the North for agricultural production, development and preservation of traditional forms of management, trades and lifestyles.
- Citizens for grazing, haying.
- Educational institutions of agricultural profile.
In these cases, plots are allowed to be leased exclusively. The redemption of such allotments in the property is not allowed.
Assumptions
The law provides for the transfer of land owned by the municipality and provided as shares to the farm (peasant) farm or agricultural organization operating it, for rent or property without tendering. To do this, these entities must apply to the appropriate local authority with a statement on the conclusion of a lease agreement or contract of sale. This must be done within six months from the date of registration of the ownership of the municipality in this area. The price of such an allotment is determined in the amount not exceeding 15%, rent - not more than 0.3% of its cadastral value.
Land withdrawal
Confiscation of land from the owner, termination of the right to perpetual (permanent) use, inherited (lifelong) ownership, urgent gratuitous use, and also lease shall be carried out in accordance with the Civil Code, LC and Federal Law No. 101. Compulsory seizure of an allotment may be made in a judicial proceeding if:
- The site is operated in violation of the requirements for the rational use of land defined by law, which entailed a significant decrease in the quality of cultivated soil or environmental degradation.
- For three or more years in a row, since the beginning of ownership of the allotment, agricultural activity or other work related to it has not been carried out.
In the second case, the calculation of the period does not take into account the period during which the site could not be used due to natural disasters or for other circumstances that make exploitation impossible, as well as the time required to develop the territory (no more than 2 years). Forced seizure of the site for the above reasons is allowed if the established facts were not eliminated after the appointment of appropriate administrative sanctions.
Regulation of agricultural activities
The fertility of agricultural land is the ability of the soil to meet the needs of cultivated plants in the air, nutrients, heat, water, physico-chemical and biological environment, to ensure their productivity. In order to maintain proper soil quality, appropriate land reclamation measures are carried out. Their implementation is regulated at the legislative level. The objectives of the normative regulation of measures are to ensure the reproduction of soil quality during the implementation of subjects in agricultural areas.
Tasks
The adopted Federal Law governing the reproduction of agricultural land fertility provides:
- Preservation and improvement of soil quality.
- Formation of favorable conditions for the fullest possible use of natural and economic potential and the work of the agro-industrial complex.
- Improving the productivity of territories and their environmental status.
- The receipt of quality food to the population.
- Improving social and economic conditions in rural areas.
This normative act provides, therefore, the regulation of relations that arise between users, owners and others, including municipal / state structures, in the field of ensuring the quality of soil in exploited and cultivated territories. The provisions of the document establish the procedure, duties, rights, responsibilities, powers of the subjects, nature of measures, assumptions and restrictions on land reclamation. The law regulates those relations and activities that are not regulated by the LC and other regulatory acts of the country in the field of environmental management.
Activities of subjects
Users, owners, owners, tenants of sites can:
- To carry out agrotechnical, reclamation, agrochemical, anti-erosion, phytosanitary measures aimed at the reproduction of the productivity of the territory.
- To receive legislative information from the authorized structures of the executive branch about the quality of the soil layer in their plots, as well as information about its dynamics.
- Contact the state authorities, local authorities of the Moscow Region and other organizations with statements, complaints, suggestions regarding issues of ensuring soil fertility, receive reasonable and timely answers.
- Exercise other rights if their exercise does not contradict the regulatory state and regional documents.
Obligations of persons
Owners, tenants, users, landowners with the status of producers engaged in agricultural activities must:
- To produce products in the ways by which the preservation and reproduction of the productivity of the territory is ensured. The methods used should limit or completely eliminate the adverse effect of their production activities on the environment. This requirement, among other things, applies to the release of goods on the basis of scientifically based alternation of cultivars in crop rotation.
- To carry out the development of a soil cultivation system in fixed areas. It should have an economic and scientific justification and ensure the release of agricultural products while maintaining soil productivity in the exploited territories.
- Develop technological maps based on the established system of agriculture.
- Fill cord books with crop rotation information.
- To carry out reclamation, agrochemical, phytosanitary, agrotechnical, anti-erosion measures, according to the technological maps. In this case, the rules, regulations, standards, standards established by the relevant structures must be observed.
- Provide legislatively authorized executive services with information on the state of soil quality in operating agricultural areas.
- Provide assistance in the implementation of control and verification measures in the field of environmental protection.
- To inform specialized authorized executive structures about the facts of soil degradation on agricultural lands, soil contamination in areas that are in use or possession, and also border on the exploited territories.
- Perform other duties provided for in regulatory enactments.
Conclusion
Agricultural lands are especially valuable natural resources of the state. Currently, the issue of the rational exploitation of territories allotted for agricultural production and other activities associated with it has become particularly urgent. , , , . , . . . .