Art. 7 of the RF LC. Composition of land in the Russian Federation. Agricultural land. Forest fund lands. Land of settlements

Legislation establishes the composition of land in the Russian Federation. The country's resources include seven groups. Each of them has its own purpose.

Art. 7 LC RF

In the first paragraph of this standard, groups are designated for the intended purpose. These include:

1. Forest fund lands.
2. Areas for residential development.
3. Agricultural land. These areas, as a rule, are located outside populated areas.
4. Sites used by enterprises of industry, communications, transport, television and radio broadcasting, informatics, energy, space activities, defense, security and other special purposes.
5. Lands of specially protected natural territories and objects.
6. Stock.
7. Sites of the water fund.

Legal regime

It is determined in accordance with the belonging of the areas to one or another category. The composition of land is established within the zoning framework. Its general principles and rules for implementation are determined by federal legislation. Within the zoning limits, the permitted use of plots is also established. Any kind of it can be chosen independently, without any additional approval procedures. The permitted use is determined by the classifier. This normative act is approved by the authorized executive body.

An Important Moment

Separately, the legislation stipulates the composition of lands in places of permanent residence and maintenance of traditional types of economic activities of small peoples and ethnic communities. In the cases established by regulatory enactments, they may be provided with a special legal regime. Appropriate decisions are made by regional and territorial authorized bodies. This takes into account the specifics of the terrain.

Explanations

The division into groups by purpose is considered to be traditional for the domestic legislation. The composition of land was established by previous codes. The changes concern only the names of each of them. An example can be the category of land "land of settlements". Permitted use remained the same, but the name of the group changed twice. At first it was as it is now. In the new code introduced, the category of "settlement land" began to be used. However, five years later it was decided to abandon this name.

Special purpose

The composition of land on this basis is determined in different norms of the code. For example, according to Article 87, industrial areas are intended for the operation of industrial, processing and other enterprises. The legislation provides for a special regime for certain areas. For example, the forest fund lands are under enhanced protection. A special regime is envisaged for water supply sources, historical and cultural monuments.

Specificity of zoning

The division of territories is governed by the Town Planning Code. Zoning is aimed at identifying zones in which the relevant regulations will operate. In the 37th article of the GRK categories of permissible use of land are established. The general classification includes three groups. They are: basic types, conditionally permitted and auxiliary. The latter are allowed only as additional.

Nuances

Auxiliary and main types of permissible use of land and capital construction objects by rightholders can be chosen independently. At the same time, the law does not require the receipt of additional documents and the implementation of approval. However, this rule does not apply to all rights holders. The exception is state bodies, regional and local government structures, municipal and state enterprises, unitary including. Regarding the conditionally permitted species, it is required to obtain a document in accordance with the rules of Article 39 of the GRK. Legislation allows a change of one type to another. In this case, the requirements of those regulations should be observed. If technical regulations do not apply on any land, then the change in the type of use is carried out in accordance with the procedure provided for by federal legislation.

Small nations

On the territory of the country there are areas in which the indigenous population lives. In particular, we are talking about the Far East, Siberia and the Far North. Historically, the economic activity of people has developed on these territories. As a rule, these are traditional crafts (fishing, hunting, etc.). To ensure the use of natural resources, the respective territories are given the status of specially protected ones. The legislation may provide for special legal regimes for other sites in the areas of residence and activities of ethnic communities and indigenous peoples. In particular, such provisions are present in Article 10 of Federal Law No. 101. According to the norm, the land of agricultural significance, located in municipal or state ownership, can be transferred to communities for the preservation and development of their traditional way of life. At the same time, the law stipulates that the purchase of leased premises is not allowed. In clause 6 of this article, it is also stipulated that plots of agricultural land on which deer and pasture pastures are located in the Far North, located in municipal or state ownership, can be transferred to organizations and citizens for at least 5 years. Regional authorities, taking into account the specifics of the terrain, establish additional rules for the protection of such areas.

Regulatory Objectives

The general requirement for the use of land in accordance with its intended purpose is supported by articles 46, 45, 40, 42 and others. It is realized by setting restrictions on changing one type to another. The principle of territorial division is complemented by a differentiated approach to the introduction of the legal regime. According to the latter, economic, natural, social and other factors must be taken into account. The legal regime is a special order of regulatory regulation of the actions of the participants in the relationship. It is expressed in a combination of different legal means, focused on:

1. Ensuring the rational exploitation of resources and their protection in the public interest. At the same time, the provision on land as the most important element of nature is taken as the basis.
2. Creation of conditions for obtaining, implementing and protecting the rights of organizations, citizens, public entities.

additional information

It is worth noting that for the first time the concept of "permitted use" was mentioned in the annex to the letter of Roskosem No. 1-16 / 2096. Some types are present in the reference books and classifiers included in the collections of the automated system of the state program approved by the order of Rosnedvizhimost in 2006. In addition, the categories are mentioned in the guidelines on state land valuation put into effect by the decree of the Ministry of Economic Development in 2007. According to general norms, Are determined in respect of those areas that have been zoned. This procedure, in turn, for certain lands is mandatory (for example, for settlements). As an analysis of the provisions of the town-planning legislation shows, one or another species may have sites that are assigned to different zones. At the same time, their inclusion in a particular group does not depend on the category, if they are within the boundaries of urban districts or other areas where construction is expected. This conclusion is also confirmed by other provisions regulating the relevant relations. Examples are articles 40-42 of the LC.

Regulatory requirements for rights holders

According to the legislation, the subjects are entitled to exploit the land only according to the permitted use. Persons can carry out drainage, irrigation and other reclamation measures in accordance with the established procedure. The type of permissible use provides for the definition of a clear purpose for the operation of the site. At the same time, possible limitations must be taken into account, including those related to the fixing of specific types of activities that the right holder can conduct. When choosing one or another type of acceptable use, it is necessary to take into account that in general cases it is not necessary to obtain appropriate permits or approval from authorized control structures. However, local, federal, state bodies, unitary enterprises, institutions are not subject to this rule. These subjects need to go through all the steps and follow all the procedures prescribed by law.