Type of permitted use of agricultural land. Federal Law on the circulation of agricultural land

The agricultural land of the Russian Federation is located outside the populated areas. They are provided for the implementation of agricultural activities and 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. They include the best territories considered to be the property of the country. In agriculture they act not only as a spatial operational basis, but also as the main production factor. In this regard, a special legal regime for agricultural land is established. FZ No. 101 defines the functions of state bodies to ensure control over the condition of these territories, the duties of persons engaged in agricultural activities, and incentives to improve soil quality.

Agricultural land: permitted use

The main regulatory act in the field of operation of the resources under consideration is the ZK. In the Code there is the concept of "land category". It includes:

• Land of settlements.
• Territory of the reserve.
• Lands for agricultural purposes.
• Water and forest fund.
• Recreational lands.
• Industrial areas.

The Code also defines the type of permitted use of agricultural land. This category is assigned to the site in accordance with the purposes of its receipt. Today the plots are purchased, as a rule, for the construction of settlements. The following types of agricultural land use are established in the Land Code:

• For the conduct of productive agricultural activities.
• To create a peasant-farmer or personal subsidiary farm.
• For gardening or gardening with the possibility to build a private dwelling house.
• For dacha construction.

At the same time, depending on the purpose of obtaining allotments, one or another legal regime of agricultural land is in force. For example, in suburban construction in an erected residential building you can register. If the goal is the maintenance of gardening or gardening, then you can not register in the structure.

An Important Moment

Many citizens do not know that for the creation of a country village there is no need to transfer a site from one category to another. In this case, it is sufficient to establish another type of permitted use of agricultural land. As a result, the settlement 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 laborious process. It is associated with the need to collect a lot of documents, to coordinate with different instances. Nevertheless, this procedure will be cheaper and take less time than transferring to another category.

Specificity

In the process of changing the type of permissible use of the site from "for agricultural production" to "for summer construction," there is a significant restriction that some land owners do not take into account. According to the current normative acts, the territories can be provided for the conduct of truck farming, dacha construction, gardening exclusively to citizens or their associations of a non-commercial nature. The latter, in particular, include consumer cooperatives, partnerships, non-profit partnerships. Land plots, the type of permitted use of which is "country construction", "gardening / horticulture", can not be allocated to legal entities if they carry out entrepreneurial activities of a compensable nature. Such commercial structures, in particular, include joint-stock companies, LLCs and other companies. The exploitation of agricultural lands or their constituent parts, provided for the duration of the construction of power lines, roads, communication lines (line-cable facilities including), gas, oil and other pipelines, should be carried out in the presence of a project for Remediation of such allotments for agricultural needs without transferring them to another category envisaged in the regulatory documents. The specified documentation should be approved by the authorized profile structures.

Normative base

The types listed above are included in the Classifier of the types of permitted use of agricultural land. This document is necessary for informational support of the work of the Committees on Resources and Territorial Arrangement, the Cadastral and Registration Chambers in the regions of the country, concerning the registration of allotments and registration of transactions with them.

Subjects

The legal regime of agricultural land provides for the identification of persons to whom a given territory can be transferred. Such subjects include:

• Farm (peasant) households.
• Citizens who created a subsidiary farm of an individual type, gardening, truck farming, livestock.
• Cossack societies.
• Economic associations and partnerships, production cooperatives, unitary enterprises (municipal and state), other commercial organizations.
• Non-profit societies, including religious ones, as well as consumer unions.
• Educational, experimental and training and production, training and experimental units with scientific and educational organizations that train specialists in the field of agricultural activities, general education institutions.

The rights to agricultural land are also held by the communities of small indigenous peoples of the Far East, the North, and Siberia for the preservation and development of traditional fishing and lifestyle.

Features of agricultural land

They are fixed in art. 79 ZK. Pastures, deposits, hayfields, arable land, territories occupied by vineyards, gardens and other perennial plantations, are part of agricultural land. These sites are subject to special protection, since they have priority in agricultural activities. There are also especially valuable territories. These include, among other things, the territories of experimental and production units with scientific organizations, training and experimental departments of educational institutions and other grounds. If their cadastral value is higher than the average for the urban district / metropolitan area, they may be included in agricultural land whose exploitation is prohibited for other purposes.

Provision of land plots

This procedure is regulated by the Federal Law "On the circulation of agricultural land". In this and other normative acts a certain procedure for the allocation of plots is formulated. Thus, Art. 81 ZK regulates the procedure for transferring territories for farming (farm) or subsidiary farming of an individual character. This article also applies if the type of permitted use of agricultural land is defined as "country construction" or "horticulture / horticulture". Among the normative acts regulating the procedure, it should be noted:

• ZK.
• FZ "On Farm (peasant) household".
• FZ "On trucking, horticultural, summer cottage non-profit civil associations".
• The laws of the subjects of the country issued in the sphere of land use, and other normative acts.

FZ No. 101

The Federal Law "On the circulation of agricultural land" regulates relations that relate to the disposal, ownership, use of plots. The provisions of the act formulate limitations and assumptions that can be applied to transactions with these objects. In addition, the procedure for the ownership, disposal and use of shares of allotments is established. The effect of the normative act extends regardless of the type of permitted use of agricultural land.

Redistribution Fund

It is formed according to Art. 80 ZK. The purpose of this fund is:

• Redistribution of land for the implementation of agricultural production activities.
• Formation and expansion of ancillary farm owned by a citizen.
• Implementation of farming (peasant) farms on the ground, expansion of activities.
• Driving gardening, gardening, livestock, grazing, haymaking.

Legal Possibilities

Lands of agricultural purpose in the ownership of the state or the municipality are transferred to citizens only in an approved manner. This provision is set art. 10 of Federal Law №101. So, the subject, to whom the land is leased and who carries out its proper operation, can acquire it in ownership. He can also enter into a new lease. The transfer of agricultural land in municipal / state ownership is allowed:

• To 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, crafts and way of life.
• Citizens for grazing, haymaking.
• Educational institutions of agricultural profile.

In these cases, the plots may only be leased out. The redemption of such allotments in ownership is not allowed.

Assumptions

The law provides for the transfer of a site owned by the municipality and granted to the farm (farm) or agricultural organization operating it, for rent or ownership without bidding. To do this, the said entities must apply to the appropriate local authority for a lease agreement or a sales contract. This must be done within six months from the date of registration of the right of ownership of the municipality to this site. The price of such an allotment is determined in the amount not exceeding 15%, the rent is not more than 0.3% of its cadastral value.

Seizure of plots

Confiscation of land from the owner, termination of the right of perpetual (permanent) use, inherited (lifelong) possession, urgent gratuitous use, as well as leasing is carried out in accordance with GK, ZK and FZ No. 101. Forced withdrawal of an allotment may be carried out in a judicial procedure if:

1. The operation of the site is carried out in violation of the legal requirements for rational use of land, determined by the legislation, which resulted in a significant decrease in the quality of the cultivated soil or the deterioration of the ecological state of the environment.
2. For three or more years running in a row, since the beginning of ownership of the allotment, it does not carry out agricultural activities or other work connected with it.

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 a natural disaster or for other reasons making the operation impossible, as well as the time needed to develop the territory (no more than 2 years). Forced withdrawal of the site on the grounds indicated above is allowed in the event that the established facts were not eliminated after the appointment of the relevant administrative sanctions.

Regulation of agrotechnical measures

The fertility of agricultural lands is the ability of the soil to meet the needs of crop plants in air, nutrients, warmth, water, physicochemical and biological environments, and ensure their yield. To maintain the proper quality of the soil, appropriate reclamation measures are carried out. Their implementation is regulated at the legislative level. The objectives of the regulatory regulation of measures is to ensure the reproduction of soil quality when exercised by subjects on agricultural activities.

Tasks

The adopted Federal Law regulating the reproduction of fertility of agricultural lands provides:

• Preservation and improvement of soil quality.
• Formation of favorable conditions for the fullest use of the natural and economic potential and work of the agro-industrial complex.
• Improving the productivity of territories and their ecological status.
• Supply of quality food to the population.
• Improvement of social and economic conditions in rural areas.

This normative act provides, thus, regulation of relations that arise between users, owners and others, including municipal / state structures, in the field of ensuring the quality of soil in the exploited and cultivated areas. The provisions of the document establish the procedure, duties, rights, responsibilities, powers of the subjects, the nature of activities, assumptions and limitations of land reclamation work on the ground. 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 nature management.

Activity of subjects

Users, owners, owners, tenants of plots can:

• Implement agrotechnical, meliorative, agrochemical, erosion, phytosanitary measures aimed at reproduction of the productivity of the territory.
• Obtain legislative information from authorized executive bodies on the quality of the soil layer in their plots, as well as information on its dynamics.
• To apply to state bodies, local authorities of the Ministry of Defense and other organizations with statements, complaints, proposals concerning the issues of ensuring soil fertility, to receive reasoned and timely responses.
• To realize other rights, if their implementation does not contradict the normative state and regional documents.

Obligations of individuals

Owners, tenants, users, owners of plots, having the status of producers, engaged in agricultural activities, should:

1. To produce products in ways that ensure the preservation and reproduction of the productivity of the territory. The methods used should limit or completely exclude the adverse effect of their production activities on the environment. This requirement, among other things, extends to the production of goods on the basis of scientifically-based alternation of cultivars in crop rotation.
2. To develop a system for cultivating the soil in fixed areas. It should have an economic and scientific justification and ensure the production of agricultural products while maintaining soil productivity in the exploited territories.
3. Develop technological maps based on the formed system of agriculture.
4. Fill in the cord books with information about crop rotation fields.
5. Perform meliorative, agrochemical, phytosanitary, agrotechnical, anti-erosion measures, according to technological maps. At the same time, the rules, regulations, standards, standards established by the profile structures should be observed.
6. Provide in legislation to the authorized executive services information on the state of soil quality in the exploited areas of agricultural purposes.
7. Provide assistance in the implementation of control and verification activities in the field of environmental protection.
8. Inform the authorized executive structures on the facts of soil degradation on agricultural land, soil contamination on sites that are in use or possession, and also border with the exploited territories.
9. Perform other duties provided for in regulatory enactments.

Conclusion

Agricultural land is a particularly valuable natural resource of the state. At present, the issue of rational exploitation of the territories allocated for agricultural production and other activities associated with it has acquired particular urgency. It should be borne in mind that land, like other natural resources, is present in a limited number. Together with this, it acts as the main source of food for the population. To maintain and ensure the restoration of soil productivity, appropriate measures must be taken. However, it is necessary to fulfill them rationally and competently. An important role for the conservation of land resources and their proper use is control over the turnover of sites.