scholarly journals Implementation of the “dacha” law on agricultural lands and lands of populated areas

2019 ◽  
Vol 110 ◽  
pp. 02118
Author(s):  
Natalya Cherezova ◽  
Irina Guzeva ◽  
Alevtina Shirokova
Keyword(s):  
Real Estate ◽  
Russian Federation ◽  
Residential Buildings ◽  
Residential Area ◽  
Federal Law ◽  
Agricultural Lands ◽  
The Status ◽  
The Russian Federation ◽  
Area Development

Since January 1, 2019, Federal Law No.217 dated July 29, 2018 “On the introduction by citizens of gardening and gardening for their own needs and on amending certain legislative acts of the Russian Federation” (hereinafter referred to as Law No.217). Changes that occurred with gardening and dacha plots in connection with the adoption of the new federal law caused a number of problems with its implementation. This law has caused a big resonance among citizens, and among management structures, and among the community of cadastral engineers. Land plots that are located in the dacha and garden associations now fall into the development areas of individual and low-rise residential buildings, blocked residential area development. And houses on these sites can acquire the status of individual houses. In this regard, there will be and will arise many questions and problems with the use and management of territories and the registration of rights to real estate.

scholarly journals Entering information about the security zone of the main gas pipeline into the Unified State Register of Real Estate

2021 ◽  
Vol 5 (1) ◽  
pp. 48-62
Author(s):  
N. G. Ovchinnikova ◽  
◽  
D. A. Medvedkov ◽  
Keyword(s):  
Real Estate ◽  
Russian Federation ◽  
Legal Status ◽  
Gas Pipeline ◽  
Federal Law ◽  
Legal Norms ◽  
State Register ◽  
The Status ◽  
The Russian Federation ◽  
Main Gas Pipeline

The article discusses the process of preparing the location description of the protected zone boundaries of the main gas pipeline for the subsequent entry of information about it in the Unified State Register of Real Estate. In 2018, the regulation of the legal status of zones with special use of the territory was based on Federal Law No. 342 "On Amendments to the Urban Planning Code of the Russian Federation and Certain Legislative Acts of the Russian Federation". Previously, the status of the zones studied in the work was regulated by legal acts, which often made it difficult to apply the legal norms related to them. The authors describe this process in detail, starting with the coordination of the object itself and ending with the result of the work, paying attention to the subtleties of the process and emphasizing the existing shortcomings.

The role of the federal registration service for the rational use of agricultural land

2021 ◽  
Vol 975 (9) ◽  
pp. 50-56
Author(s):  
V.N. Klyushnichenko
Keyword(s):  
Real Estate ◽  
Russian Federation ◽  
Rural Areas ◽  
Agricultural Land ◽  
Living Standards ◽  
Agricultural Lands ◽  
State Register ◽  
The Russian Federation ◽  
Registration Service

The author considers the issues of using agricultural land in the Russian Federation, which significantly affects the wellbeing of its citizens. The possibility of partial payment of works on the firstcategory lands inventory and complex cadastral works at the expense of funds received through submission of extracts from the Unified State Register of Real Estate is justified. The shortcomings of the existing system of securing rights to immovable property are reflected, which consist in the possibility of depriving their owners of the registered right in court. It is shown that protecting the rights of individuals and legal entities to land plots by the state, as well as improving the living conditions of the population in rural areas are the main directions of developing the agricultural branch and improving the living standards of rural commodity producers. Possible ways of reducing the area of unused agricultural lands are proposed.

PROBLEM OF THE ACCURACY AND COMPLETENESS OF INFORMATION ON THE STATUS AND USE OF AGRICULTURAL LANDS

2021 ◽  
pp. 119-128
Author(s):  
N.V. ARZAMASTSEVA ◽  
◽  
N.V. PROKHOROVA ◽  
L.L. KHAMIDOVA
Keyword(s):  
Russian Federation ◽  
Agricultural Development ◽  
Agricultural Land ◽  
Complete Information ◽  
Land Market ◽  
Agricultural Lands ◽  
Agricultural Industry ◽  
Managerial Decisions ◽  
The Status ◽  
The Russian Federation

Accurate and complete information on the status and use of agricultural lands is required to take rational managerial decisions in the agricultural industry. Their aim is to ensure agricultural development and the effective use of agricultural lands, in particular. Analysis of information sources containing data on the status and use of agricultural lands shows that there are data pitfalls related to the area of agricultural lands and the area of agricultural lands not used as intended. This study revealed that there is misinformation about the area of vacant agricultural lands and the area of unclaimed land areas in the Russian Federation. The reliability of the available information on the area of agricultural lands of different ownership forms is questionable, provided that the division of agricultural land occurs at a slow pace. Accurate, complete, and timely information on the land market and accurate state cadastral assessment of agricultural lands will reduce the information asymmetry that impairs the selection, and improve the conditions for the agricultural land market operation. The existing problems with the accuracy and completeness of information on the status and use of agricultural lands should be resolved through improvements in the Unified Federal Information System for Agricultural Lands. The system was put into operation in 2018 by the Ministry of Agriculture of the Russian Federation, which collects and consolidates information on agricultural lands. To do this, it is required to develop a mechanism that allows the EFIS ZSN to receive information from various sources, while one of the information providers should not be interested in its content.

scholarly journals Constitutional status of federal territories in Russia: theoretical foundations of legislative regulation

2021 ◽  
Vol 5 (1) ◽  
pp. 124-140
Author(s):  
N. V. Vasilieva ◽  
S. V. Praskova ◽  
Yu. V. Pyatkovskaya
Keyword(s):  
Russian Federation ◽  
Complex Analysis ◽  
The State ◽  
Constitutional Court ◽  
Federal Law ◽  
The Status ◽  
Russian Constitution ◽  
The Subject ◽  
The Russian Federation ◽  
The Moment

The subject of the study is the constitutional concept of federal territories in Russia. The purpose of the article is to confirm or disprove hypothesis that constitutional status of federal territories in Russia consists of system of elements and identify such elements. The authors use the method of formal legal interpretation of Russian Constitution, the methods of comparative constitutional law, complex analysis, systemic interpretation of Russian laws and drafts of laws. The main results of research, scope of application. When making an amendment to part 1 of Article 67 of the Constitution of the Russian Federation, the content of this innovation was not disclosed. Therefore the federal law on federal territories will be of decisive importance. The authors define the constitutional characteristics of the federal territories based on the literal content of the constitutional norm and the conclusion of the Constitutional Court of the Russian Federation. The federal territory is an element of the state territory that is not a subject of the federal structure and has a status different from the status of the constituent entities of the Russian Federation. There are specific features of the organization of public power in federal territory. The authors’ vision of the content of each of the elements of the federal territories is presented. It is noted that the defining element of the status of federal territories will be the purpose of their creation. The authors propose a conceptual division of federal territories in Russia into two types: inhabited and uninhabited. It is stated that at the moment, the status elements can be clearly defined only in relation to uninhabited federal territories. The formation of the concept of inhabited federal territories will depend on definition of the purpose of their creation. Conclusions. It is proposed to consider the elements of the status of federal territories in Russia, based on the elements of the status of the subject of the Russian Federation, and in comparison with them. Such elements are: territory, population, subjects of jurisdiction, responsibilities, state power organization, property and budget, system of taxes and fees, names and symbols, population’s role in the state affairs management.

scholarly journals Some issues of legal regulation (of the legal status) control and accounting bodies of municipalities

2020 ◽  
Vol 2020 (2) ◽  
pp. 82-88
Author(s):  
Oleg Kozhevnikov
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
Regulatory Framework ◽  
Legal Analysis ◽  
Federal Law ◽  
Government Organization ◽  
The Past ◽  
The Status ◽  
The Russian Federation

Almost three decades have passed since the appearance of the Law of the Russian Federation from 06.07.1991 No. 1550-1 «On local self-government in the Russian Federation». Over the past historical stage, the regulatory framework of local self-government and its bodies has significantly transformed: this applies to the concept of local self-government, territorial and organizational foundations, and of course the legal status of individual local self-government bodies. This article provides a comparative legal analysis of certain provisions of Federal law No. 131-FZ of 06.102.2003 «On General principles of local self-government organization in the Russian Federation» and Federal law No. 6-FZ of 07.02.2011 «On General principles of organization and activity of control and accounting bodies of subjects of the Russian Federation and municipalities» in the part concerning control and accounting bodies of municipalities. Based on the results of this analysis, significant contradictions were identified in the basic Federal normative legal acts regulating the legal status of the control and accounting body of a municipality, which need to be corrected by the Federal legislator in order to increase the level of unity and consistency in the legal regulation of the status of one of the most important bodies in the system of local self-government-the control and accounting body of a municipality.

scholarly journals On the Issue of the Principles of State Service in the Penal System of the Russian Federation

2021 ◽  
Vol 4 ◽  
pp. 14-20
Author(s):  
Artem M. Bobrov ◽  
Keyword(s):  
Russian Federation ◽  
Public Service ◽  
Penal System ◽  
Federal Law ◽  
State Service ◽  
Philosophical Approach ◽  
Basic Principles ◽  
The Status ◽  
The Russian Federation ◽  
Internal Affairs

This article reveals the essence of the basic principles of public service, their implementation in the penal system of the Russian Federation. It is noted that the existing variety of definitions of principles entails some uncertainty. Therefore, it is proposed to adhere to a philosophical approach to determining the principles of public service in the penal system. It is noted that the current legislation regulating the status of employees of prisons and the procedure for serving the service does not take into account the specifics of the penal system, since the new provisions aimed at implementing the general principles of public service copy the similar norms of Federal Law of November 30, 2011 №. 342-FL «On Service in the Internal Affairs Bodies of the Russian Federation and Amending Certain Legislative Acts of the Russian Federation». It is concluded that it is necessary to detail the general principles of public service in conjunction with existing standards governing the activities of bodies and institutions of the penal system, the enforcement of criminal sentences, and the detention of defendants.

scholarly journals LEGAL REGULATION OF REAL ESTATE USE IN THE RUSSIAN FEDERATION

2019 ◽  
Vol 3 (2) ◽  
pp. 195-200
Author(s):  
Anastasia Shinkovskaia ◽  
Liliya Chilinger
Keyword(s):  
Real Estate ◽  
Russian Federation ◽  
Legal Status ◽  
Central Place ◽  
Legal Regulation ◽  
Land Law ◽  
Federal Law ◽  
The Russian Federation

The central place in the presented article is given to the sphere of legal regulation and changes in the permitted use of real estate in the Russian Federation. We study the basic legal acts, as well as innovations proposed for consideration of the draft Federal Law N 496293-7. In addition, the issues addressed relate to the related legal status of real estate. Concrete examples are given to illustrate the interdepartmental dissociation of government bodies and the problems of variation in the interpretation of land law. In conclusion, a list of measures necessary for making decisions for the problems identified is given.

scholarly journals To discussion of the Сoncept of the draft Federal law “Forest Code of the Russian Federation”

2020 ◽  
Vol 3 (3) ◽  
pp. 1-7
Author(s):  
V.V. Chebotareva ◽  
◽  
P.A. Chebotarev ◽  
V.G. Storozhenko ◽  
◽  
...  
Keyword(s):  
Russian Federation ◽  
Professional Community ◽  
Educational Institutions ◽  
Private Forest ◽  
Federal Law ◽  
The Status ◽  
Forest Code ◽  
The Russian Federation ◽  
Private Forest Management

The article discusses the concept of the draft Federal Law of the Forest Code of the Russian Federation put forward by the CEPL staff. The timeliness of such a discussion by the wide professional community is recognized. Proposals are being made to change a number of provisions of the Concept. It is proposed to clarify the status of “wild forests”. The thesis about the inadmissibility of leaving the cutting areas of oak forests for natural overgrowth is emphasized, which leads to the transformation of strategically valuable oak formations of the Central Black Earth Region into significantly less valuable deciduous forests without his participation. The authors support the position on the unacceptability of the existing model of private forest management, which leads to “deterioration of the state of forests, reduction of their economic and ecological potential.” A number of proposals are being made to improve the country’s forestry. It is proposed to restore the Ministry of Forestry, transfer the use of forest resources to state forestry enterprises, staffed with personnel, equipment and machinery for the production of all types of forestry work. To add to the section on the indefinite use of forest plots, research institutions, educational institutions, in the use of which there are forest plots for long-term research. It is necessary to exclude other types of use of forest areas (for example, hunting use), where research or educational activities are carried out.

scholarly journals PRESIDENTIAL CONTROL OVER OPERATIONS OF THE FEDERAL SECURITY SERVICE OF RUSSIA

2020 ◽  
Vol 11 ◽  
pp. 58-62
Author(s):  
Anatoliy M. Tarasov ◽  
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Russian Federation ◽  
State Control ◽  
Federal Law ◽  
Criminal Intelligence ◽  
Security Service ◽  
The Status ◽  
The Subject ◽  
The Russian Federation

The relevant and innovative character of the subject of Presidential Control over Operations of the Federal Security Service of Russia is confirmed by the absence of separate research on this topic and the status of the Federal Security Service of Russia established to ensure security, carry out various types of law enforcement operations, in particular, such as criminal intelligence and surveillance, pre-trial investigation, interrogation, where human and civil rights and freedoms may be violated, and the guarantor of human and civil rights and freedoms is the President of the Russian Federation pursuant to Article 80 of the Constitution of the Russian Federation. The relevance of this subject is also proven by the absence of any federal law on the state control over operations of state authorities including law enforcement ones and the failure to establish the limits (scope) of the presidential control over operations of the Federal Security Service of Russia in statutory acts. The fact that the aims of the presidential control are not only identification of deviations in operations of the Federal Security Service but also the prevention of such deviations in the future raises the importance of this issue. In view of the above, the presidential control is a mechanism of positive, preventive and efficient influence on organizational and practical activities of authorities of the Federal Security Service of Russia.

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