scholarly journals On the concept and characteristics of a multi-boundary agricultural land plot

2020 ◽  
pp. 42-47
Author(s):  
Nikolai Nikolaevich Mel'nikov
Keyword(s):  
Russian Federation ◽  
Agricultural Land ◽  
Border Crossing ◽  
Controversial Issues ◽  
Legal Regime ◽  
Land Plot ◽  
Land Relations ◽  
The Russian Federation ◽  
Economic Need ◽  
Land Code

Special attention is paid to the concept, characteristics and specificity of multi-boundary agricultural land plots. In law enforcement practice, a multi-boundary land plot is an object of land relations, while the regulatory framework of the Russian Federation is characterized by significant gaps in regulating the regime of this plot. In particular, the Land code of the Russian Federation and other provisions of current legislation do not contain rules on the concept of a multi-boundary plot, the procedure for its formation and the legal regime. Features of the regime of multi-boundary agricultural land plots are also characterized by incomplete legal regulation.The problem of permissibility of border crossing of multi-boundary land plots and populated areas and (or) municipal formations is also characterized by lacunae which may lead to the placement of parts of a multi-boundary plot within various categories of lands. The article analyzes a number of controversial issues, including the multi-boundary plot as an object of rights and the economic need for the formation of such land plots in the absence of legally established criteria. In practice, there are examples of identifying a part of a multi-boundary plot with an ordinary land plot, which makes it difficult to distinguish these objects. In the author’s opinion, the question of multi-boundary land plots formation reasonability and the necessity to change and amend the Land Code of Russia with the corresponding provisions, is a topical question. The author arrives at the conclusion that it should not be acceptable if parts of multi-boundary agricultural lands come under various categories of lands.   

scholarly journals To the problem of legal regulation of agricultural land turnover in the Russian Federation

2020 ◽  
Vol 176 ◽  
pp. 06005
Author(s):  
Irina P. Chupina ◽  
Natalia N. Simachkova ◽  
Oksana S. Trotsenko
Keyword(s):  
Russian Federation ◽  
Agricultural Land ◽  
Life Support ◽  
Legal Regulation ◽  
Point Of View ◽  
Natural Fertility ◽  
Legal Regime ◽  
Land Relations ◽  
Legitimate Interests ◽  
The Russian Federation

The authors comprehensively investigated theoretical and practical problems of legal regulation of agricultural land turnover in the Russian Federation. They analyzed the jurisprudence in the field of agricultural land turnover, examined the legal regime of agricultural land in the Russian Federation, investigated the peculiarities of land plots turnover from agricultural lands, identified a number of significant problems in the legislation in the field of legal regulation of agricultural purposes land turnover. It is difficult to overestimate the importance of land, which is a nonrecoverable natural resource. From this point of view, agricultural land has a unique unrepeatable natural fertility capacity that determines the possibility of producing life support products, being an essential component of the environmental system. In the annual Address to the Federal Assembly of the President of Russia in 2019, V.V. Putin, specifying the main directions of strategic development of the country, noted the high importance of the land legislation development. The peculiarities of the agricultural land plots turnover are due to the public nature of land relations regulation. For this category of land, a special legal regime is established for food security purposes of Russia, which leads to the prevention of removing these lands from agricultural circulation, as well as building development. According to articles 9, 36 of the Constitution of the Russian Federation, “land and other natural resources are used and protected in the Russian Federation as the basis for the lives and activities of peoples living on the the relevant territory” and the exercise of authority by land owners is limited to conditions for potentially damaging the environment and violation of rights and legitimate interests of other persons.

scholarly journals THE PROBLEM OF DETERMINING THE LEGAL REGIME OF “DISPUTED” REAL ESTATE: THEORETICAL AND PRACTICAL ASPECTS

2021 ◽  
pp. 19-24
Author(s):  
N.A. Pronina ◽  
T.N. Platunova ◽  
S.O. Kostyakova
Keyword(s):  
Real Estate ◽  
Russian Federation ◽  
Civil Law ◽  
Property Right ◽  
Legal Regime ◽  
Land Plot ◽  
Legal Definition ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right

The article raises the following topical problems currently inherent in the institution of real estate in theRussian Federation: the unsuccessful legal definition of a real estate object, enshrined in Art. 131 of the CivilCode of the Russian Federation; qualification of objects as immovable and, accordingly, delimitation of themfrom movable ones; the emergence of objects with a controversial legal regime; the need to move from themodel of “plurality” to the model of “unity” of real estate objects. Also, the authors of this article analyzea number of approaches aimed at resolving the above problems and the possible consequences (both positiveand negative) of their implementation in practice, put forward their views and offer their own solutionto these problems. A variant of the legalization of “disputable” objects is proposed by introducing the rightof construction into the civil law of the Russian Federation as a limited property right to use a land plot withthe extension of this right to everything that is being built on such a land plot. The examples of legislativeregulation of the right to build in the civil law of pre-revolutionary Russia are considered, the elements of theright to build in the current law of the Russian Federation are revealed.

scholarly journals INSTITUTION OF PUBLIC LAND SERVITUDE IN THE CONTEXT OF THE THEORY OF REFLECTIVE ACTION OF LAW

2020 ◽  
pp. 208-212
Author(s):  
Artem Yu. Mokhov ◽  
Semyon P. Malyshkin
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
The State ◽  
Land Policy ◽  
Public Land ◽  
Land Plot ◽  
Land Relations ◽  
Private And Public ◽  
The Russian Federation ◽  
The Right

The main provisions of the theory of reflective action of law are considered in the article. The manifestation of law reflexes in modern legal regulation is analysed on the example of land relations. Land, as the basis of life and activity of peoples who live in the territory of the Russian Federation, acts not only as an economic good and a natural resource, but also as the object of a number of property and personal non-property relations connected with them. The institution of public land easement is considered by the authors to be a reflex of law, that is, the restriction of the subjective right of a particular owner of a land plot in the interests of society, the state. The issue of the limitation of the right of land private ownership is raised on the basis of an analysis of legislation and judicial practice. The problem of the limits of the action of public easements simultaneously aimed not only at the normal exercise of all property rights by the land plot owner, but also at preserving the favourable state of the environment, at ensuring the subjective rights of other participants in land legal relations, at the implementation of a single land policy of the state indicated in the context of the development of land legislation of the Russian Federation. The conclusion, that the use of the right reflex construction has a beneficial effect on strengthening legal certainty in the face of imbalances in private and public interests in land law, is made.

Granting the Land Plots for Maintaining a Farm: New Approaches

2016 ◽  
Vol 4 (1) ◽  
pp. 0-0
Author(s):  
Валентина Устюкова ◽  
Valyentina Ustyukova
Keyword(s):  
Russian Federation ◽  
Agricultural Land ◽  
Civil Law ◽  
New Approaches ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Land Code

The article is devoted to the previously called ambiguous interpretation of doctrine and judicial practice: how should land for farming be provided — in the auction, or no auction. The changes to the Land Code of the Russian Federation in the summer of 2014 are analyzed, and their assessment is given by the author. The article of the Land Code, admitting, unlike civil law, only one form of auction — auctions is criticized. In particular, in relation to agricultural land the most appropriate form of trading would have been a competition. The author concludes that the farmers, as before, will receive plots of land mainly from auction, despite the presence in the Land Code of the provisions on allocation of land plots without bidding.

On Some Aspects of the New Rules on Land Plots Allotment

2015 ◽  
Vol 3 (11) ◽  
pp. 0-0
Author(s):  
Станислав Липски ◽  
Stanislav Lipski
Keyword(s):  
Russian Federation ◽  
Local Governments ◽  
Agricultural Land ◽  
The State ◽  
Competitive Bidding ◽  
Rural Settlements ◽  
Public Authorities ◽  
The Russian Federation ◽  
Land Code ◽  
Legal Entities

The article reviews new rules on allotment of land plots to citizens and legal persons. The State Duma included these rules into the Land Code of the Russian Federation in summer 2014. Now they have come into force. The article focuses on the following issues. 1. How do these rules affect the land legislation in general? 2. What are the changes in the powers of public authorities of subjects of the Russian Federation and bodies of local self-government in regulating the order of land plots’ allotment and in implementation of such allotment? 3. How justified is the fact that now auctions are the only possible form of a land tender? The author believes that it is necessary to preserve competitive bidding for cases when same agricultural land plots are allotted to citizens and legal entities. Also there remains a problem associated with the transfer of power on allotment of lands from local governments of municipal areas to the level of rural settlements.

scholarly journals Unified land use in the modern system of state cadastral registration

2019 ◽  
Vol 110 ◽  
pp. 02110
Author(s):  
Yulia Golyakova
Keyword(s):  
Land Use ◽  
Russian Federation ◽  
The State ◽  
Federal Law ◽  
Land Plot ◽  
Modern System ◽  
The Russian Federation ◽  
Plot Type ◽  
Land Register ◽  
Land Code

Abstract. This paper discusses the features of such a unique land plot type as the unified land use. This type of a land plot appeared by virtue of the Russian Federal Law No. 28-FZ “On the State Land Cadastre” dated January 2, 2000. However, the current land legislation does not contain such a term. Currently, the unified land use cannot be formed, but previously registered land still exists in the state cadastre. In addition to a number of features in the land register procedure, the unified land use has no restrictions and freely participates in civilian circulation. Land plots that are the unified land use may be subject to all types of transformation specified in 11.9 of the Land Code of the Russian Federation, with the transformation into two types: the so-called ordinary plot and multi-contour land plot. It should also be noted that there is no term of multi-contour land plot in the land legislation. Some authors draw an analogy between the unified land use and a multi-contour land plot. However, there are a number of differences.

scholarly journals Reforming the process of formation of land categories in Russia

2021 ◽  
Vol 937 (4) ◽  
pp. 042076
Author(s):  
I Kustysheva ◽  
A Ermakova ◽  
A Shirokova ◽  
A Dubrovsky
Keyword(s):  
Russian Federation ◽  
Agricultural Land ◽  
Regulatory Framework ◽  
Federal Law ◽  
Land Relations ◽  
The Russian Federation

Abstract The article deals with the problem of reforming land relations in the issue of abolishing land categories and the transition to territorial zoning. The authors analyzed the current land legislation and the stages of reforming the regulatory framework in the field of land relations in the Russian Federation. The analysis of the proposed changes in the course of reforming a number of regulatory and legislative acts. A scheme for transforming land categories into territorial zones is proposed, according to the draft federal law. Proposals have been developed to improve the quality of the process under study, in relation to agricultural land, in order to develop a sequence of measures when introducing a draft law on the transition from land categories to territorial zoning.

ECOLOGICAL STATUS AND RECONSTRUCTION OF RYAZAN REGION MELIORATION SYSTEM

1970 ◽  
pp. 33-37
Author(s):  
P. N. Vanyushin ◽  
A. V. Kuzin ◽  
А. А. Pavlov ◽  
А. V. Nefedov ◽  
N. А. Ivannikova
Keyword(s):  
Russian Federation ◽  
Agricultural Land ◽  
Cultural Landscapes ◽  
Land Reclamation ◽  
Ecological Status ◽  
Economic Feasibility ◽  
Drainage Systems ◽  
Viable Systems ◽  
The Russian Federation ◽  
Technical Operation

The article analyzes the current state of the irrigation and drainage systems of the Ryazan region. It is shown that the lack of technical operation of the drainage network led to its failure and failure to perform its functions. Irrigation, in spite of the fact that it gives stability in the years of droughts due to aging and the dismantling of machinery and equipment is not carried out. It is shown that for the reconstruction and / or modernization of irrigation and drainage systems it is necessary on the basis of inventory to determine the environmentally optimal and economically viable systems, their parts and structures that require rehabilitation, reconstruction and / or modernization. The decision to reconstruct may include not only the ameliorative system as a whole, but also some part of it, for example, a canal, pipeline or a separate hydraulic structure, taking into account the justification of economic feasibility. In dry periods, for the Meshcherskaya lowland and areas with peat soils, it is necessary to provide for land-reclamation systems for dual regulation of soil moisture, which reduces the possibility of peat ignition and the spread of fire. It should be borne in mind that the reconstruction of land-reclamation systems has its specific features, which include: socio-economic (increasing the productivity of agricultural land, obtaining additional income, creating modern infrastructure, increasing employment, living conditions, labor, etc.) ; ecological (creation of cultural landscapes, ensuring their ecological sustainability, prevention of land degradation processes, improvement of recreational conditions, elimination of waterlogging, flooding, salinization, erosion, etc.). Reclamation activities are carried out in compliance with the requirements of land, water, forestry legislation of the Russian Federation, as well as the legislation of the Russian Federation on the protection of the environment, on the subsurface, on the plant world and on the animal world.

Determining the Ownership of a Land Plot to the Category of Forest Lands

2020 ◽  
Vol 8 ◽  
pp. 105-109
Author(s):  
N. D. Vershilo ◽  
◽  
T. A. Vershilo ◽  
Keyword(s):  
Russian Federation ◽  
Federal Law ◽  
Land Plot ◽  
The Russian Federation ◽  
Forest Lands

The article analyzes the Federal law of 29.07.2017 No. 280-FZ «On amendments to certain legislative acts of the Russian Federation». In order to eliminate contradictions, the problematic issues of determining the ownership of a land plot to the lands of the forest Fund are considered.

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