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As regards land lots being in possession, use, and disposal of certain persons, the right of restricted use of the same lots by other persons - an easement subdivided into private and public ones - may be established.
The rights to land lots are accrued on the grounds set forth by civil law, federal laws, and are subject to a statutory registration (Art. 25 of the Code).
In practice, the most widespread grounds for accrual of rights to land are contracts of purchase and sale and lease agreements.
The law also sets forth a number of special grounds for accrual of rights to land lots.
When the property right to a building or construction located on someone's else land lot is assigned to another person, the latter acquires the right to use a respective part of the land lot occupied by the building or construction and required for their use, on the same terms and conditions and to the same extent as their previous proprietor. The proprietor of the building or construction located on someone's else land lot enjoys a preemptive right of purchase or rent of the land lot (paragraphs 1, 3, Art. 35 of the Code).
In the event the building or construction is owned by the possessor of the land lot on which these are located, their alienation is effected only together with the land lot, except in the cases of alienation of a part of the building or construction which cannot be allocated in kind with a part of the land lot, and alienation of the building or construction located on the land lot withdrawn from turnover.
If the buildings or constructions are located on the land lot owned by their possessor, alienation of the land lot without buildings and constructions located on it is inadmissible (para 4, Art. 35 of the Code).
The law also regulates acquirement of rights to land lots which are a public or municipal property and on which buildings and constructions are located (Art. 36 of the Code).
In particular, the Code sets forth the following.
Individuals and legal entities having in their ownership, business management or operative control the buildings, structures, constructions located on the land lots being the public or municipal property acquire the rights to the said land lots in compliance with the Land Code of RF, and the exclusive right to privatization of land lots or acquisition of the right to rent land lots are enjoyed by individuals and legal entities - owners of buildings, structures, constructions in a manner and on the terms and conditions set forth by the Code and federal laws.
Since the institute of private property to the land in RF has been introduced comparatively recently, the main turnover of land lots comprises the land lots being the public and municipal property.
The current land legislation regulates acquisition of rights to the land lots being the public and municipal property fairly sufficiently.
The above land lots can be allocated to individuals' and legal entities' ownership or rent, and for a free fixed-term use in the cases stipulated by the Code. Besides, the above land lots can be allocated to legal entities for permanent (perpetual) use (para 1, Art. 20 of the Code).
The Code sets forth a general procedure for allocation of land lots out of public and municipal ownership.
At the same time, the Code sufficiently details the procedure for allocation of land lots out of public and municipal property for construction.
Thus, it is established that allocation into ownership of land lots for construction without a preliminary approval of the location of facilities is effected only by tenders. The land lots for construction with a preliminary approval of the facilities locations can be allocated for rent, and as regards public and municipal institutions, federal government enterprises, public and local authorities - for permanent (perpetual) use (Art. 30 of the Code).
The Code also defines the procedure for allocation to individuals of land lots being the public or municipal property for the purposes unrelated to construction (Art. 34 of the Code).
As regards the turnover of land owned by individuals and legal entities, the law sets forth the following.
Individuals owning a land lot are entitled to sell it, make a gift of it, mortgage or rent it, and dispose of it in any other way, since respective lands are neither excluded from nor restricted in the turnover (Art. 260 of the Civil Code of RF).
The Land Code provides, in respect of the land lots being the private property of individuals and legal entities, for the possibility for their owners to allocate the land lots to other individuals or legal entities for free fixed-term use (para 1, Art. 24 of the Code).
The land lots being the individuals' heritable estate for life are inherited by other persons with the same right of a heritable estate for life (para 2, Art. 21 of the Code).
The turnover of land lots is effected pursuant to Russian civil law and the Land Code dated 25.10.2001, No. 136-FZ.
The Code and federal laws stipulate the grounds for withdrawal of land lots from the turnover and restriction of the turnover of land lots.
Thus, the Code sets forth the grounds for withdrawal from the turnover of land lots occupied by federal property. These comprise:
The lands, whose turnover is restricted, comprise the following land lots:
The Code does not regulate the turnover of agricultural lands. Such turnover is regulated by the Federal Law On the Turnover of Agricultural Lands.
Federal Law No. 101-FZ On the Turnover of Agricultural Lands was adopted on 24 July 2002.
The above law regulates the relations connected with possession, use, disposal of the land lots designated for agriculture, sets forth the rules and regulations for the turnover of land lots and shares in the common property right to land lots designated for agriculture, defines the conditions for allocation of agricultural land lots being the public or municipal property, as well as their withdrawal to the public or municipal property.
Thus, in particular, in the agricultural lands turnover the purpose of use of the land lots must be preserved, the maximum area and location requirements, as well as other principles set forth by law must be met.
The Law specifies the peculiarities of agricultural lands turnover in their purchase and sale, rent, inheritance, allocation of public or municipal agricultural lands to the property of or for rent by individuals or legal entities, as well as the peculiarities of the turnover of shares in the common property right to the land lots.
The Law has also introduced the restrictions of rights to agricultural lands for foreign individuals, foreign legal entities, stateless persons, and legal entities in whose authorized capital the share belonging to foreign individuals, foreign legal entities, stateless persons exceeds 50%.
The provisions of the Federal Law On the Turnover of Agricultural Lands are not applicable to land lots allocated from agricultural land to individuals for individual housing or garage construction, personal farming, gardening, animal husbandry, vegetable gardening, as well as to land lots occupied by buildings, structures, constructions. Such land lots turnover is regulated by the Land Code of RF.
Russian law sets forth the principle of payment for land tenure.
The land lots are used, except in cases specified by the Code, against payment of either a land tax (prior to enforcement of the real estate tax) or rent (para 1, Art. 65 of the Code).
When the land lots owned by individuals and legal entities are alienated, the cost of such land lots is defined in the purchase & sale contracts.
Natural persons and legal entities - owners of land lots may also alienate these for free, pursuant to deeds of gift.
The land lots being the public or municipal property are allocated to the ownership of individuals and legal entities is for value, apart from the cases specified by the Code, federal laws and the laws of the subjects of the Federation (para 2, Art. 28 of the Code).
The rental amount is fixed in the lease contracts.
The procedure for determining the amount of rentals, the manner, terms and conditions and the periods for payment of rentals for the land being the property of the RF, subjects of RF or municipal property are established, accordingly, by the Government of RF, governmental authorities of the subjects of RF, and local authorities (para 3, Art. 65 of the Code).
For the purposes of taxation, as well as for other purposes specified by the Code a cadaster value of the land is established in a manner set forth by the Russian Government (para 2, Art. 66 of the Code).
The market value of the land lots is fixed in accordance with the federal law on the appraisal activities (para 1, Art. 66 of the Code).
The current laws establish the principle of rating of the land lots allocated.
Thus, the maximum and minimum sizes of the land lots allocated to individuals' ownership out of the public or municipal property for farming, gardening, vegetable gardening, animal husbandry, summer cottages construction are specified by the laws of the subjects of the Federation, and for personal farming and individual housing construction - by regulations of local authorities.
The maximum size of the land lots allocated to individual's ownership free of charge for the above purposes is defined by:
For the purposes other than the above ones, the maximal and minimal size of the land lots is established in compliance with the land allocation rates for concrete activities or in compliance with the rules of land tenure and construction, land planning, city planning and project documentation (Art. 33 of the Code).
The land legislation and, in particular, the Land Code of RF specify the grounds and procedure for termination and restriction of rights to land.
Chapter VII of the Code contains the grounds which make it possible to terminate the following rights: the property right to the land lots, the right of permanent (perpetual) use of the land lots, the right of a heritable estate for life, the right to rent, the right of free fixed-term use of the land lot, to terminate easement, and the terms and conditions of such terminations.
In addition, the law sets forth the procedure and grounds for withdrawal of the land lots. The land lots can be withdrawn, including by buying out, for public and municipal needs, may be confiscated or requisitioned.
As regards restriction of the rights to land, the Code stipulates that the grounds for such restrictions may be contained in the Code and in federal laws.
The Code also sets forth a number of concrete restrictions of the rights to land.
Thus, special conditions may be set for use of the land lots and for business activities in protected zones, zones of sanitary protection zones, special conditions for protection of the environment, including flora and fauna, historical, cultural and natural monuments, archeological objects, preservation of the soil fertile layer, natural habitat, wild animals migration routes, conditions for commencement and completion of construction on or development of a land lot within the periods stipulated for a project approved in a prescribed manner, construction, repair or maintenance of an automobile road (part of it) when the right concerns the land lot being a public or municipal property (Art. 56 of the Code).
The Code defines the procedure for protection of rights to land and land disputes consideration (Chapter IX of the Code).
The Code, in particular, establishes that the right to a land lot is recognized in court and that land disputes are also tried by a court.
It seems reasonable to dwell on the issues of land tenure in Russia with respect to foreign legal entities, foreign individuals, and stateless persons.
Russian law sets a number of restrictions for foreign individual and legal entities, and stateless persons in the sphere of land tenure in Russia.
These restrictions have been defined for the lands specified by the Code, with the exception of agricultural lands.
Thus, foreign individuals, stateless persons, and foreign legal entities can have no property right to the land lots located in the areas adjacent to borders, whose list is established by the President of RF in accordance with federal laws on the State Border of RF, and in other special territories of Russia defined in compliance with federal laws (para 3, Art. 15 of the Code).
Unlike individuals and legal entities - residents of RF who can be allocated land lots being the public or municipal property both free of charge, in the cases specified by current laws, and against payment, foreign individuals and legal entities, and stateless persons can get public or municipal land only for payment (para 5, Art. 28 of the Code).
The right to rent land lots is granted only to foreign individuals and stateless persons, i.e. to natural persons. Foreign legal entities do not enjoy the right to rent land lots in Russia (para 1, Art. 22 of the Code).
Allocation state-owned or municipal land lots to foreign individuals, stateless persons and foreign legal entities for construction is effected with due regard for the following legislative provisions:.
The land lots are allocated to the above persons for construction and ownership, without a preliminary approval of location of facilities, exclusively by tenders (para 2, para 12, Art. 30 of the Code) and only for payment (para 5, Art. 28 of the Code), except for the lots located in the areas adjacent to the border (para 3, Art.15 of the Code).
The land lots for construction with preliminary approval of facilities location are allocated for rent (para 3, Art.30 of the Code) only to foreign individuals and stateless persons, i.e. to natural persons (para 1, Art. 22 of the Code).
At the same time, no land lots are allocated to ownership if these land lots are:
As regards the rights of foreign individuals, stateless persons, and foreign legal entities to land lots with respect to which they are no owners, but on which buildings they own are located, it is established that they have a preemptive right to buy or rent the said lots (para 5, Art. 35 of the Code).
As regards the agricultural lands, the Federal Law On the Turnover of Agricultural Lands establishes that foreign individuals, stateless persons, foreign legal entities and the legal entities in whose authorized capital the share of foreign individuals and legal entities, and stateless persons is over 50% may only rent the lots of agricultural land (Art. 3 of the Law).
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