7.1 Coap of the Russian Federation.

Unauthorized occupation of a land plot or part of a land plot, including the use of a land plot by a person who does not have the rights to the specified land plot provided for by the legislation of the Russian Federation, shall entail the imposition of an administrative fine, if the cadastral value of the land plot has been determined, on citizens in the amount of 1 up to 1.5 percent of the cadastral value of the land plot, but not less than five thousand rubles; for officials - from 1.5 to 2 percent of the cadastral value of the land plot, but not less than twenty thousand rubles; for legal entities - from 2 to 3 percent of the cadastral value of the land plot, but not less than one hundred thousand rubles, and if the cadastral value of the land plot has not been determined, for citizens in the amount of five thousand to ten thousand rubles; for officials - from twenty thousand to fifty thousand rubles; for legal entities - from one hundred thousand to two hundred thousand rubles.

Notes:
1. For administrative offenses provided for in this article, persons carrying out entrepreneurial activities without forming a legal entity bear administrative liability as legal entities.

2. In the case of unauthorized occupation of a part of a land plot, an administrative fine, calculated from the cadastral value of the land plot, is calculated in proportion to the area of ​​the unauthorized occupied part of the land plot.

Commentary on Article 7.1 of the Code of Administrative Offenses of the Russian Federation

1. Unauthorized seizure of land means the groundless occupation of a plot of land, committed without any properly executed permits, by placing on it property belonging to the guilty person or developing this land plot for the personal purposes of that person.

The introduction of the administrative offense under consideration into the Code of Administrative Offenses of the Russian Federation is due to the need to ensure the protection of legal relations related to the ownership, use and disposal of land plots, as well as to ensure the inviolability of ownership of these real estate objects.

The commented article examines two independent formal elements of an administrative offense, differing in the objective side and illegality of the act.

The purpose of introducing the commented article into the Code of Administrative Offenses of the Russian Federation is to ensure the protection of the right of state, municipal and private ownership of land plots, to ensure the procedure for using, owning and disposing of them established by current legislation.

2. Like any other elements of an administrative offense, the elements contained in the commented article have a partially different object, objective side, subject and subjective side of the offenses from others.

The offenses under consideration are of a formal nature, since administrative responsibility for their commission begins from the moment the guilty actions are committed, regardless of the occurrence or absence of negative consequences, since the actions themselves, which constitute the objective side of the offenses, entail a violation of the established procedure for the possession, use and disposal of unauthorized persons land plot or existing ownership rights to it.

The object of the offense in question, which provides for administrative liability for unauthorized occupation of a land plot, is social relations arising in the field of ownership, use and disposal of lands, their individual plots, as well as relations aimed at ensuring the protection of ownership of these lands.

The subject matter of the administrative offense under consideration can be identified as lands and their constituent land plots, that is, parts of the earth’s surface, including the soil layer covering them. The boundaries of such land plots must be determined and secured in accordance with the procedure established by law through the necessary state registration procedure.

The objective side of the offense in question can only be expressed by active actions aimed at establishing the dominant position of the guilty person on the disputed land plot.

Two types of actions can be considered as such actions:

Unauthorized occupation of a land plot, expressed in the placement on it of any structures, structures, the erection of fences, or other obstacles to impede access to this plot of persons who have the legal right to own, use or dispose of it;

Use of a land plot by sowing it with agricultural, annual or perennial, as well as other types of plants, growing bacterially enriched crops in the fertile layer, etc.

On the objective side, it is possible to distinguish between two independent groups that differ in the grounds of wrongfulness of the act:

Occupation and use of a land plot in the absence of documents confirming the right to use, own or dispose of this land plot. In accordance with the provisions enshrined in Decree of the Government of the Russian Federation of June 30, 2006 N 404, the title documents for the land plot are:

a copy of the act of the state authority or local government;

cadastral plan of the land plot;

other documents confirming the provision of a land plot to this subject, or an extract from the Unified State Register of Rights to Real Estate and Transactions with It.

In addition, in cases established by federal laws, other title documents may be included in this list;

Occupation and use of a land plot in the absence of documents granting the right to carry out economic activities within the boundaries of such a land plot, that is, carrying out work on it that, in whole or in any specific part, requires a permit issued in accordance with the procedure established by law for their implementation (for example , carrying out the construction of an apartment building on a land plot without special permission to carry out construction activities and without classifying the land plot occupied by construction as the required category of land).

3. The commission of the administrative offenses under consideration is possible only in a deliberate form, since a careless form of guilt in committing such acts cannot form an offense and entail the imposition of administrative liability. Thus, the subjective side of the offense is established only in the form of intent.

The sanction of the commented article of the Code of Administrative Offenses of the Russian Federation provides for the general subject of the administrative offense under consideration.

Thus, the following may be brought to administrative liability:

Individuals - citizens of the Russian Federation, foreign citizens and stateless persons;

Officials - persons on a permanent or temporary basis or in accordance with the special powers assigned to them, exercising the powers of government representatives, vested in the manner established by current legislation with administrative functions in relation to persons who are not officially dependent on them, or performing organizational, administrative, administrative -economic powers in state bodies, local government bodies, state and municipal organizations, in the Armed Forces of the Russian Federation, other troops and military formations of the Russian Federation (for more details, see the commentary to Article 2.4 of the Code of Administrative Offenses of the Russian Federation);

Legal entities are organizations that own, have economic control or operational management of allocated property, are responsible for their obligations with this property and act on their own behalf in civil and other legal relations.

The sanction of the article in question provides for the only possible type of punishment - an administrative fine, the amount of which is established separately for each category of subjects of the administrative offense under consideration.

4. Consideration of cases of administrative offenses providing for administrative liability for unauthorized occupation of a land plot falls within the competence of the bodies exercising state control over the use and protection of land. At the same time, if the specified offense violates the rights to plots of forest fund lands and lands not included in the forest fund, consideration of administrative cases can only be carried out by officials of bodies authorized in the field of use, protection and protection of the forest fund.

entails the imposition of an administrative fine, if the cadastral value of the land plot is determined, on citizens in the amount of 1 to 1.5 percent of the cadastral value of the land plot, but not less than five thousand rubles; for officials - from 1.5 to 2 percent of the cadastral value of the land plot, but not less than twenty thousand rubles; for legal entities - from 2 to 3 percent of the cadastral value of the land plot, but not less than one hundred thousand rubles, and if the cadastral value of the land plot has not been determined, for citizens in the amount of five thousand to ten thousand rubles; for officials - from twenty thousand to fifty thousand rubles; for legal entities - from one hundred thousand to two hundred thousand rubles.

The above officials, in accordance with Part 1, paragraph 29 of Part 2 and Part 3 of Article 28.3 of the Code, have the right, within their competence, to draw up protocols on administrative offenses provided for in Article 7.1, Part 1 of Article 7.2 (in terms of unauthorized assignment of the right to use land),

1. According to paragraph 1 of Art. 25, paragraph 1, art. 26 of the Land Code, rights to land plots arise for citizens and legal entities on the grounds established by civil legislation, federal laws, and are subject to state registration in accordance with the Federal Law “On State Registration of Rights to Real Estate and Transactions with It.” Rights to land plots of citizens and legal entities are certified by documents in accordance with the Federal Law “On State Registration of Rights to Real Estate and Transactions with It.”

In accordance with Art. 29 of the Land Code, the provision of land plots to citizens and legal entities from lands in state or municipal ownership is carried out on the basis of a decision of authorized executive authorities or municipal bodies.

According to paragraph 1 of Art. 260 of the Civil Code, persons who own a land plot have the right to sell it, donate it, pledge it or lease it and otherwise dispose of it insofar as the relevant lands are not excluded from circulation or are not limited in circulation.

The procedure for providing land plots for construction from lands in state or municipal ownership is determined by Art. 30 ZK.

2. In relation to land plots from agricultural lands that are in state or municipal ownership, the procedure for providing them to citizens and legal entities for ownership or lease is established according to clauses 1, 2 of Art. 10 of the Federal Law of July 24, 2002 N 101-FZ "On the turnover of agricultural land."

In the case of using the specified land plots under a lease agreement, the title document is the lease agreement concluded in accordance with Art. 9 of the Federal Law "On the turnover of agricultural land".

When granting citizens and legal entities ownership of land plots from agricultural lands that are in state or municipal ownership, the title document is the decision of the relevant executive body of state power or municipal body authorized to make these decisions in accordance with Part 2, Clause 4 of Art. 10 of the Federal Law "On the turnover of agricultural lands". According to paragraph 1, 3 of Art. 10 of the specified Federal Law, land plots from agricultural lands that are in state or municipal ownership are provided to citizens and legal entities for ownership at auctions (competitions, auctions).

Organization and conduct of tenders (competitions, auctions) for the sale of land plots from agricultural lands that are in state or municipal ownership, as well as the right to conclude lease agreements for such land plots are carried out in accordance with Art. 38 ZK.

The lease of the specified land plots is carried out in the manner established by Art. 34 of the Land Code (see Part 1, Clause 2, Article 10 of the Federal Law “On the Turnover of Agricultural Land”).

3. In relation to legal relations that existed before the entry into force of the Land Code, the concept of “unauthorized occupation of land” was defined by Order of the Ministry of Natural Resources of the Russian Federation dated May 25, 1994 N 160. According to paragraph 1 of Appendix 1 to the Instructions for the organization and implementation of state land control by the bodies of the Ministry of Natural Resources of Russia, approved by this Order, unauthorized occupation of land means the use of a land plot in the absence of a duly registered right of ownership, possession, use or lease of land.

Unauthorized occupation includes the use of land:

before the relevant executive authority makes a decision on the provision, sale (transfer) of a land plot into ownership, on the re-registration of rights to land, the allocation of a land plot;

before concluding a purchase and sale agreement (bill of sale) or drawing up other documents in the prescribed manner confirming the transfer of ownership of the land;

before receiving and registering in the prescribed manner documents certifying the right of ownership, possession, use or lease of land;

before establishing the boundaries of the site on the ground, unless otherwise provided by federal legislation or regulatory legal acts of the constituent entities of the Russian Federation and local self-government;

in case of suspension of unlawful decisions on issues of seizure, provision and execution of transactions with land - until the consideration of protests made by the bodies exercising state land control in higher executive authorities, court, arbitration court.

4. According to paragraph 1 of Art. 60 of the Land Code, the consequence of unauthorized occupation of a land plot is the person’s obligation to restore the right he has violated.

In accordance with clauses 2, 3 of Art. 76 of the Land Code, unauthorized occupied land plots are returned to their owners, land users, landowners, land tenants without reimbursement of costs incurred by persons guilty of violating land legislation during the illegal use of these land plots.

Bringing land plots into a usable condition during their unauthorized occupation, demolition of buildings, structures, structures during unauthorized occupation of land plots or unauthorized construction is carried out by legal entities and citizens guilty of these land offenses, or at their expense.

5. With regard to legal relations that existed before the entry into force of the Land Code, the practice of application of land legislation by arbitration courts was summarized by the Presidium of the Supreme Arbitration Court of the Russian Federation (see information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated February 27, 2001 No. 61).

Unauthorized occupation of a land plot or part of a land plot, including the use of a land plot by a person who does not have the rights to the specified land plot provided for by the legislation of the Russian Federation -

entails the imposition of an administrative fine, if the cadastral value of the land plot is determined, on citizens in the amount of 1 to 1.5 percent of the cadastral value of the land plot, but not less than five thousand rubles; for officials - from 1.5 to 2 percent of the cadastral value of the land plot, but not less than twenty thousand rubles; for legal entities - from 2 to 3 percent of the cadastral value of the land plot, but not less than one hundred thousand rubles, and if the cadastral value of the land plot has not been determined, for citizens in the amount of five thousand to ten thousand rubles; for officials - from twenty thousand to fifty thousand rubles; for legal entities - from one hundred thousand to two hundred thousand rubles.

Notes:

1. For administrative offenses provided for in this article, persons carrying out entrepreneurial activities without forming a legal entity bear administrative liability as legal entities.

2. In the case of unauthorized occupation of a part of a land plot, an administrative fine, calculated from the cadastral value of the land plot, is calculated in proportion to the area of ​​the unauthorized occupied part of the land plot.

Comments to Art. 7.1 Code of Administrative Offenses of the Russian Federation

1. The elements of unauthorized seizure of land at different periods of time were provided for by criminal and administrative legislation. In connection with the adoption of the new Land Code of the Russian Federation, the relevance of liability for encroachments on land property has increased: Art. 7.1 of the Code of Administrative Offenses of the Russian Federation reflects changes in land legislation. It contains two formal compositions, differing in the objective side and illegality.

2. The purpose of the article is to protect the right of state, municipal and private ownership of land, to ensure proper order of ownership and disposal of it. The scope of its action is extremely wide and affects the interests of both the state and other land users.

3. Land legislation contains a significant number of legal regulations regulating ownership of land, the emergence of rights to land, the procedure for processing documents, etc. (see commentary to Article 7.10).

4. The object of the offense is social relations in the sphere of land use and property protection. Subject - land plots: part of the earth's surface (including the soil layer), the boundaries of which are described and certified in the prescribed manner. They are indivisible or divisible if the land plot can be divided into parts and each of them, after division, forms an independent land plot. The permitted use of the latter is carried out without transferring it to land of a different category.

5. Unauthorized occupation of a land plot is a simple formal structure, the objective side of which is expressed in active actions to establish actual dominance over the land plot by placing buildings on it, fencing, taking other measures to prevent access to it by legal owners (owners, tenants, other users ) or controlling persons, in particular security; or by sowing (planting) agricultural and other plants, etc.

6. The use of a land plot without documents of title to the land drawn up in the prescribed manner or without documents permitting the implementation of economic activities is a formal composition with alternative grounds for the illegality of the act, since Art. 7.1 provides for the illegality of use, which occurs in the absence of two types of documents confirming the right to use: a) the land plot itself; b) for economic activities within its borders.

According to the Decree of the Government of the Russian Federation of June 30, 2006 N 404, the title documents for a land plot are: a copy of the act of a state authority or local government; cadastral plan of the land plot; other documents confirming the provision of a land plot to this subject, or an extract from the Unified State Register of Rights to Real Estate and Transactions with It. In addition, in cases established by federal laws, other title documents may be included in this List.

The objective side is an act in the form of active actions for any use of a land plot without title documents or without permission to conduct economic activities, i.e. carrying out any work that, in general or at individual stages, requires obtaining a permit (see commentary to Article 8.1).

7. Subjective side - intentional guilt.

8. The subjects are listed in the sanctions of the commented article.

9. Cases of administrative offenses are considered by officials of bodies exercising state control over the use and protection of lands (Article 23.21).

Protocols on administrative offenses are drawn up by officials of the above bodies, as well as internal affairs bodies (police) (Part 1, Clause 1, Part 2, Article 28.3).

Unauthorized occupation of land

Commentary on Article 7.1 of the Code of Administrative Offenses of the Russian Federation:

1. The elements of unauthorized seizure of land at different periods of time were provided for by criminal and administrative legislation. In connection with the adoption of the new Land Code of the Russian Federation, the relevance of liability for encroachments on land property has increased: Art. 7.1 of the Code of Administrative Offenses of the Russian Federation reflects changes in land legislation. It contains two formal compositions, differing in the objective side and illegality.

2. The purpose of the article is to protect the right of state, municipal and private ownership of land, to ensure proper order of ownership and disposal of it. The scope of its action is extremely wide and affects the interests of both the state and other land users.

3. Land legislation contains a significant number of legal regulations regulating ownership of land, the emergence of rights to land, the procedure for processing documents, etc. (see commentary to Article 7.10).

4. The object of the offense is social relations in the sphere of land use and property protection. Subject - land plots: part of the earth's surface (including the soil layer), the boundaries of which are described and certified in the prescribed manner. They are indivisible or divisible if the land plot can be divided into parts and each of them, after division, forms an independent land plot. The permitted use of the latter is carried out without transferring it to land of a different category.

5. Unauthorized occupation of a land plot is a simple formal structure, the objective side of which is expressed in active actions to establish actual dominance over the land plot by placing buildings on it, fencing, taking other measures to prevent access to it by legal owners (owners, tenants, other users ) or controlling persons, in particular security; or by sowing (planting) agricultural and other plants, etc.

6. The use of a land plot without documents of title to the land drawn up in the prescribed manner or without documents permitting the implementation of economic activities is a formal composition with alternative grounds for the illegality of the act, since Art. 7.1 provides for the illegality of use, which occurs in the absence of two types of documents confirming the right to use: a) the land plot itself; b) for economic activities within its borders.

According to the Decree of the Government of the Russian Federation of June 30, 2006 N 404, the title documents for a land plot are: a copy of the act of a state authority or local government; cadastral plan of the land plot; other documents confirming the provision of a land plot to this subject, or an extract from the Unified State Register of Rights to Real Estate and Transactions with It. In addition, in cases established by federal laws, other title documents may be included in this List.

The objective side is an act in the form of active actions for any use of a land plot without title documents or without permission to conduct economic activities, i.e. carrying out any work that, in general or at individual stages, requires obtaining a permit (see commentary to Article 8.1).

7. Subjective side - intentional guilt.

8. The subjects are listed in the sanctions of the commented article.

9. Cases of administrative offenses are considered by officials of bodies exercising state control over the use and protection of lands (Article 23.21).

Protocols on administrative offenses are drawn up by officials of the above bodies, as well as internal affairs bodies (police) (Part 1, Clause 1, Part 2, Article 28.3).