What is checked during municipal land control. On approval of the procedure for exercising municipal land control on the territory of the Moscow region

The procedure for exercising state land control is established by the Regulations on it, approved by the Decree of the Government of the Russian Federation of November 15, 2006.

Like all state land management bodies, state land control bodies are divided into bodies of general competence and bodies of special competence.

The first include: the Government of the Russian Federation, authorities of the constituent entities of the Russian Federation and local governments. Solving the problems of socio-economic development of the respective territories, they simultaneously perform the functions of state control in the field of land use and protection. The competence of these bodies and their activities are regulated by the relevant laws and regulations regarding them. Their powers come down to organizational and managerial activities: defining the tasks of control, establishing the procedure for its implementation, developing and adopting regulations and provisions relating to control issues, organizing control activities, making decisions based on the results of land control, etc.

The group of bodies of special competence exercising land control includes:

Department of Land Control of the Federal Agency for Registration, Cadastre and Cartography (Rosreestr);

Federal Service for Supervision of Natural Resources of the Ministry of Natural Resources and Ecology of the Russian Federation (Rosprirodnadzor) and its local authorities;

Federal Service for Veterinary and Phytosanitary Surveillance of the Ministry of Agriculture of the Russian Federation (Rosselkhoznadzor) and its territorial bodies.

These bodies carry out their control functions in interaction with other executive authorities and among themselves. The limits of their competence are determined by the relevant provisions on these bodies.

State land control is carried out in the form of inspections carried out in accordance with plans approved in the manner established by specially authorized bodies, as well as unscheduled inspections in compliance with the rights and legitimate interests of organizations and citizens.

Unscheduled inspections are carried out:

To check the execution of orders to eliminate previously identified violations of land legislation;

In case of receiving documents and other evidence from government bodies, local governments, organizations and citizens indicating the presence of signs of violations of land legislation.

Measures for state land control in relation to legal entities and individual entrepreneurs are carried out in accordance with the requirements of the Federal Law of December 26, 2008 N 294-FZ “On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control”, which came into force on July 1, 2009.

Legal entities and individuals using land plots in respect of which inspections are being carried out are obliged to provide officials of specially authorized bodies with access to these plots and provide the documentation necessary for the inspection.

Persons who interfere with the implementation of state land control, using the threat of violence or violent actions against officials exercising this control, bear responsibility established by the legislation of the Russian Federation.

Officials of specially authorized bodies bear responsibility established by the legislation of the Russian Federation for failure to perform or improper performance of the functions assigned to them in the implementation of state land control.

4(3). Scheduled inspections in relation to legal entities, individual entrepreneurs and citizens who are legal holders of land plots are carried out by the Federal Service for Veterinary and Phytosanitary Surveillance and its territorial bodies depending on the assigned risk category with the following frequency:

Scheduled inspections are not carried out in relation to legal entities, individual entrepreneurs and citizens who are copyright holders of land plots classified as low risk.

4(4). When classifying land plots as risk categories, the Federal Service for Veterinary and Phytosanitary Surveillance and its territorial bodies use, among other things:

a) information contained in the Unified State Register of Real Estate;

b) information from the state data fund obtained as a result of land management;

c) information from state monitoring of agricultural lands;

d) information obtained when officials of the Federal Service for Veterinary and Phytosanitary Surveillance and its territorial bodies carry out control activities without interaction with legal entities, individual entrepreneurs and citizens who are the legal holders of land plots.

4(5). The territorial bodies of the Federal Service for Veterinary and Phytosanitary Surveillance maintain lists of land plots that are assigned risk categories. The inclusion of land plots in the lists of land plots is carried out in accordance with the decisions specified in paragraph 4(2) of these Regulations.

4(6). The lists of land plots specified in paragraph 4(5) of these Regulations contain the following information:

a) the full name of the legal entity, last name, first name and patronymic (if any) of an individual entrepreneur or individual who is the legal owner of land plots assigned a risk category;

b) the main state registration number of the legal entity or individual entrepreneur who is the legal owner of the land plots;

c) identification number of the taxpayer who is the legal owner of the land plots;

d) cadastral number of the land plot (if available);

e) address of the location of the land plot (if absent, location of the land plot);

f) details of the decision to assign a risk category to a land plot, an indication of the risk category, as well as information on the basis of which the decision was made to assign the land plot to a risk category.

4(7). At the request of a legal entity, individual entrepreneur or citizen, the Federal Service for Veterinary and Phytosanitary Surveillance and its territorial bodies, within a period not exceeding 15 days from the date of receipt of the request, send to the legal entity, individual entrepreneur or citizen information about the risk categories assigned to the land plots they use, as well as information used in classifying the land plots they use to certain risk categories.

4(8). A legal entity, individual entrepreneur or citizen has the right to submit to the Federal Service for Veterinary and Phytosanitary Surveillance and its territorial body an application to change the risk category previously assigned to a land plot in the manner established by the Rules.

The assignment of land plots to a certain risk category is carried out on the basis of the criteria for assigning land plots used by legal entities and (or) individual entrepreneurs, the legal holders of which they are, to a certain risk category when the Federal Service for State Registration, Cadastre and Cartography carries out state land supervision in accordance with Appendix No. 2 .

(see text in the previous edition)

10(3). The assignment of land plots to risk categories and changes in risk categories assigned to land plots are carried out by decisions of officials of the Federal Service for State Registration, Cadastre and Cartography and its territorial bodies that carry out state land supervision, at the same time serving as chief state inspectors in cities and regions for use and protection lands and their deputies.

In the absence of a decision to assign a land plot to a certain risk category, such land plot is considered to be classified as low risk.

If there are criteria that allow a land plot to be classified into different risk categories, criteria that classify the land plot to a higher risk category are subject to application.

When classifying land plots used by legal entities and (or) individual entrepreneurs into risk categories, the following are used, among other things:

information from the Unified State Register of Real Estate:

about the location of the boundaries of land plots (coordinates of characteristic points of such boundaries);

on registered rights to land plots;

information on the use of land plots obtained during administrative surveys of land relations objects by officials of the Federal Service for State Registration, Cadastre and Cartography and its territorial bodies.

At the request of a legal entity or individual entrepreneur, the Federal Service for State Registration, Cadastre and Cartography and its territorial bodies, within a period not exceeding 15 days from the date of receipt of the request, send to the legal entity or individual entrepreneur information about the risk categories assigned to the land plots they use, as well as information , used in classifying the land plots they use to certain risk categories.

A legal entity or individual entrepreneur has the right to submit to the Federal Service for State Registration, Cadastre and Cartography and its territorial body an application to change the risk category previously assigned to a land plot in the manner prescribed by the Rules.

(see text in the previous edition)

10(4). The Federal Service for State Registration, Cadastre and Cartography and its territorial bodies conduct scheduled inspections of the use of land plots by legal entities and (or) individual entrepreneurs, depending on the assigned risk category, at the following frequency:

for land plots classified as medium risk - no more than once every 3 years;

for land plots classified as moderate risk - no more than once every 5 years.

Routine inspections are not carried out for land plots classified as low risk.

The period for conducting scheduled inspections of the use of land plots classified as moderate risk by legal entities or individual entrepreneurs should not exceed 17 working days.

11. Unscheduled inspections are carried out on the grounds established by the Land Code of the Russian Federation, the Federal Law "On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control", the Federal Law "On the general principles of organizing legislative (representative) and executive state authorities of the constituent entities of the Russian Federation" and the Federal Law "On the General Principles of the Organization of Local Self-Government in the Russian Federation".

(see text in the previous edition)

11(1). To determine the need for unscheduled inspections when carrying out state land supervision, the Federal Service for State Registration, Cadastre and Cartography and its territorial bodies use indicators of the risk of violation of mandatory requirements, approved by the Ministry of Economic Development of the Russian Federation.

12. The timing and sequence of administrative procedures when carrying out scheduled and unscheduled inspections, including the procedure for notifying the inspected person about the inspection, are established by administrative regulations developed and approved in accordance with Decree of the Government of the Russian Federation dated May 16, 2011 N 373 “On the development and approval of administrative regulations for the implementation of state control (supervision) and administrative regulations for the provision of public services."

(see text in the previous edition)

13. Decisions and actions (inaction) of officials of state land supervision bodies carrying out scheduled and unscheduled inspections may be appealed administratively and (or) judicially in accordance with the legislation of the Russian Federation.

14. Information on the results of inspections carried out is posted on the official websites of state land supervision bodies in accordance with the requirements of the Federal Law “On ensuring access to information on the activities of state bodies and local governments.”

14(1). Territorial bodies of the Federal Service for State Registration, Cadastre and Cartography maintain lists of land plots that are assigned risk categories (hereinafter referred to as lists of land plots). The inclusion of land plots in the lists of land plots is carried out in accordance with the decisions specified in paragraph 10(3) of these Regulations.

14(2). Lists of land plots contain the following information:

a) the full name of the legal entity, last name, first name and patronymic (if any) of the individual entrepreneur who is the legal owner of the land plots assigned a risk category;

b) the main state registration number of a legal entity or individual entrepreneur who is the legal holder of land plots;

c) individual number of the taxpayer who is the legal owner of the land plots;

d) cadastral number of the land plot or, in its absence, the address of the location of the land plot;

e) details of the decision to assign a risk category to a land plot, an indication of the risk category, as well as information on the basis of which the decision was made to assign the land plot to a risk category.

15. Systematic monitoring of compliance with the requirements of land legislation is carried out by conducting an administrative survey of objects of land relations, analysis of legal acts adopted by state authorities and local governments on the use and protection of lands and (or) land plots, as well as in other forms provided for land legislation.

16. If, based on the results of the analysis of legal acts adopted by state authorities and local self-government bodies on the use and protection of lands and (or) land plots, non-compliance of these acts with the requirements of land legislation is revealed, the state land supervision authorities shall send to state authorities and local authorities self-governments that have adopted the acts, within 15 days from the date of detection of the specified discrepancy by mail, a proposal to bring them into compliance with the requirements of land legislation, and also set a deadline for informing about the measures taken to eliminate the violations.

17. In case of failure, within a month from the date of receipt of the proposals provided for in paragraph 16 of these Regulations, by state authorities or local government bodies to eliminate the violations committed or failure to provide information on the measures taken by the specified bodies within the prescribed period, the state land supervision authorities that sent the specified proposals , are obliged, within 15 days from the date of expiration of their notification period, to send to the prosecutor's office information about the identified inconsistency of legal acts with the requirements of land legislation.

18. Based on the results of scheduled and unscheduled inspections, administrative survey of objects of land relations, analysis of legal acts adopted by state authorities and local governments on the use and protection of lands and (or) land plots, taking into account data from state monitoring of lands by state land authorities supervision, analysis and forecasting of the state of fulfillment of the requirements of land legislation is carried out when government bodies, local governments, legal entities, individual entrepreneurs and citizens carry out their activities.

The results of the analysis of the state of fulfillment of the requirements of land legislation when state authorities, local governments, legal entities, individual entrepreneurs and citizens carry out their activities and the corresponding forecast are included by the Federal Service for State Registration, Cadastre and Cartography in the state (national) report on the state and use of lands in Russian Federation.

19. Federal executive authorities exercising state land supervision shall submit, by April 1 of the year following the reporting year, to the Federal Service for State Registration, Cadastre and Cartography information on the results of state land supervision in order to take such information into account when preparing the state (national) report on the condition and use of land in the Russian Federation.

20. When carrying out state land supervision, officials of the federal executive authorities specified in paragraph 2 of these Regulations, enjoy the rights established by paragraph 5 of Article 71 of the Land Code of the Russian Federation, other federal laws and normative legal acts of the Russian Federation adopted in accordance with them, comply restrictions and fulfill the duties established by the Federal Law “On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Exercise of State Control (Supervision) and Municipal Control” and other regulatory legal acts of the Russian Federation, and are also responsible for non-execution or improper execution of the powers assigned to them in in accordance with the legislation of the Russian Federation.

21. Officials of the Federal Service for State Registration, Cadastre and Cartography and its territorial bodies exercising state land supervision are simultaneously ex officio:

a) the head of the Federal Service for State Registration, Cadastre and Cartography - the chief state inspector of the Russian Federation for the use and protection of lands;

b) the deputy head of the Federal Service for State Registration, Cadastre and Cartography and the head of the structural unit of the Service, whose jurisdiction includes the implementation of state land supervision, - deputy chief state inspector of the Russian Federation for the use and protection of lands;

c) specialists from a structural unit of the Federal Service for State Registration, Cadastre and Cartography, whose jurisdiction includes the implementation of state land supervision - state inspectors of the Russian Federation for the use and protection of lands;

d) heads of territorial bodies of the Federal Service for State Registration, Cadastre and Cartography in the constituent entities of the Russian Federation - chief state inspectors in the constituent entity of the Russian Federation for the use and protection of lands;

e) deputy heads of territorial bodies of the Federal Service for State Registration, Cadastre and Cartography, heads of structural divisions of territorial bodies of the Federal Service for State Registration, Cadastre and Cartography in the constituent entities of the Russian Federation, whose jurisdiction includes the implementation of state land supervision, and their deputies - deputies of the main state inspectors in the constituent entity of the Russian Federation for the use and protection of lands;

f) specialists from structural divisions of territorial bodies of the Federal Service for State Registration, Cadastre and Cartography in the constituent entities of the Russian Federation, whose jurisdiction includes the implementation of state land supervision - state inspectors in the constituent entities of the Russian Federation for the use and protection of lands;

g) heads of structural divisions of territorial bodies of the Federal Service for State Registration, Cadastre and Cartography in the constituent entities of the Russian Federation at the interdistrict and city (district) levels, whose jurisdiction includes the implementation of state land supervision - chief state inspectors in cities and regions for the use and protection of land ;

h) deputy heads of structural divisions of territorial bodies of the Federal Service for State Registration, Cadastre and Cartography in the constituent entities of the Russian Federation at the interdistrict and city (district) levels or specialists of the relevant structural divisions (in the absence of deputy heads), whose jurisdiction includes the implementation of state land supervision, - deputy chief state inspectors in cities and regions for the use and protection of land; 23. Officials exercising state land supervision, when carrying out state land supervision, interact in the prescribed manner with federal executive authorities and their territorial bodies, with executive authorities of the constituent entities of the Russian Federation, local government bodies, law enforcement agencies, organizations and citizens.

If, during the implementation of state land supervision, violations of the requirements of land legislation are detected, the supervision of compliance with which in accordance with paragraphs 3 of these Regulations is carried out by other federal executive authorities, officials of the state land supervision bodies who identified such violations are obliged to do so within 5 working days from the date of detection of such a violation, inform the authorized body of state land supervision by mail about the detection of these violations in order to take measures.

Officials carrying out state land supervision, no later than 5 working days from the date of completion of the inspection, send a notification to the local government body of the settlement, urban district at the location of the land plot or, if the land plot is located in an inter-settlement area, to the local government body of the municipal district. on the identification of an unauthorized construction with the attachment of documents confirming this fact, if, based on the results of an inspection carried out by the specified officials, the fact of placement of a capital construction project on a land plot is revealed, on which the placement of such an object is in accordance with the permitted use of the land plot and (or) established restrictions on the use of land plots are not allowed.

24. When carrying out state land supervision, standard forms of documents approved in accordance with the Federal Law “On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control” are used.

25. Officials carrying out state land supervision have document forms with the State Emblem of the Russian Federation and the name of the relevant state land supervision body necessary for the implementation of state land supervision, and service certificates, forms (samples) of which are established accordingly by the Federal State Registration Service, Cadastre and cartography, the Federal Service for Veterinary and Phytosanitary Surveillance and the Federal Service for Supervision of Natural Resources.

(see text in the previous edition)

26. Officials exercising state land supervision have uniforms and insignia.

(see text in the previous edition)

The area of ​​land control is regulated by the Land Code in conjunction with Government Decree No. 1 of January 2, 2015. Supervision is carried out by a number of government bodies: local government structures, representatives of the executive branch and committees (land policy, environmental protection, construction and sanitary and epidemiological service).

What is land control

Land control is understood as a set of measures to ensure efficient management of the land fund. It is designed to monitor the legality of the actions of all categories of citizens regarding compliance with land legislation. The measures taken by the supervisory authorities are aimed at preserving the existing land fund, eliminating cases of illegal actions and implementing penalties for persons who have violated the law.

Monitoring of government bodies addresses the following issues:

• preventing unauthorized seizure of land;
• eliminating cases of illegal exploitation of land without permits;
• re-registration of plots by legal entities;
• regulation of land acquisition procedures;
• monitoring the compliance of the nature of the operation of plots with their intended purpose;
• regulation of the procedure for allocating plots;
• ensuring the suitability of the land fund for exploitation in accordance with their intended purpose;
• demarcation of boundaries between areas.

What are the functions of supervisory authorities in relation to individual entrepreneurs and legal entities

The functions of supervisory structures are:

• warning;
• informational;
• punitive.

Preventive actions are aimed at preventing crime, information activities are aimed at collecting and systematizing information about objects controlled by this body. Punitive measures regulate the identification of those responsible for offenses against the land fund, the determination of the form of punishment for them and the monitoring of the implementation of punishment.

Supervision takes several forms:

• in the form of scheduled and unscheduled inspections;
• continuous monitoring of compliance with legal acts;
• eliminating detected violations.

Monitoring is carried out through a survey of land fund objects and analysis of current legislative documents.

The functions of land control extend to the activities of entrepreneurs in:

1. Reclamation of land objects.
2. Land improvement.
3. Implementation of measures to protect soils from all types of erosion.
4. Use of Forest Fund lands to prevent illegal deforestation, change the purpose of land for arable land or for the construction of commercial buildings.
5. Compliance with operating standards for areas in the water protection zone.
6. Maintaining the level of fertility of agricultural lands.
7. Methods of influencing fertile soil layers to prevent unauthorized removal of fertile layers, land depletion and contamination with chemicals.

Types of land control

Land control is classified according to two criteria. Based on the focus of supervisory activities, the following are distinguished:

• external monitoring (supra-departmental type);
• internal (a type of intradepartmental control).

Based on the subject, supervision is divided into groups:

• state level;
• municipal type;
• production variety;
• public control system.

At the state level, supervision is implemented through the detection of violations of federal legislation, the prevention of illegal actions and ensuring that users of allotments from among entrepreneurs comply with land protection standards.

FOR REFERENCE! General state supervision is carried out by the Government and the President; the executive branch is responsible for conducting a special type of state supervision.

Features of the state type of supervision:

• monitoring applies to all categories of land plots;
• the activities of any business entities are analyzed without taking into account their form of ownership;
• supervisory authorities are provided with a wide range of administrative enforcement tools in the form of fines, warnings, orders, and protocols.

NOTE! To protect their rights, entrepreneurs can use the provisions of Law No. 134-FZ of August 8, 2001, which guarantees protection from arbitrariness of officials representing supervisory authorities.

The municipal form of supervision is implemented through the efforts of local governments. The objectives of this type of control are:

• preventive work with land users;
• detection of facts of illegal activity in relation to legal norms;
• elimination of offenses within the municipality;
• organizing a system for monitoring the compliance of allotment users with legal standards;
• establishing an effective monitoring scheme.

Features of municipal level control:

• controlling persons cannot combine their functions with the powers of state-level supervisory authorities;
• monitoring concerns only issues of legality of land use, without affecting the problem of protecting land territories.

The public type of control is implemented by citizens of the state and their voluntary associations. Monitoring is aimed at ensuring the legality and objectivity of decisions of authorities at various levels that affect the rules for the exploitation of land plots and may violate the rights of individuals or legal entities. An additional block of public control functions is associated with the need for comprehensive monitoring of compliance with land exploitation standards and their environmental protection.

The role of controllers can be:

• territorial structures of public self-government;
• individual citizens of the Russian Federation;
• community associations.

Industrial supervision is implemented through specialized bodies of enterprises or individual entrepreneurs. The list of their tasks includes checking compliance with legal norms in the business process. This type of monitoring is the most efficient form of control over the rules for using land plots and compliance with environmental standards.

Order of conduct

The procedure for implementing control is carried out through the following activities:

• regular inspections of land plots;
• visiting enterprises that have been allocated land plots;
• if violations of operating rules are detected during the next visit to the land plots of entrepreneurs, officials of regulatory authorities issue instructions to eliminate specific violations and ensure the protection of land, which are mandatory for all categories of entrepreneurs;
• in case of offenses, protocols are drawn up to transmit information about this fact for consideration by the commission, the result of these procedures will be the bringing of the perpetrators to a specific measure of responsibility;
• impose penalties.

Entrepreneurs found to have violated land legislation do not have the right to prevent representatives of supervisory authorities from conducting an inspection. When attempting to exert physical or psychological pressure on supervisory officials, additional forms of punishment may be applied to the perpetrators. Users of land plots are required to ensure their presence on the site during the inspection or delegate one of their employees to represent the interests of the company.

IMPORTANT! If you disagree with the actions or conclusions of officials of state control bodies, entrepreneurs can submit a written complaint to a higher authority or go to court.

Control result

The results of control are documented in inspection reports. If violations are detected, instructions drawn up by the inspectors to eliminate the deficiencies are attached to the report. If there are previously issued protocols on administrative offenses against a particular entrepreneur, they are also attached to the act. When forming instructions in the text of the document, it is important to indicate the deadline for compliance with its norms.

Based on the results of inspections and analysis of current trends in offenses, supervisory authorities make forecasts regarding the implementation of legislation in the short and long term. Systematized inspection data is used to form the main block of the national report of government agencies on the use and current state of the country’s lands.

State land control - carried out by a specially authorized state body, state control over compliance with land legislation, requirements for the protection and use of land by organizations, regardless of their organizational and legal forms and forms of ownership, their managers, officials, as well as citizens. Municipal land control is municipal control over the use of land on the territory of a municipality carried out by local governments or bodies authorized by them. The specially authorized state body exercising state land control is the Office of the Federal Real Estate Cadastre Agency for a constituent entity of the Russian Federation (hereinafter referred to as the Office) and its territorial departments. A local government body or a body specially authorized by it exercising municipal land control (hereinafter referred to as the municipal land control body) is a body empowered to resolve issues of local importance and not included in the system of government bodies. State Inspector for the Use and Protection of Lands (hereinafter referred to as the State Inspector) is an official, specialist of the Department, exercising state land control. The person authorized to carry out municipal land control (hereinafter referred to as the municipal inspector) is an official, a specialist of the municipal land control body, municipal land control.

Verification of compliance with land legislation (as part of the implementation of municipal land control) is a set of actions of officials empowered to exercise municipal land control related to conducting an inspection in the form of an act of verification of compliance with land legislation and its annexes.

General provisions In accordance with Article 17 of the Land Code of the Russian Federation, the regulation on state land control, approved by Decree of the Government of the Russian Federation dated November 19, 2002 No. 833, the Regulations on the Federal Agency for the Cadastre of Real Estate, approved by Decree of the Government of the Russian Federation dated August 19, 2004 No. 418, state land control on of the territory of the subject of the Russian Federation is carried out by the Administration.

a) compliance with the requirements for the use of land; b) compliance with the procedure that excludes unauthorized occupation of land plots or their use without duly executed title documents; c) compliance with the procedure for assigning the right to use land; d) providing reliable information about the condition of the lands; e) timely fulfillment of duties to bring lands into a state suitable for use for their intended purpose, or their reclamation after completion of the development of mineral deposits (including common minerals), construction, logging, survey and other work carried out with disturbance of the soil layer, in including work carried out for on-farm and own needs; f) use of land plots for their intended purpose; g) timely and high-quality implementation of mandatory measures to improve lands and protect soils from water erosion, waterlogging, flooding, compaction, littering, pollution and to prevent other processes that worsen the quality of lands and cause their degradation; h) compliance with the requirements to prevent the destruction, unauthorized occupation and movement of the fertile soil layer, as well as damage to land as a result of violations of the rules for handling pesticides, agrochemicals or other substances and production and consumption waste hazardous to human health and the environment; i) execution of orders on compliance with land legislation and elimination of violations in the field of land relations issued by state inspectors; j) the presence and preservation of boundary signs of the boundaries of land plots; k) fulfillment of other requirements of land legislation on the use and protection of lands.

Municipal inspectors have the right: a) to exercise municipal land control over the use of land on the territory of a municipal entity in accordance with the legislation of the Russian Federation and in the manner established by regulatory legal acts of local government bodies; b) based on the results of inspections, draw up reports of inspections of compliance with land legislation (hereinafter - the Act) with mandatory familiarization with them by the owner, owner, users, tenants of land plots.

Municipal inspectors send materials to the Department if they identify signs indicating the presence of the following types of administrative offenses, liability for which is provided for in the articles of the Code of Administrative Offenses of the Russian Federation: 1.Article 7.1. Code of Administrative Offenses of the Russian Federation - unauthorized occupation of a land plot or use of a land plot without duly executed title documents for the land; 2.part 1 article 7.2. Code of Administrative Offenses of the Russian Federation - destruction of boundary signs of land boundaries; 3.Article 7.10. Code of Administrative Offenses of the Russian Federation - unauthorized assignment of the right to use land; 4.Article 8.5. Code of Administrative Offenses of the Russian Federation - concealment or distortion or untimely communication of complete and reliable information about the state of the environment and natural resources, about sources of pollution of the environment and natural resources or other harmful effects on the environment and natural resources, about the radiation situation, as well as distortion information on the condition of lands, water bodies and other objects of the natural environment by persons obliged to report such information; 5.si.8.6. Code of Administrative Offenses of the Russian Federation - unauthorized removal of the fertile layer of soil, destruction of the fertile layer of soil, as well as damage to land as a result of violation of the rules for handling pesticides and agrochemicals or other substances hazardous to human health and the environment, and production and consumption waste; 6.Article 8.7. Code of Administrative Offenses of the Russian Federation - failure to fulfill or untimely fulfillment of obligations to bring lands into a state suitable for use for their intended purpose, or for their reclamation after completion of the development of mineral deposits, including common minerals, construction, reclamation, logging, exploration and other work, including number of those carried out for on-farm or own needs; 7.Article 8.8.

The procedure for transferring inspection materials to the Department. Materials received during the inspection with the attachment of a copy of the certificate of registration of a legal entity, a certificate of assignment of a TIN, a certificate with bank details, documents confirming the right to use the land plot, an accompanying note and other documents confirming the presence of a violation of land legislation in 5 - a day after the inspection is sent to the Department for consideration and decision-making.

The procedure for conducting inspections and preparing primary documents

To verify compliance with orders to eliminate violations of land law legislation issued by state inspectors; - in the event that municipal inspectors discover sufficient data indicating the presence of land violations, or receive from state authorities, local governments, legal entities, individual entrepreneurs and citizens documents and evidence indicating the presence of signs of violation of land legislation.

Based on the results of each inspection carried out, a report is drawn up. Considering that, on the basis of materials from inspections of compliance with land legislation, the state inspector will make decisions on the guilt or innocence of persons of committing an administrative offense and bringing them to administrative responsibility. The act must contain the following necessary data: date, number and place of drawing up the act; surname, name, patronymic and position of the person who drew up the act; number of the inspection order; information about the witnesses who were present during the inspection of the land plot and the drawing up of the act; information about other persons who participated in the inspection; information about the land plot on which the inspection is being carried out; information about the person using the inspected land plot; signatures of all persons participating in the verification of compliance with land legislation.

Municipal land control refers to the activities of the authorities of municipalities in exercising powers over compliance with legislation in the field of land relations, on the procedure for use, ownership and disposal of land plots within the boundaries of the settlement.

According to the meaning of the law, all legal entities, regardless of their organizational and legal form, and individuals, including those registered as entrepreneurs, are obliged to comply with the legal regime in relation to the lands that are part of the city, settlement, district in the territory of which they live and carry out activities.

The implementation of municipal land control should be aimed at preventing violations of land legislation, searching for and identifying persons illegally and irrationally using land. For this purpose, inspections are carried out and the activities of land users and government authorities in disposing of land plots are monitored.

The main control function is measures to prevent violations of the rights of legal land users. Today this problem is very relevant. The economic crisis contributes to the mass migration of rural residents to cities, and therefore, cases of self-seizure of municipal lands and the construction of illegal housing on them have become more frequent.

Business entities have also been observed in the irrational use of land plots provided to them legally. After carrying out the work, unscrupulous organizations leave behind abandoned plots with gaping holes and scattered garbage

Powers of municipal land control bodies

The bodies whose tasks include municipal land control include administrations of districts, cities and settlements. Depending on the structure of local governments, independent legal entities in the form of institutions or departments within the administration may be created for control functions.

The powers of the bodies exercising the functions of municipal control include checking:

• to prevent unauthorized seizure of land, illegal transactions with land plots for the assignment of rights of use and exchange;
• proper registration of the right to lease land plots by persons who use them on the right of unlimited use;
• for compliance with the procedure for using land in accordance with its intended purpose;
• for bringing the land to its original condition after the work;
• for the presence of signs installed on the boundary boundaries of the site;
• for the mandatory work to restore the fertile soil layer after the completion of technical, construction and other work on the land plot;

Control procedure

Municipal land control is carried out by inspection based on the order of the head of the supervisory authority. The grounds for carrying out these checks are:

• Complaints from citizens and legal entities, information obtained from publications in newspapers, magazines, the Internet and television about violations;
• Identified violations during raids or inspections of land objects.

Inspections can be either scheduled, carried out once every three years, or unscheduled, if there are signs of violation of the law.

The schedule for conducting inspections must be agreed upon with the prosecutor's office, as the supervisory agency. Before the inspection begins, the person in respect of whom it is being carried out must be familiarized with the adopted order against signature. Service must be made a certain number of days in advance directly to the person being verified or by sending a registered letter with return receipt requested.

When conducting an inspection, employees of land supervision authorities have the right to freely enter the territory or object that must be inspected. Individuals and legal entities are inspected and must submit title documents for the land. If, as a result of the work of the supervisory authority, violations are identified, an act is drawn up, which sets out the essence of the offense.

The act must be drawn up in 2 copies and handed over to the person being inspected against signature.

If signs of an administrative offense are found in the actions of the persons being inspected, liability for which occurs according to the norms of the Code of Administrative Offenses of the Russian Federation, then simultaneously with the protocol, an order is issued to eliminate the violation within a certain period. Before drawing up a protocol, an explanation must be obtained from the violator. A person who disagrees with the results of the inspection has the right to appeal them by going to court.

The body authorized to consider administrative cases in the field of land relations is the state land supervision, to which all inspection materials are sent with an act and protocol on the identified violation for making a legal decision.

Based on the results of consideration of a case of an administrative offense and if the citizen or organization is guilty, an appropriate measure of liability may be applied in the form of a warning or a fine.

If, after paying the fine, the guilty person continues to carry out illegal actions, then a new inspection may be carried out and a more severe punishment imposed. If, through his actions or inaction, the violator caused damage to municipal property or other persons, then he is obliged to compensate for them. For this purpose, the owner or legal user has the right to file a claim in court, attaching verification materials.

In case of malicious actions that led to significant damage, the perpetrator may be held criminally liable

The procedure for providing municipal land has been significantly simplified and the time frame has been reduced, and therefore, it is easier for interested parties to go all the way to legal ownership of a land plot than to live in anticipation of liability and claims for compensation for losses caused, which can be very significant.