Supervision over the use and protection of land. Control over the rational use and protection of land

^

Question 19. Control over the use and protection of land.

Control for the use and protection of land is an activity competent authorities aimed at ensuring compliance land legislation, requirements for the protection and use of land.

There are 4 types of control:

1. 
   state;
2. 
   municipal;
3. 
   public;
4. 
   industrial.

State land control .

The object of state land control is land plots and relations associated with their provision, use and withdrawal.

When implementing state land control, information is used State cadastre real estate; State land monitoring; industrial land control; State Fund data obtained as a result of land management and other information; surveys and measurements are carried out land plots and other actions provided for by the legislation of the Russian Federation.

Bodies exercising state land control:

1. 
   officials and bodies of Rosreestr exercise state land control in relation to all categories of land and, in particular, monitor compliance with the procedure for assigning the right to use land, compliance with the requirements of land legislation to prevent unauthorized occupation of land, unauthorized exchange of land and use of land without documents permitting certain economic activities on this area; fulfillment of the requirements for the presence and safety of boundary signs, compliance with the procedure for providing information on the state of land, compliance with regulations on compliance with land legislation and elimination of violations in the area land legal relations; direction for fulfilling the requirements of land legislation for the use of land for its intended purpose and fulfilling the obligation to bring the land into a state suitable for use for its intended purpose.
2. 
   The Federal Service for Supervision of Natural Resources, in particular, exercises control over:

1. 
   for fulfilling the obligation to reclaim land;
2. 
   to fulfill the requirements and mandatory measures to improve land and protect soils from processes that worsen the quality of land;
3. 
   for compliance with legal requirements to prevent the use of sites forest fund for certain purposes without special permits;
4. 
   for compliance with the regime of use of land plots and forests, in water protection zones And coastal strips water bodies.

1. 
   The Federal Service for Veterinary and Phytosanitary Control exercises control on agricultural lands and on agricultural land plots within lands settlements in particular:

1. 
   for compliance with measures to preserve and reproduce the fertility of agricultural lands;
2. 
   for compliance with the requirements for unauthorized occupation, displacement and destruction of fertile soil, as well as damage to land as a result of violation of rules for handling hazardous substances and production and consumption waste;

The end result of this function is:

1. 
   identifying and ensuring the elimination of violations of land legislation;
2. 
   execution by violators of land legislation of relevant orders to eliminate violations of land legislation;
3. 
   bringing the perpetrators to justice administrative responsibility.

A form of land control is inspections, which are of 2 types: scheduled and unscheduled inspections.

Legal facts for inspections are:

1. 
   inspection plans (approved by the heads of territorial bodies of Rosreestr quarterly, no later than 15 days before the planned period);

• 
  in relation to legal entities and individual entrepreneurs scheduled inspections for each land plot are carried out no more than once every 2 years;
• 
  in relation to a small business entity scheduled inspection carried out no earlier than 3 years from the date of its state registration.

1. 
   complaints and appeals from authorities state power and organs local government, officials, individuals and legal entities that there is a violation of land legislation;
2. 
   reporting in the media about violations of land legislation;
3. 
   acts of judicial authorities.

The timing of the inspection is established by the order to conduct the inspection. The period should not exceed 1 month. In cases provided for by law RF, the period can be extended to 1 month.

When carrying out inspections in relation to legal entities and individual entrepreneurs, the requirements of 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”.

By Government Decree of January 27, 2009, land control was classified as one of the types of state environmental control.

^Mmunicipal land control. Municipal land control is carried out by local governments or bodies authorized by them and extends to the territory of the municipality. Municipal land control is carried out in the manner established by the normative legal acts local government bodies.

^Opublic land control. Public land control is carried out by bodies of territorial public self-government (TPS), other public organizations for compliance established order preparation and adoption by authorities, local self-government bodies of decisions affecting the rights and legitimate interests provided Land Code, as well as compliance with the requirements for the use and protection of land.

^ Industrial land control . Carried out by owners, landowners, land users, tenants during the implementation economic activity on a specific plot of land.

Persons using a land plot are obliged, upon a written request from Rosreestr (but not more than once a year), to provide information on the organization of industrial land control. Heads of territorial bodies of Rosreestr develop and approve annual plans obtaining information about industrial land control.

Informational role to ensure control, monitors lands. Land monitoring is a system for monitoring the state of land.

The object of monitoring is all lands in the Russian Federation. Monitoring subsystems are distinguished depending on land categories.

During the monitoring process, surveys, surveys, filming and observations are carried out.

Monitoring includes the following actions:

1. 
   collection of information on the state of land, its processing and storage;
2. 
   continuous monitoring of land use
3. 
   analysis and evaluation quality condition lands.

Based on the monitoring results, scientific forecasts and recommendations, operational summaries and reports are compiled.

There are 3 types of monitoring depending on the object being studied:

1. 
   federal (the object is all lands of the Russian Federation);
2. 
   regional (the subject is the territory limited by administrative, economic, physical-geological and other boundaries);
3. 
   local monitoring (down to a separate plot of land).

^

Question 20. Land protection.

Conservation and protection of lands are different concepts. The legislator abandoned the legal definition of land protection.

1. 
   land conservation;
2. 
   land restoration;
3. 
   improving the favorable condition of the land.

Land protection is characterized by two categories and performs 2 functions: preventive (precautionary) and restorative.

Preventive measures:

1. 
   land protection programs are being developed:
2. 
   carrying out environmental assessment(state and public - depending on the object, the body that implements it);
3. 
   establishment in legislation of environmental, sanitary and hygienic requirements and standards, including the establishment of standards for maximum permissible concentrations harmful substances, harmful microorganisms and other soil pollutants, biological substances, non-compliance with which can lead to environmental soil pollution and degradation of natural ecological systems;
4. 
   the legislation establishes measures economic stimulation on the protection and proper use of land (eg, payment for environmental pollution);

Restoration measures:

1. 
   land reclamation ( regulations: Government Decree No. 140 dated 02.23.1994 “On land reclamation...”, Order of the Ministry of Nature Roskomzem dated 12.22.1995 No. 525/67 - the main provisions were approved)
2. 
   land reclamation,
3. 
   land conservation.

Land reclamation.

Decree of the Government of the Russian Federation dated February 23, 1994 No. 140 “On land reclamation, removal, preservation and rational use of fertile soil layer”; Order of the Ministry of Nature, Roskomzem dated December 22, 1995 No. 525/67.

Land reclamation is a set of works aimed at restoring the productivity and national economic value of disturbed lands, as well as improving environmental conditions.

Reclamation is aimed at restoring land for agricultural use. forestry, water management, for construction, recreational, environmental and sanitary protection purposes.

Bodies issuing permits for work that destroys the soil layer, bodies providing the corresponding land plots are obliged to determine the conditions for bringing disturbed lands into a state suitable for their further use, establish the procedure for removing, storing and further using the fertile layer.

A reclamation project is being developed, in which all conditions are defined. It must undergo an environmental assessment.

Acceptance of reclaimed land is carried out special commission, which is created locally.

Broken Lands – these are lands that have lost their economic value or are a source negative impact on the environment due to disturbance of the soil layer, hydrological regime and the formation of technogenic relief as a result of production activities.

^ Land reclamation.

Federal Law of January 10, 1996 “On land reclamation.”

Land reclamation - this is a radical improvement of land plots by carrying out hydraulic, cultural, chemical, agrotechnical and other reclamation measures.

There are 4 types of reclamation:

1. 
   hydromelioration;
2. 
   agroforestry;
3. 
   cultural and technical reclamation (as a rule, cleaning of land);
4. 
   chemical reclamation.

Reclamation is carried out for the purposes of:

• 
  increasing the productivity and sustainability of agriculture;
• 
  ensuring guaranteed production of agricultural products;
• 
  creating the necessary conditions for the involvement of unused and unproductive lands in agricultural circulation.

Land conservation.

Decree of the Government of the Russian Federation dated October 2, 2002 No. 830 (it approved the Regulations on the conservation of lands and their withdrawal from circulation).

Land conservation is carried out for the purposes of:

• 
  preventing land degradation;
• 
  restoration of soil fertility and contaminated areas.

Taking into account special surveys, decisions on land conservation are made by authorized state authorities or local governments. After such a decision is made, a land management project is developed, which determines the terms of conservation, activities, the sequence of activities, their cost, as well as proposals for further use after completion of conservation measures.

The authorities that made the decision on conservation inform the Rosreestr authorities about this.

Land plots, when a decision on conservation is made, are either withdrawn from circulation, but retained by their owners, landowners, land users, or transferred to reserve lands.

A special case of contamination is contamination with radioactive chemicals.

In accordance with Art. 14 of the Land Code of the Russian Federation, lands that have been exposed to radioactive or chemical pollution and on which the production of agricultural products that meet established requirements is not ensured, are subject to restrictions in use, exclusion from the category of agricultural lands and can be transferred to reserve lands for their conservation.

On such lands, the cultivation and sale of agricultural products is prohibited.

In order to rehabilitate lands affected radioactive contamination. Special environmental programs are being developed. The procedure for using lands subject to radioactive chemical contamination is determined in Government Decree No. 112 dated February 27, 2004.

Contaminated lands, depending on the degree of contamination, can:

1. 
   be transferred to reserve lands for conservation if it is impossible to ensure the safety of human health, required quality products produced on these lands, and in the absence effective technologies when restoring such lands;
2. 
   lands are used for their intended purpose with the establishment special conditions use and mode of activity on these lands in order to ensure the safety of human health and the required quality of products.

These two cases are established security zones, security signs indicating that these lands are contaminated.

1. 
   lands are used for their intended purpose without establishing special conditions of use or operating regime, if the level of pollution does not exceed established standards.

^ Losses from pollution . Persons as a result of whose activities pollution occurred are required to compensate for the losses caused, + are required to reimburse the costs of decontamination; expenses to bring the land into a condition suitable for using the land for its intended purpose, or reimburse the cost of the land plot in the event of transfer of the land to reserve land.
^

Question 21. Liability for land violations.

Responsibility must be understood in a twofold sense:

1. 
   legal liability How legal institute(V objective sense) is a set of legal norms establishing adverse consequences for committing an offense in the field of use and protection of lands and the procedure for imposing them on the offender;
2. 
   V subjective sense legal liability is the obligation of the person guilty of an offense to suffer adverse consequences, provided by law or a contract.

Main responsibilities:

1. 
   penalty (repressive-punitive);
2. 
   preventive and restorative (preventive);
3. 
   legal restoration (compensation).

The basis for liability is a land violation. Land violation - this is a guilty unlawful act that violates the rights, legitimate interests and (or) legal norms regulating relations in the field of use, management and protection of lands.

A feature of liability for land offenses is that bringing the perpetrators to criminal or administrative liability does not relieve them of the obligation to compensate for losses and eliminate the consequences of a land offense.

The offense includes 4 elements:

1. 
   an object;

Common object land offenses are legal relations in the field of use, management and protection of lands. Special object there may be relations of ownership of land, the procedure for maintaining a real estate cadastre, relations in the field of management.

1. 
   objective side;

Expressed in the form unlawful act(usually in the form of action or inaction), as well as causation between the consequence and the harm caused. Land offenses may have formal composition And material composition. May be characterized by optional elements ( misuse water protection zones - place of use);

1. 
   subject;

Any persons: citizens, legal entities, officials. They can be direct participants land relations(owners, landowners, land users), or can be indirect (with unauthorized seizure land plot);

1. 
   subjective side.

This is fault (intention or negligence). As a rule, offenses are committed with indirect intent.

Types of responsibility in the field of land use and protection:

1. 
   administrative responsibility;
2. 
   criminal liability;
3. 
   disciplinary liability;
4. 
   civil liability;
5. 
   land legal responsibility.

1. ^

   Land legal responsibility.

The question of the presence or absence of land legal liability is controversial.

Land legal liability is not accepted so often.

A specific sanction of land legal liability is the ownership of a land plot or the forced termination of rights to a land plot.

The specific procedure for applying this sanction is defined in Art. Art. 44–47, 54 ZK, 284–286 Civil Code, Article 6 of the Federal Law “On the turnover of agricultural land.”

Subjects: land owners, landowners, land users. Tenants of land legal liability don't carry, they bear civil liability.

The legislator established 2 various types procedure for applying land legal liability:

1. 
   termination of rights of landowners and land users;

Grounds for compulsory termination of the right to permanent imprisonment urgent use, the right to gratuitous temporary use, lifelong inheritable possession are defined in Art. 45 and 47 ZK.

Forced termination of these rights is carried out in the following order:

1. 
   in the presence of an offense under Art. 45 and 47 of the Land Code, the state land control body imposes administrative penalty and at the same time issues a warning about the need to eliminate the violation;
2. 
   this warning indicates the committed offense (its content, essence), sets a deadline for eliminating the committed offense; the rights of the farmer and land user in the event of forced termination of rights are explained; the possibility of forced termination of rights is indicated;
3. 
   If within deadline the violation will not be eliminated, the State Land Control body sends an application to the court about forced termination rights to land. After 10 days from the date of the decision, this body(which provided the site) notifies the body implementing the state registration rights to real estate or transactions with him.

1. 
   seizure from the owner.

The grounds for confiscation of land from the owner are:

1. 
   non-use of a land plot provided for agricultural production or construction for 3 years, if more long term not provided for by law (Article 8.8 of the Administrative Code);
2. 
   use of land with gross violation rules for the rational use of land established by land legislation;

In accordance with Art. 285 GK gross violation The rules of rational use mean the use of a land plot not for its intended purpose, as well as use that leads to a significant decrease in the fertility of agricultural land or to a significant deterioration of the environmental situation.

1. 
   improper use of agricultural land.

The Federal Law “On the turnover of agricultural land” provides for the improper use of agricultural land. Cases must be indicated in the Land Code of the Russian Federation.

If there are grounds, the right of ownership is forcibly terminated in judicial procedure by selling from public auction. In accordance with Article 286 of the Civil Code, 2 conditions are required for an authority to go to court:

1. 
   it is necessary to warn the owner in advance about the violations committed (clause 3 of Article 53 of the Land Code can be used by analogy);
2. 
   absent written agreement the owner of the land plot for the voluntary execution of the decision to seize the land plot.

The person who disposes of the relevant land plots must notify the owner of the decision to terminate ownership rights.

The State Land Control body applies to the court with a request to seize a land plot (although it is not directly defined by law). When confiscating agricultural lands, the authority applies to the court executive power of a constituent entity of the Russian Federation or, in cases established by law of a constituent entity of the Russian Federation, a local government body.

The proceeds from the auction are not fully reimbursed to the owner. Execution costs are deducted from it. court decision(Article 240 of the Civil Code by analogy).

1. ^

   Administrative liability for land violations.

Administrative offense - this is illegal culpable act or inaction of an individual or legal entity, for which the Code of Administrative Offenses or the laws of the subjects Russian Federation administrative responsibility is provided and established.

Subjects are individuals, including officials, and legal entities. In land legislation, legal entities have been considered as subjects of administrative liability since 1991.

An official is a person who is vested with organizational, administrative or administrative functions in government bodies, local government bodies, state or municipal institutions, armed forces, as well as a person who performs the functions of a representative of government by virtue of official position.

An individual can be brought to administrative liability from the age of 16. Bringing a legal entity to administrative liability does not relieve an individual (official) from administrative liability.

In accordance with the requirements of the Land Code, if a legal entity is brought to administrative liability for putting an object into operation, its construction, and as a result of such construction (commissioning) damage was caused to land plots, then the relevant officials are also subject to liability ( Chief Engineer or other person who performs related duties).

Main sanctions:

1. 
   administrative penalty;
2. 
   warning.

Three groups of land offenses for which liability is provided can be distinguished:

1. 
   offenses in the field of property rights and other rights to land (for example, unauthorized occupation of a land plot

use of land without properly executed documents);

1. 
   illegal acts that violate the rules for the use of land and their protection (for example, use other than for its intended purpose, non-use of a land plot for construction);
2. 
   acts that violate management rules in the field of land use and protection (for example, concealing information for maintaining a real estate cadastre).

The competence of the authorities to bring perpetrators to justice is established by Chapter. 23 of the Code of Administrative Offenses (mainly courts).

1. ^

   Civil liability for land violations.

There are two possible forms of civil liability:

1. 
   compensation in kind (restoration of the previous condition of the land plot);
2. 
   compensation for losses (Article 15 of the Civil Code).

In accordance with the Land Code, damage caused by land offenses is subject to compensation in in full in all cases (see Articles 76 and 62 of the Land Code).

There are two types of civil liability:

1. 
   negotiable – availability contractual connection between the offender and the victim;
2. 
   non-contractual (this type of liability is most often used).

When compensating for damage to a land plot as a natural resource, methods and fees are applied in accordance with Article 77 of the Federal Law “On Environmental Protection”.

A plot of land is not only a piece of real estate, but also part of the environment. If damage is caused to land as property, then the amount of damage is proved by the owner of the land.

1. ^

   Criminal liability for land offenses.

Two types of crimes for land offenses are provided for in the Criminal Code:

1. 
   damage to land (Article 254 of the Criminal Code);
2. 
   state registration of illegal transactions.

^ Damage to land (Article 254 of the Criminal Code).

For damage to land, both administrative and criminal liability is provided (depending on the consequences).

Corruption of lands is a deterioration in physical and biological properties soil, decrease in land value.

The object is public relations in the field of land use and protection.

Objective side- this is an action or inaction in the form of poisoning, pollution or other damage to land harmful products economic or other activities due to violation of the rules for handling fertilizers, plant growth stimulants, pesticides and other hazardous chemicals or biological substances during their storage, use and transportation.

A necessary condition is the onset of consequences:

This composition is material. A necessary condition is harm, which is expressed in causing harm to human health or environment.

Damage to the environment can be expressed in the death of a forest; death of animals; pollution of water bodies, air atmosphere; death of aquatic biological resources.

Harm to human health can be expressed:

• 
  causing severe, moderate, mild harm;
• 
  temporary or permanent disability;
• 
  health disorder.

Subject– special, this is a person who has reached the age of 16, storing, using or transporting the relevant substances.

^ Subjective side – intent (both indirect and direct), in the case of a person’s death – negligence towards this consequence.

Qualifying compositions:

1. 
   Part 2 provides for the commission of an act in an environmental disaster zone or in an environmental emergency zone;
2. 
   Part 3 – causing the death of a person by negligence.

State registration of illegal transactions with land plots (Article 170 of the Criminal Code).

3 compositions of the objective side:

1. 
   registration illegal transaction with a land plot, i.e. tradition legal force transaction without sufficient legal grounds;
2. 
   distortion accounts real estate cadastre, i.e. their inconsistency with the actual, qualitative, quantitative, legal characteristics land plot;
3. 
   deliberate understatement of payments for land (i.e. reduction land tax or rent).

Object – public relations in the field of accounting and turnover of land plots.

The subject is officials using their official position(officials of Rosreestr, officials of tax authorities).

The subjective side is direct intent, mandatory element the subjective side is self-interest or other personal interest.

1. ^

   Disciplinary liability for land violations.

The basis is a disciplinary offense. Disciplinary offense - is a failure to comply or improper execution employee through his fault assigned to him labor responsibilities.

The subject is special, this is a person who is in labor with the employer, official relations, i.e. is an employee whose duties include compliance with or implementation of land legislation (land managers, agronomists, machine operators and other persons).

The object is labor and land relations (in the field of use, management, protection of land).

Measures disciplinary liability established in the Labor Code (general: reprimand, reprimand, dismissal). The procedure for application is provided for in the Labor Code of the Russian Federation, legislation on state and municipal service, legislation on disciplinary liability of heads of administration, federal laws and other regulatory legal acts of the Russian Federation and constituent entities of the Russian Federation. Federal laws, charters, regulations on discipline may provide for additional measures responsibility.

Appropriate sanctions must be applied within a month from the moment of discovery.

The order to impose a penalty is announced against receipt. It can be appealed to the CCC and to court.

36. Legal protection lands. Control over the use and protection of land

The main task of monitoring compliance with the requirements of land legislation, rational use and protection of land is to ensure compliance with land legal norms, compliance established requirements(norms, rules, regulations), implementation of measures for the use and protection of land resources by state authorities, local government bodies, their officials, legal entities and citizens who own and use land plots. Control over the use and protection of lands refers to the activities of government bodies to carry out inspections of the condition of lands, implement measures for their protection, and comply with land legislation.
Distinguish the following types control:
- land monitoring;
- state control;
- production control;
- municipal and public control.
Land monitoring (Article 67 of the Land Code of the Russian Federation) is a system of monitoring the state of land fund to identify changes, evaluate them, prevent and eliminate negative processes.
The object of monitoring is all lands of the Russian Federation, regardless of the form of ownership and their intended use.
Depending on the purposes of surveillance, monitoring can be federal, regional and local.
Its tasks are:
1) timely identification of changes in the state of lands, their assessment, forecast and development of recommendations for the prevention and elimination of negative processes;
2) information support for maintaining land cadastre, state land control, as well as land management;
3) providing citizens with information about the state of the environment regarding the state of the land. State control for the use of land is defined in Art. 71 of the Land Code of the Russian Federation and the Regulations “On the procedure for exercising state control over the use and protection of lands”, approved by resolution Government of the Russian Federation December 23, 1993
State control is exercised by:
1) The Federal Land Cadastre Service exercises control over the condition of all lands, regardless of the form of ownership and intended use;
2) Ministry natural resources enforces environmental standards when using land plots;
3) Sanitary and epidemiological inspection bodies supervise compliance with sanitary and hygienic standards when using land plots;
4) The Ministry of Construction and Housing and Communal Services shall comply with building codes and rules.
Clause 10 of the Regulations defines the powers of regulatory authorities:
1) conducting inspections;
2) obtaining information regarding the condition of the land;
3) involvement of specialists if necessary, the conclusion of the competent management bodies;
4) overlay administrative fines;
5) issuing orders to eliminate the committed offense, etc. Industrial land control is specified in the Law of the Russian Federation “On Environmental Protection” natural environment"and in Art. 73 of the Land Code of the Russian Federation. This control is carried out by the owner of the land plot, land user, land owner, tenant of the land plot.
Municipal control is carried out by local self-government bodies or bodies authorized by them (Article 72 of the Land Code of the Russian Federation).
Public land control is carried out by territorial public self-government bodies, other public organizations, and citizens.
Public land control is carried out in order to comply with executive bodies state authorities and local government bodies have an established procedure for preparing and making decisions affecting subjective land rights and legally protected interests of citizens and legal entities.

Bibliography

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Law of the Russian Federation of December 19, 1991 “On the protection of the natural environment” // Gazette of the Congress of People's Deputies and the Supreme Council of the Russian Federation. 1992. No. 10. Art. 457; 1993. No. 29. Art. 1111.
Federal Law of January 10, 1996 No. 4-FZ “On Land Reclamation” // Collection of Legislation of the Russian Federation. 1996. No. 3. Art. 142.
Federal Law of June 24, 1998 No. 89-FZ “On Production and Consumption Wastes” // Collection of legislation of the Russian Federation. 1998. No. 26. Art. 3009.
Federal Law of July 19, 1998 No. 109-FZ “On safe handling with pesticides and agrochemicals” // Collection of legislation of the Russian Federation. 1998. No. 29. Art. 3510.
Federal Law of July 19, 1998 No. 113-FZ “On the Hydrometeorological Service” // Collection of legislation of the Russian Federation. 1998. No. 30. Art. 3609.
Decree of the President of the Russian Federation of December 16, 1993 No. 2162 “On strengthening state control over the use and protection of lands during land reform” // Collection of acts of the President and Government of the Russian Federation. 1993. No. 51. Art. 4935.
Decree of the President of the Russian Federation of August 13, 1998 No. 961 “On State Committee Russian Federation on environmental protection and hydrometeorology” // Collection of legislation of the Russian Federation. 1998. No. 33. Art. 3965.
Decree of the Government of the Russian Federation of July 15, 1992 No. 491 “On approval of the Regulations on land monitoring in the Russian Federation” // Collection of acts of the President and Government of the Russian Federation. 1992. No. 4. Art. 183.
Regulations on the procedure for conservation of degraded agricultural lands and lands contaminated with toxic industrial waste And radioactive substances. Approved by Decree of the Government of the Russian Federation of August 5, 1992 No. 555 // Collection of acts of the President and Government of the Russian Federation. 1992. No. 8. Art. 505.
Resolution of the Council of Ministers - Government of the Russian Federation of December 23, 1993 No. 1362 “On approval of the Regulations on the procedure for exercising state control over the use and protection of lands in the Russian Federation” // Collection of acts of the President and Government of the Russian Federation. 1994. No. 2. Art. 78.
Decree of the Government of the Russian Federation of February 23, 1994 No. 140 “On land reclamation, removal, preservation and rational use of the fertile layer of the earth” // Russian newspaper. 1994. March 5.
Decree of the Government of the Russian Federation of November 15, 1997 No. 1425 “On information services in the field of hydrometeorology and monitoring of environmental pollution” // Collection of legislation of the Russian Federation. 1997. No. 47. Art. 5410.
Decree of the Government of the Russian Federation of May 18, 1998 No. 460 “On approval of the Regulations on the conduct of state environmental control in closed administrative-territorial entities, in sensitive, especially sensitive and special important sites Armed Forces of the Russian Federation and the state environmental assessment of weapons and military equipment, military installations and military activities” // Collection of legislation of the Russian Federation. 1998. No. 21. Art. 2237.
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Control for the use and protection of lands is the activity of the competent authorities aimed at ensuring compliance with land legislation, requirements for the protection and use of lands.

There are 4 types of control:

1. state;

2. municipal;

3. public;

4. production.

State land control.

The object of state land control is land plots and relations associated with their provision, use and withdrawal.

When implementing state land control, information from the State Real Estate Cadastre is used; State land monitoring; industrial land control; State Fund of data obtained as a result of land management and other information; surveys, measurements of land plots and other actions provided for by the legislation of the Russian Federation are carried out.

Bodies exercising state land control:

1. officials and bodies of Rosreestr exercise state land control in relation to all categories of land and, in particular, monitor compliance with the procedure for assigning the right to use land, compliance with the requirements of land legislation to prevent unauthorized occupation of land, unauthorized exchange of land and use of land plots without documents permitting certain economic activities on this plot; compliance with the requirements for the presence and safety of boundary signs, for compliance with the procedure for providing information on the state of land, for compliance with the execution of instructions on compliance with land legislation and the elimination of violations in the field of land legal relations; direction for fulfilling the requirements of land legislation for the use of land for its intended purpose and fulfilling the obligation to bring the land into a state suitable for use for its intended purpose.

2. The Federal Service for Supervision of Natural Resources, in particular, exercises control over:

1) for fulfilling the obligation to reclaim land;

2) to fulfill the requirements and mandatory measures to improve land and protect soils from processes that worsen the quality of land;

3) for compliance with the requirements of the law on preventing the use of forest areas for certain purposes without special permits;

4) for compliance with the regime of use of land plots and forests, in water protection zones and coastal strips of water bodies.

3. The Federal Service for Veterinary and Phytosanitary Control exercises control on agricultural lands and on agricultural land plots within the lands of populated areas, in particular:

1) for compliance with measures to preserve and reproduce the fertility of agricultural lands;

2) for compliance with the requirements for unauthorized occupation, movement and destruction of fertile soil, as well as damage to land as a result of violation of the rules for handling hazardous substances and production and consumption waste;

The end result of this function is:

1. identifying and ensuring the elimination of violations of land legislation;

2. execution by violators of land legislation of the relevant instructions to eliminate violations of land legislation;

3. bringing the perpetrators to administrative responsibility.

A form of land control is inspections, which are of 2 types: scheduled and unscheduled inspections.

Legal facts for conducting inspections are:

1. plans for conducting inspections (approved by the heads of territorial bodies of Rosreestr quarterly, no later than 15 days before the planned period);

· in relation to legal entities and individual entrepreneurs, scheduled inspections for each land plot are carried out no more than once every 2 years;

· in relation to a small business entity, a scheduled inspection is carried out no earlier than 3 years from the date of its state registration.

2. complaints and appeals from state authorities and local governments, officials, individuals and legal entities that there is a violation of land legislation;

3. reporting in the media about violations of land legislation;

4. acts of judicial authorities.

The timing of the inspection is established by the order to conduct the inspection. The period should not exceed 1 month. In cases provided for by the legislation of the Russian Federation, the period can be extended to 1 month.

When carrying out inspections in relation to legal entities and individual entrepreneurs, the requirements of 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” must be observed.

By Government Decree of January 27, 2009, land control was classified as one of the types of state environmental control.

Municipal land control. Municipal land control is carried out by local governments or bodies authorized by them and extends to the territory of the municipality. Municipal land control is carried out in the manner established by regulations of local government bodies.

Public land control. Public land control is carried out by bodies of territorial public self-government (TPS), other public organizations for compliance with the established procedure for the preparation and adoption by authorities, local government bodies of decisions affecting the rights and legitimate interests provided for by the Land Code, as well as for compliance with the requirements for the use and protection of lands.

Industrial land control. Carried out by owners, landowners, land users, tenants in the course of carrying out economic activities on a specific land plot.

Persons using a land plot are obliged, upon a written request from Rosreestr (but not more than once a year), to provide information on the organization of industrial land control. Heads of territorial bodies of Rosreestr develop and approve annual plans for obtaining information on industrial land control.

Land monitoring plays an informational role in ensuring control. Land monitoring is a system for monitoring the state of land.

The object of monitoring is all lands in the Russian Federation. Monitoring subsystems are distinguished depending on land categories.

During the monitoring process, surveys, surveys, filming and observations are carried out.

Monitoring includes the following actions:

1. collection of information about the state of land, its processing and storage;

2. continuous monitoring of land use

3. analysis and assessment of the qualitative condition of the lands.

Based on the monitoring results, scientific forecasts and recommendations, operational summaries and reports are compiled.

There are 3 types of monitoring depending on the object being studied:

1. federal (the object is all lands of the Russian Federation);

2. regional (the subject is the territory limited by administrative, economic, physical-geological and other boundaries);

3. local monitoring (down to a separate land plot).

Supervision and control over the use and protection of land is the most important management function land resources. Since July 2011, the legislator has distinguished between state land control and control in the sphere of land use. Land supervision is included in the powers of the Russian Federation in the field of land relations (Article 9 of the Land Code of the Russian Federation). Under state land supervision refers to the activities of authorized federal executive bodies aimed at preventing, identifying and suppressing violations by state authorities, local governments, as well as legal entities, their managers and other officials, individual entrepreneurs, their authorized representatives and citizens of the requirements established by land legislation. Within land supervision authorized federal executive bodies, according to their competence, organize and conduct inspections of these persons, take measures to suppress and (or) eliminate the consequences of identified violations, and also carry out systematic monitoring of the implementation of the requirements of land legislation, analysis and forecasting of the state of implementation of the requirements of land legislation in the implementation by bodies state authorities, local governments, legal entities, individual entrepreneurs and citizens of their activities. Control over the use and protection of land (land control) - This special activity competent authorities and persons aimed at ensuring compliance with land legislation, requirements for the protection and use of land.

In conditions market economy land supervision and land control do not lose their importance, but, on the contrary, gain more higher value. Land legislation establishes the right of owners, landowners, land users and tenants to independently manage the land, but such activities should not cause damage to the environment and violate the rights and legitimate interests of third parties. In addition, when using land, these entities must fulfill the duties established by standards legislation.

By Decree of the President of the Russian Federation of March 9, 2004 No. 314 “On the system and structure of federal executive bodies” it was approved new system federal executive authorities, including federal ministries, federal services and federal agencies. The functions of control and supervision are assigned to federal services (services). In particular, the Federal Service for Supervision of Natural Resources and its territorial bodies exercise control over compliance with: fulfillment of duties for land reclamation after completion of development of mineral deposits (including common minerals), construction, land reclamation, logging, survey and other work, including work carried out for on-farm or own needs; fulfillment of requirements and mandatory measures to improve lands and protect soils from wind and water erosion and prevent other processes that worsen the quality of lands; compliance with the requirements of the legislation of the Russian Federation on preventing the use of forest areas without special permissions for use specified areas; regime for the use of land and forests in water protection zones and coastal strips of water bodies, etc. Federal Service for Veterinary and phytosanitary supervision and its territorial bodies exercise control over compliance with the requirements of land legislation on the use and protection of lands on agricultural lands and agricultural land plots within settlement lands. established scope activities (implementation of measures to preserve and reproduce the fertility of agricultural lands, compliance with requirements to prevent unauthorized removal, movement and destruction of the fertile soil layer, etc.). In general, the functions of state land control are assigned to Rosreestr. These bodies carry out their functions in cooperation with executive authorities of the constituent entities of the Russian Federation, local government bodies, law enforcement agencies, organizations, public associations, as well as citizens.

Only land supervision authorities are empowered to bring perpetrators to justice in accordance with established competence, as well as issuing warnings to persons guilty of violating land legislation about land violations.

The main principles of state land supervision are legality, the priority of measures to prevent offenses in the field of land relations and the inevitability of punishment for violations committed land legislation, restoration of violated rights of land owners and land users.

The bodies exercising state land supervision have common task- ensuring compliance by all individuals, officials and legal entities with the requirements for the protection and use of land for the purpose of its most effective and rational use.

State land supervision is carried out in the form of inspections. The inspections carried out can be of two types: scheduled and unscheduled. Planning is carried out in relation to each land plot in accordance with plans approved in the prescribed manner. Unscheduled - to check the execution of orders to eliminate previously identified violations of land legislation; in case of receipt from state authorities, local governments, legal entities and citizens of documents and other evidence indicating the presence of signs of violations of land legislation.

Activities for state land supervision in relation to legal entities and individual entrepreneurs are carried out in accordance with the requirements Federal Law“On the protection of the rights of legal entities and individual entrepreneurs during state control (supervision).”

According to the State Report on the state and use of lands of the Russian Federation, during 2005, state land inspectors carried out 140,205 inspections on an area of ​​80,018.52 thousand hectares, which is 37.7% less than in 2004. During 2006. 164,797 inspections of compliance with land legislation have already been carried out on an area of ​​55,117.95 thousand hectares (which is 17.5% more than in 2005), during 2007 - more than 219,000 inspections (which is 30% more than in 2006).

During 2010 in the Russian Federation government inspectors on the use and protection of lands, 272,578 inspections of compliance with land legislation were carried out, inspections covered 11,787.7 thousand hectares of land. The number of inspections decreased by 1.42% compared to 2009 (by 3,925 inspections).

In 2010 greatest number inspections of compliance with land legislation were carried out in the Republic of Bashkortostan (23,087), Sverdlovsk region(16,570), Republic of Tatarstan (12,678), Rostov region(12,068), Krasnodar region (11,819), Stavropol region (9496), Orenburg region(7170), Krasnoyarsk Territory (6899), Perm Territory (6642), Tver Region (6548), Volgograd region(6435), Altai Territory (6095), Nizhny Novgorod region(5962), Moscow region (5546), Saratov region(5076), Chuvash Republic (4273), Penza region (3986), Arkhangelsk region and Nenets Autonomous Okrug (3744), Kaluga region(3740), Moscow (3637). It should be noted that the number of combined inspections in these regions is about 59.2% of total number inspections throughout the Russian Federation as a whole.

Depending on the bodies exercising land control, there are three types: municipal, public and industrial. All types of land control are interrelated and ultimately have a common goal - to ensure the rational use and protection of land.

Municipal land control carried out by local governments and extends to the territory of the municipality. Municipal land control is carried out in accordance with the legislation of the Russian Federation and in the manner established by regulatory legal acts of local government bodies.

Laws of the constituent entities of the Russian Federation - cities federal significance In Moscow and St. Petersburg, the powers of local governments to exercise municipal land control and establish the procedure for its implementation can be attributed to the powers of state authorities of these constituent entities of the Russian Federation.

In order to effectively detect and suppress land offenses, the territorial bodies of Rosreestr have entered into agreements with the bodies exercising municipal land control. Officials those exercising municipal land control identify violations of land legislation.

It is necessary to distinguish from state and municipal control public land control, which is carried out by bodies of territorial public self-government, other public organizations (associations), citizens for compliance with the established procedure for the preparation and adoption by executive bodies of state power and local government bodies of decisions affecting the rights and legitimate interests of citizens and legal entities provided for by the Land Code of the Russian Federation, as well as for compliance with the requirements use and protection of lands. For example, the Federal Law “On gardening, gardening and dacha non-profit associations of citizens” provides for the possibility of formation by decision general meeting(meetings of authorized) horticultural, market gardening and summer cottage non-profit association commission of such an association for monitoring compliance with legislation.

Clause 3 of Art. 31 of the RF Land Code provides for the right of citizens to public organizations(associations), religious organizations and bodies of territorial public self-government to participate in resolving issues affecting the interests of the population, religious organizations and related to the seizure, including through redemption, of land plots for state and municipal needs and provision of these land plots for construction. Federal Law of February 9, 2009 No. 8-FZ “On ensuring access to information about activities government agencies and local governments" provides for this form public control, as the presence of citizens ( individuals), including representatives of organizations (legal entities), public associations at meetings of collegial government bodies and collegial bodies local government. The presence of these persons at these meetings is carried out in accordance with the regulations of state bodies and local governments or other regulatory legal acts.

Industrial land control carried out by the owner of the land plot, land user, land owner, tenant of the land plot in the course of economic activities on the land plot. A person using a land plot is obliged to provide information about the organization of industrial land control in authorized body state land supervision or the authorized body of municipal land control in the manner established by the Government RF. Basically, this form of control as industrial land control is applicable to legal entities who are obliged to conduct examinations and checks in relation to the land plots assigned to them. Production control carried out by officials or specially authorized persons, for example, in agricultural organizations - land managers. Organizations can create special services, vested with appropriate powers in the field of industrial land control.

An important role in information support control over the use and protection of land plays state monitoring of lands, which is a system of observing the state of the land. Objects state monitoring lands are all lands in the Russian Federation.

In the process of land monitoring, systematic, comprehensive observations, surveys, surveys, and surveys are carried out. Monitoring activities are related to the use technical means, taking samples, carrying out analyzes and measurements of soil composition, their physical condition and so on. Obtaining information during monitoring can be done using: remote sensing (recording and observation from spacecraft, aircraft, with the help of small aircraft and other aircraft), a network of permanent testing grounds, boundary markers, ground surveys, observations and surveys (continuous and selective), and corresponding data funds.

In many regions of the Russian Federation, the lack of relevant cartographic basis does not allow solving the assigned monitoring tasks. Available in most regions of the Russian Federation topographic maps date back to the mid-80s - early 90s. last century. The pace of work on centralized map updating has decreased significantly, while last years the state of the agricultural landscape has changed significantly, especially in intensively developing regions. To ensure the functioning of monitoring, new tools and technologies, observation systems, collection and processing of information are being introduced, including those based on Earth remote sensing data as the most objective and efficient in application.

Currently, remote monitoring (primarily satellite) makes it possible to obtain objective information throughout the territory. The update time for this information ranges from several days to 1 year (depending on many factors, including its spatial resolution).

An assessment of the dynamics of land use and condition based on comparative analysis multi-temporal cartographic materials, Earth remote sensing data and ground surveys in order to identify scenarios for the development of processes and forecast the situation is based on the use of modern geoinformation technologies.

Land monitoring is carried out federal authorities executive power, executive bodies of constituent entities of the Russian Federation and local government bodies in accordance with their powers.

Since 1996, a multi-level information base land monitoring, is being constantly improved current system forecasting, preventing and eliminating the consequences of negative processes. Land monitoring has subsystems according to land categories (monitoring of agricultural lands, monitoring of settlement lands, etc.). Monitoring is carried out throughout the Russian Federation using a unified system.

Depending on the purposes of observation and the observed territory, state monitoring of lands can be federal (covers the entire territory of the Russian Federation), regional (covers territories limited by physical-geological, economic, administrative and other borders) and local (conducted in the territory below regional level, down to the territories of individual land users and elementary structures of landscape-ecological complexes).

Monitoring includes: collection of information on the state of lands in the Russian Federation, its processing and storage; continuous monitoring of land use based on their intended purpose and permitted use; analysis and assessment of the qualitative condition of lands, taking into account the impact of natural and anthropogenic factors. Based on the results of assessing the state of the land, operational reports, reports, scientific forecasts and recommendations are compiled, with thematic maps, diagrams and tables attached to them, characterizing the dynamics, direction and development of changes, especially those of a negative nature.

Currently, relations regarding the implementation of land monitoring are regulated by the Regulations on the implementation of state land monitoring, approved by Decree of the Government of the Russian Federation of November 28, 2002 No. 846.

• Territorial public self-government- self-organization of citizens at their place of residence on part of the territories of the municipality (territories of settlements that are not municipalities, microdistricts, blocks, streets, courtyards and other territories) for independent or under their own responsibility implementation of their own initiatives in matters of local importance directly by the population or through the bodies of territorial public self-government created by them.
• NW RF. 2002. No. 49. Art. 4882.