Legal regime of certain categories of land. Presentation on the topic: Subject, method, concept of land law

the subject of land law is
set of property and
non-property public
relations arising in the sphere
use, management, protection
lands regulated by norms
land law.

2. Sources of land law

international treaties ratified by Russia,
generally accepted principles and norms of international law;
federal laws (Land Code, Forest Code,
Water Code, other laws);
legal norms of executive authorities;
legislation of the constituent entities of the Russian Federation
Legal acts of local government bodies:
rules of land use and urban development
county/city;
a custom is one that has been established over a long period of time and
a widely used rule of conduct that is not enshrined in
legal norms.

3.Constitutional foundations of land law.

Constitutional foundations of land
rights are provisions contained
in the Constitution, establishing the foundations
regulation of land relations.
There are 3 groups of such norms:

1

The provisions that define
legal regime of land plots
(Article 9 of the Constitution; Article 36 of the Constitution
RF, according to which
land plots may be located in
various forms of ownership);

2

Norms defining subjects of competence
of the Russian Federation and constituent entities of the Russian Federation (Article 72 of the Constitution of the Russian Federation: to
issues are assigned to joint management
delimitation of state
land ownership; control,
disposal of federal property
on land is carried out by the Government of the Russian Federation;
issues are jointly managed
possession, use and disposal
lands);

3

Constitutional provisions
establishing citizens' rights to land
(Article 36 Part 1 – citizens and their associations
may be privately owned
land; Art. 35 – everyone can
own, use and dispose of
property of which he is the owner
is; no one can be deprived
property, except by court decision;
forced seizure of property
allowed only with equivalent
compensation).

Self-study

Question 4. System of land law.
Question 5. Principles of land law.
Question 6. Land legal
relationship.

7. Land and land plot as an object of land relations.

All land within the state
The borders of the Russian Federation are the land fund of Russia. On
today the land fund of Russia
is 1708.9 million hectares (without
territorial sea and internal waters).
Land fund (depending on
economic and economic
characteristics) according to intended purpose
is divided into 7 categories of land.

Land categories

1. Agricultural land – land
located outside the boundaries of populated areas and
provided or intended for agricultural needs
farms;
As part of agricultural land
a redistribution fund is allocated, which includes
escheated land plots, land plots seized
from state or municipal needs, or
land plots that were voluntarily abandoned.

Land categories

2. Lands of populated areas are lands
used and intended for
development of populated areas;
Lands of populated areas are always
separated by borders from other lands.

Land categories

3. Special purpose lands are
lands that are located outside the borders
settlements and are used or
intended for use in
relevant special purposes, and
rights to which arose on the grounds
provided for by land
legislation;

Land categories

4. Specially protected lands
territories are lands that
have special environmental protection,
scientific, historical and cultural,
recreational, aesthetic,
health and other valuable
appointments that are removed from
economic use and for
which have a special legal
mode;

Land categories

5. Forest fund lands - consist of
forest lands (these are covered with forest
vegetation, or
intended for her
restoration) and non-forest lands
(designed for forestry
farms);

Land categories

6. Lands of the water fund are lands
covered by surface water and
engaged in hydraulic engineering or
other structures,
located on water bodies;

Land categories

7. Reserve lands are lands
located in the state or
municipal property, not
provided to individuals and
legal entities (exception
make up the lands

Transfer of land or land plots

Transfer of lands or
land plots
is a procedure for changing the category of land
or land plots, regulated
special legal and regulatory
acts (Federal Law of December 21, 2004 “On the transfer

categories to another”, Land Code, others
federal laws and laws of subjects
RF). Mostly agricultural land is being transferred
destination and reserve land.

The decision on the transfer of land or land plots is made by the following authorities:

The Government of the Russian Federation - in relation to federal
lands;
Executive authorities of the constituent entities of the Russian Federation - in
regarding regional lands (lands
subjects of the Russian Federation) and agricultural lands
destinations located in private or
municipal property;
Local authorities – in relation to
other lands (municipal lands and private
lands, with the exception of lands
agricultural purposes).

The law provides for cases when
local governments can
carry out translation. Local authorities
self-government and state bodies
authorities may request a transfer
lands or land plots from one
categories to another without their consent
copyright holders, only in 2 cases: if
such a transfer is associated with the establishment or
changing the boundaries of a populated area, or
when creating specially protected natural
territories without seizure from the copyright holder. In
in all other cases, expression of will
must come from the owner or
copyright holder.

Transfer from one category to another
is considered valid from the moment
making an entry in a single
state register of rights (USRP) to
real estate and transactions with it.
Change of title
no documents required.

Land plot

Boundaries of the land plot in kind
are established by land surveying, which
is a type of cadastral work.
Land surveying is a preparatory stage for
cadastral registration. IN
As a result of land surveying, a land survey is drawn up
plan. The boundary plan is issued when
registration of a land plot, when
division of land plots, when accounting
changes to the land plot or its
parts.

The formation of land plots occurs:

when merging land plots;
when dividing land plots;
during the redistribution of land
plots;
when allocating land plots or
lands located in the state
or municipal property.

Requirements for the formation or change of land plots:

Limit maximum and minimum sizes of land
sites must meet the requirements
town planning regulations. If on a land plot
town planning regulations do not apply either to
it is not established in relation to the site, then the maximum dimensions
determined in accordance with the requirements of federal
laws (see Article 33 of the Land Code). If the dimensions
land plots do not meet the requirements
urban planning regulations, it is allowed to use
land plot, if it does not harm life and
human health, environment, cultural objects
heritage;

continuation

the boundaries of the land plots being formed should not cross the borders
municipalities and/or settlements;
when forming land plots should not lead to wedging,
interstriations, broken borders, impossibility of placing objects
real estate (capital construction and others) that impede
rational use, land protection, disadvantages, as well as
violate the requirements established by federal laws;
Such formation of land plots is not allowed, as a result of which
operation according to the permitted use is not possible.

8. Ownership of land.

State ownership of land.
There are two types of state property: federal property and
property of the constituent entities of the Russian Federation (regional). Features of subjects
state property in that they have the right of territorial
supremacy.
On behalf of the Russian Federation, the powers of the owner are exercised by: the Government of the Russian Federation, which
may delegate its powers to other federal authorities or
legal entities. The main such body is the federal agency
management of state property. Regarding regional lands
Authorities are established by the laws of the constituent entities of the Russian Federation.

Municipal property

On behalf of municipalities
the owner's powers are exercised
entities such as municipal
education: urban and rural
settlements, municipal areas,
urban districts and intracity
territories of Moscow and St. Petersburg. IN
regarding regional lands
Authorities are established by legal acts
local government bodies.

In accordance with the Civil Code, in the state
all lands are owned except
lands located in municipal or private
property (presumption of state
land ownership). The order of delimitation
state ownership of land
determined by the Land Code, the Law “On
entry into force of the Land Code”, the Law “On
state registration of rights to real estate
property and transactions with it.” In the municipal
property, as a rule, is land
areas located on the territory of these
formations.

State ownership of land arises:

State ownership of land
occurs:
according to the direct instructions of federal laws,


when delimiting state ownership of land;
additional grounds for the emergence of ownership rights to
land in the cities of Moscow and St. Petersburg: ownership
is the voluntary renunciation of property rights by individuals
to the corresponding land plot. Since the state
registration of termination of ownership of such land
plot, the right of ownership of Moscow or St. Petersburg arises, unless the laws of these constituent entities of the Russian Federation establish that
ownership of municipalities arises.

Municipal property arises:

under the direct instructions of Federal laws and laws of constituent entities of the Russian Federation;
on the grounds provided for by civil law
(e.g. transactions, administrative acts),
in the process of delimiting state ownership of land;
municipal property arises in relation to land
plots for which private ownership has been renounced
persons, unless federal laws provide otherwise. WITH
moment of state registration of termination of rights
ownership, municipal property of settlements arises,
city ​​districts or municipal districts, if land
The site is located in intersettlement areas.

Delineation of land ownership.
State property includes:
land plots on which buildings are located,
buildings, structures located in the federal
or regional ownership;
To the ownership of municipalities
relate:
land plots occupied by objects
owned real estate
municipality;
In Moscow and St. Petersburg during the delimitation
state property municipal
lands and land plots are not allocated.

Private ownership of land.

The subject is the physical and
legal entities.
An object of private property
are individually defined land plots

Types of property:

Types of property:
individual – one person;
general – two or more persons:
1) equity;
2) general joint.

Turnover capacity of a land plot (three types)

Turnover
land plot (three types)
withdrawn from circulation – federal property
(see paragraph 4 of article 27 of the Land Code);
land plots limited in circulation –
which may belong to individual
categories of persons, or being in circulation
which are allowed by special permission
(see Part 5 of Article 27 of the Land Code);
land plots available for circulation.

Other rights to land plots.

Other types of rights allow the non-owner of a land plot
satisfy one's needs by using someone else's
land plot.
There are 5 types of rights:
right of permanent (unlimited use);
lifelong inheritable ownership;
easement;
rent;
free urgent use.

Slide 2

Land Code of the Russian Federation of October 25, 2001 No. 136-FZ Federal Law of July 22, 2008 No. 141-FZ "On amendments to certain legislative acts of the Russian Federation regarding the improvement of land relations"

Slide 3

TOPIC No. 1 “Land law as a branch of law”

QUESTIONS: 1. Concept, subject and method of land law. 2. Principles of land law. 3. Sources of land law.

Slide 4

LAND LAW

SPECIAL IMPORTANCE OF RELATIONS AND NORMS GOVERNING THEM SPECIAL METHODS OF LEGAL REGULATION SPECIAL SUBJECT OF LEGAL REGULATION SPECIAL SOURCES

Slide 5

strong-willed social relations that have land as their object (Erofeev B.V. et al.) SUBJECT OF LAND LAW relations that arise between the state government and the local self-government, between legal entities and citizens regarding the ownership, use, disposal and management of the land fund and the protection of lands as the basis of the life and activities of the peoples living in the corresponding territory (Adikhanov F.Kh.) relations on the use and protection of lands in the Russian Federation as the basis for the life and activities of the peoples living in the corresponding territory (Clause 1 of Article 3 of the Land Code)

Slide 6

Property relations regarding the ownership, use and disposal of land plots, as well as transactions with them, are regulated by civil legislation, unless otherwise provided by land, forestry, water legislation, legislation on subsoil, on environmental protection, and special federal laws (clause 3 Art. 3 of the Land Code of the Russian Federation)! !

Slide 7

LAND AS AN OBJECT OF LAND RELATIONS

ELEMENT OF GEOGRAPHICAL LANDSCAPE PLANET TERRITORY (CONSTITUTIONAL LAW) LOCATION OF ECONOMIC AND OTHER ACTIVITIES?

Slide 8

ENVIRONMENTAL ELEMENT (LAND & ENVIRONMENTAL LAW) SOIL (LAND LAW) REAL ESTATE (CIVIL & LAND LAW)

Slide 9

Objects of land relations: - land as a natural object and natural resource - land plots - parts of land plots Land plot is a part of the earth's surface (including the soil layer), the boundaries of which are described and certified in the prescribed manner (clause 2 of article 6 ZK) Land plot is a part of the earth’s surface (including the soil layer), the boundaries of which are described and certified in the prescribed manner, as well as everything that is located above and below the surface of the land plot…. (Article 1 of the Federal Law “On the State Land Cadastre) LEGAL STATUS OF THE LAND: intended purpose registered in the prescribed manner, right of permitted use. Land plot is a part of the earth’s surface, the boundaries of which are determined in accordance with federal laws (Article 11.1 of the Land Code)

Slide 10

LAND (LAND) Forests Atmospheric air Fauna Water body Subsoil MAIN THING

Slide 11

WAYS OF DETERMINING THE LEGAL STATUS OF Z/U division of lands into categories according to their intended purpose agricultural lands PA lands special purpose lands lands of populated areas lands of the water fund lands reserve lands of the forest fund zoning of lands public and business industrial residential recreational engineering and transport infrastructures with/ x use of military facilities, Article 7 of the Land Code

Slide 12

Garden plot of land - land plot provided to a citizen or acquired by him for growing fruit, berries, vegetables, melons or other agricultural crops and potatoes, as well as for recreation (with the right to erect a residential building without the right to register residence in it and outbuildings and structures) (Article 1 of the Federal Law of April 15, 1998 No. 66-FZ “On horticultural, market gardening and dacha non-profit associations of citizens”)

Slide 13

Garden plot of land for growing agricultural crops and potatoes with the right to erect a residential building without the right to register residence in it. Granted to a citizen or purchased by him for recreation. THIS is with the right to erect economic buildings and structures

Slide 14

A dacha land plot is a land plot provided to a citizen or acquired by him for recreational purposes (with the right to erect a residential building without the right to register residence in it or a residential building with the right to register residence in it and economic buildings and structures, as well as with the right to grow fruit, berries, vegetables, melons or other agricultural crops and potatoes) (Article 1 of the Federal Law of April 15, 1998 No. 66-FZ “On horticultural, gardening and dacha non-profit associations of citizens”)

Slide 15

A dacha plot of land for recreational purposes with the right to erect a residential building without the right to register residence in it. Provided to a citizen or purchased by him/her for the cultivation of agricultural crops and potatoes, the construction of a residential building with the right to register residence in it, the construction of economic buildings and structures

Slide 16

REAL RIGHTS OF LAND PROPERTY RIGHT THE RIGHT OF LIFETIME INHERITABLE OWNERSHIP OF A LAND Servitude THE RIGHT OF PERMANENT (PERPETUAL) USE OF A LAND OBLIGATIONAL RIGHTS TO LAND TEMPORARY (TERM-TERM) USE EMLEI LAND RENT

Slide 17

Emphyteusis (the right of permanent land ownership) Limited real rights The right of development (superficies) The right to acquire someone else's immovable property Usufruct (the right of personal use) The right of issuance in rem The right of operational management The right of limited ownership of a land plot Easement Mortgage Easement for construction (supports) Easement for reclamation Easement for movement Communal easement Mountain easement Social use Independent Accessory DRAFT Civil Code of the Russian Federation

Slide 18

Land boundaries

Determination of the boundaries of the property by determining the coordinates of the characteristic points of such boundaries, i.e. points of change in the boundaries of the property and dividing them into parts Establishment Clarification

Slide 19

Slide 20

Clarification of the boundaries of the land plot

1. The location of the boundaries of the property is determined based on the information contained in the title document for the property. 2. the location of the boundaries of the property is determined based on the information contained in the documents that determined the location of the boundaries of the property during its formation 3. the boundaries of the property are boundaries that have existed on the ground for 15 years or more and are fixed by means of natural objects or objects of artificial origin , allowing you to determine the location of the boundaries of the property.

Slide 21

Land relations, in the regulation of which there is a possibility of contact between the norms of the civil law and the norms of the land plot:

1. Relations in which land acts as an object of property and other property rights. 2. Relations related to the circulation of land as an object of private property. 3. Obligatory relations, the object of which is land. 4. Relations arising regarding the land as a natural object. LAND thing natural object GP GP LAND public property private property GP GP GP GP GP GP

Slide 22

land law method

administrative-legal civil-legal Land-legal method

Slide 23

Principles of land law:

1. Regulation of land relations, taking into account the multifunctional role and significance of land. 2. The priority of protecting land as the most important component of the OS and means of production in agriculture and agriculture before using land as real estate. 3. Unity of fate of land plots and objects firmly connected with them. 4. Priority for the conservation of especially valuable lands and protected areas.

Slide 24

5. Payment for land use. 6. Dividing lands into categories taking into account their intended purpose. a) Participation of citizens and public organizations in resolving land issues. b) The combination of the interests of society and the legitimate interests of citizens. c) Distinction between state and municipal property. d) A differentiated approach to establishing the legal regime of lands. General legal principles Ordinary legal requirements

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PM.03 MDK 03.01 “Land legal relations” Topic: “Property rights and other rights to land” Krasnodar 2016

1. The concept of property rights 2. Types of rights to land 3. The basis, emergence and termination of rights to land 4. Rights and obligations of land owners

1. The content of the right of ownership is determined in Article 209 of the Civil Code of the Russian Federation. “The owner has the rights to own, use and dispose of his property.” These three powers exist for every owner and are reflected in the subjective rights of land owners, and are legally enshrined in their receipt of the title of owner, which is formalized in a certificate of ownership. The owner has the right, at his own discretion, to take any actions in relation to his property that do not contradict the law and do not violate the rights and interests of other persons, including transferring the rights of ownership, use and disposal of property to other persons, while remaining the owner. Pledge property and otherwise dispose of it. The right of ownership is the ability assigned to the owner to own, use and dispose of the property belonging to him. Possession is a property that legally provides the possibility of economic domination of the owner over a thing. Use - legally providing the opportunity to extract useful properties from a thing in the process of its personal consumption. Disposition - legally providing the opportunity to determine the fate of a thing by committing legal acts in relation to this thing.

2. Types of property: Private is the ownership of citizens in land plots, housing, houses, garden houses, garages, household and personal consumption items, cash, securities, enterprises in the production of goods, consumer services and trade, vehicles and other property. The owner can dispose of private objects at his own discretion (sell, bequeath, lease, etc.).

Individual property - the owner independently exercises the rights of ownership, disposal, use and appropriation.

General joint property is the property of joint ventures created with the participation of Russian legal entities and citizens, as well as foreign legal entities and citizens on the territory of the Russian Federation in the form of joint-stock companies, and other business entities and partnerships.

State property appears in the form of federal property and property of subjects (territories, regions, republics) of the Federation. It is managed by state property management committees at the appropriate levels. Objects of federal property are the property of the authorities and management of the Russian Federation (buildings, structures, equipment, cultural and historical values ​​of the country, air, river, land transport, State Budget funds, pension, insurance and other funds, communications, fuel and energy complexes, etc. .), which are necessary for the implementation of tasks at the country level. Also distinguished is the Federal property of the Subjects of the Russian Federation

Municipal property is the property of local authorities and management, i.e. it is managed by local authorities. This includes city, district, settlement property and property of rural settlements. Its objects are local budget funds, housing stock, heat, water, gas, electricity supply facilities, transport, public services, industrial and construction facilities, educational, cultural and healthcare institutions.

3. The basis for the change and termination of relations is legal facts, which must meet three requirements: a legal fact giving rise to legal property relations; specificity; connection with the law;

Grounds for the emergence of rights to land Rights to land plots arise on the grounds established by civil legislation, Federal Law, and are subject to state registration. Ownership of property that has an owner can be acquired by another person on the basis of a contract of sale, exchange, gift or other transaction on the alienation of this property In the event of the death of a citizen, the ownership of the property that belonged to him passes by inheritance to other persons in accordance with a will or law. In the event of a reorganization of a legal entity, the ownership of the property that belonged to him passes to legal entities - the legal successors of the reorganized legal entity. A person can acquire the right ownership of property that has no owner, property whose owner is unknown, or property that the owner has abandoned or to which he has lost ownership on other grounds provided by law

Grounds for termination of the right of ownership of a land plot The right of ownership of a land plot is terminated when the owner alienates his land plot to other persons, the owner renounces the right of ownership of the land plot, due to forced seizure from the owner of his land plot in the manner established by civil legislation.

4. According to Article 40 of the Land Code of the Russian Federation, the owner (proprietor) of a land plot has the right to: use, in the prescribed manner for his own needs, the common minerals available on his plot, fresh groundwater, as well as ponds and flooded quarries, in accordance with the legislation of the Russian Federation; erect housing, industrial, cultural, household and other buildings, structures, structures in accordance with the intended purpose of the land plot and its permitted use, in compliance with the requirements of urban planning regulations, construction, environmental, sanitary and hygienic, fire safety and other rules and regulations;

carry out drainage, irrigation, cultural and other reclamation works in accordance with the permitted use, build ponds and other water bodies in accordance with construction, environmental, sanitary and hygienic and other special requirements established by law; exercise other rights to use the site provided for by the legislation of the Russian Federation.

The owner also has the right to plant agricultural crops on the plot, owning subsequently received agricultural products and profits from its sale, except in cases where the plot was transferred by the owner to someone for permanent (indefinite) use, lifelong inheritable possession, leased or given away for free, urgent use.

The responsibilities of the owner of the plot are specified in the Land Code of the Russian Federation in Article 42, regardless of the category of land, and include: maintaining geodetic, boundary and other special signs established in accordance with the legislation of the Russian Federation; carry out measures to protect land, observe the procedure for using forests, water and other natural objects; promptly begin to use land plots in cases where the period for their development is provided for in contracts; Make payments for land on time;

Comply with the requirements of urban planning regulations, environmental, construction, sanitary and hygienic, fire safety and other rules and standards when using sites; Prevent pollution, degradation, littering and deterioration of soil fertility on lands of the relevant categories; Comply with other requirements provided for by the Land Code of the Russian Federation and federal laws.

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Concept and composition of the land fund of the Russian Federation PM.03 MDK 03.01 Land legal relations

The land fund of the Russian Federation is its entire territory, that is, all the land within the state borders of the country. Although individual parts of the land fund at any given moment may be objects of ownership and use of different entities, in general it is a single natural object.

State management of the land fund is a separate area of ​​government. The scope is the earth in the broad sense of the word. The subject of regulation is the system of land legal relations in the field of rational use and protection of land resources as an object of economic management. All lands that are located within the Russian Federation constitute a single land fund of the Russian Federation. It determines the existence of a general legal regime for all lands that make up the land fund of the Russian Federation, regardless of the form of land ownership, intended purpose and belonging to one or another category of land. All lands of the Russian Federation are divided into two types: - lands that are used as a spatial economic basis, a means of production; - lands that perform natural reserve, recreational, and health functions.

According to the Federal Real Estate Cadastre Agency, the area of ​​the land fund of the Russian Federation as of January 1, 2008 amounted to 1,709.8 million hectares, excluding internal sea waters and the territorial sea. Information on the availability and distribution of the land fund of the Russian Federation in the context of its subjects contains characteristics 86 subjects of the Russian Federation. In 2007, the formation of new subjects of the Russian Federation was completed: the Perm Territory as a result of the unification of the Perm Region and the Komi-Permyak Autonomous Okrug and the Krasnoyarsk Territory as a result of the unification of the Krasnoyarsk Territory, Taimyr and Evenki Autonomous Okrug. Information about the land fund of the Jewish Autonomous Region and the Amur Region was formed taking into account the resolution of the Federation Council of the Federal Assembly of the Russian Federation “On approval of changes in the border between the Jewish Autonomous Region and the Amur Region.”

categories of land 1) agricultural land (Chapter 14 of the Land Code of the Russian Federation). In this category, there are two types of land: land intended for agricultural production, that is, used as a production factor; lands provided for agricultural needs, i.e. used as a security, auxiliary factor - total area 455 million hectares, or 26.6%

2) lands of populated areas (settlements) (Chapter 15 of the Land Code of the Russian Federation). These include all lands that are located within the city, settlement territory, as well as the territory of settlements and those that are located outside the territory of settlements, but transferred to their jurisdiction - a total area of ​​20.9 million hectares, or 1.2 %

3) lands of industry, energy, transport, communications, radio broadcasting, television, computer science, lands for space activities, defense lands, security lands and lands for other special purposes (Chapter 16 of the Land Code of the Russian Federation). The specified lands can only be provided to organizations, enterprises and institutions in the manner established by federal legislation - the total area is 17.6 million hectares, or 1%

4) lands of specially protected territories and objects (Chapter 17 of the Land Code of the Russian Federation). These include lands that are of environmental, nature reserve, recreational, health, and historical and cultural nature - a total area of ​​31.6 million hectares, or 1.9%

5) forest lands (Chapter 18 of the Land Code of the Russian Federation). It includes all lands covered with forests and forest plantations, as well as lands not covered with forests, but intended for forestry needs - a total area of ​​1046.3 million hectares, or 61.2%

6) lands of the water fund. These lands include three types of lands: occupied by water bodies; allocated for right of way; water protection zones of water bodies - total area 19.9 million hectares, or 1.2%

7) reserve lands are neither under the right of ownership, nor under the right of lease, permanent (indefinite) use, lifelong inheritable possession, etc. Reserve lands constitute the unified reserve land fund of the Russian Federation, which is under the control of the federal executive bodies of state power in the region rational use and protection of land - total area 118.5 million hectares, or 6.9%.

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According to the Federal Real Estate Cadastre Agency, the area of ​​the land fund of the Russian Federation as of January 1, 2008 amounted to 1,709.8 million hectares, excluding internal sea waters and the territorial sea (Fig. 3.1). Information on the availability and distribution of the land fund of the Russian Federation in the context of its subjects contains the characteristics of 86 subjects of the Russian Federation. In 2007, the formation of new subjects of the Russian Federation was completed: the Perm Territory as a result of the unification of the Perm Region and the Komi-Permyak Autonomous Okrug and the Krasnoyarsk Territory as a result of the unification of the Krasnoyarsk Territory, Taimyr (Dolgano-Nenets) and Evenki Autonomous Okrug. Information about the land fund of the Jewish Autonomous Region and the Amur Region was formed taking into account the resolution of the Federation Council of the Federal Assembly of the Russian Federation “On approval of changes in the border between the Jewish Autonomous Region and the Amur Region.”

Why do we need an independent branch of law? Territorial basis of any economic activity Means of production in agriculture Natural object and natural resource Real estate object

Why do we need an independent branch of law? The priority of protecting land as the most important component of the environment and a means of production in agriculture and forestry over the use of land as real estate, according to which the ownership, use and disposal of land are carried out by the owners of land plots freely, if this does not cause damage to the environment of the Land Code of the Russian Federation, Art. .

Why do we need an independent branch of law? It is not permitted to refuse to grant ownership of land plots to citizens and legal entities that are in state or municipal ownership, with the exception of the following cases: - a ban on the privatization of land plots established by federal law; — reservation of land for state or municipal needs. Land Code of the Russian Federation, Art.

Subject of land law Relations on the use and protection of lands in the Russian Federation as the basis for the life and activities of peoples living in the corresponding territory (land relations). Property relations regarding the ownership, use and disposal of land plots, as well as transactions with them

Land legal relations Social relations between state authorities and local governments, enterprises, organizations, institutions and citizens regarding the ownership, use and disposal of land, which are within the scope of predominantly land legal and partly civil law norms in cases where these relations are not regulated by land law.

Land legal relations A number of authors divide relations regulated by land law into three groups: 1. Relations regarding the provision of land plots. 2. Relations regarding the use of land plots, in turn, are divided into relations regarding the use of land plots as a means of production and relations regarding the use of plots for construction. 3. Land protection relations - involve the protection of land plots from two types of negative impacts: anthropogenic and natural.

Method of land law Legal regulation contains both an imperative method of establishing obligations and prohibitions, and a dispositive method of recommendations, authorization, and delegation of certain rights to subjects of land legal relations.

Method of land law The tenant of a land plot, with the exception of residents of special economic zones - tenants of land plots, has the right to transfer their rights and obligations under the land plot lease agreement to a third party, including pledging the lease rights of the land plot and making them as a contribution to the charter capital of a business partnership or company or a share contribution to a production cooperative within the term of the land plot lease agreement without the consent of the owner of the land plot, subject to his notification, unless otherwise provided by the land plot lease agreement. Land Code of the Russian Federation, art.

Land law method Owners of land plots and persons who are not owners of land plots are obliged to use land plots in accordance with their intended purpose and belonging to a particular category of land and permitted use in ways that should not harm the environment, including the land as a natural object

System of land law The legal institutions of the General part of land law include such legal institutions as: - real rights to land; — turnover of land plots; — state management of land resources; — legal protection of lands; - liability for land violations.

System of land law The Special Part includes such legal institutions as: - legal regime of agricultural lands; — legal regime of lands in settlements; — legal regime of industrial and other special purpose lands; — legal regime of forest lands; — legal regime of water fund lands; — legal regime of lands in specially protected natural areas; — legal regime of reserve lands.

Correlation between land and civil law The tenant of a land plot, with the exception of residents of special economic zones - tenants of land plots, has the right to transfer his rights and obligations under the land plot lease agreement to a third party, including pledging the lease rights of the land plot and making them as a contribution into the authorized capital of a business partnership or company or a share contribution to a production cooperative within the term of the land plot lease agreement without the consent of the owner of the land plot, subject to his notification, unless otherwise provided by the land plot lease agreement. Land Code of the Russian Federation, art. 22, h.

Correlation between land and civil law When leasing a land plot located in state or municipal ownership for a period of more than five years, the tenant of the land plot has the right, unless otherwise established by federal laws, to transfer his rights and obligations in this regard within the term of the land plot lease agreement agreement to a third party, including the rights and obligations specified in paragraphs 5 and 6 of this article, without the consent of the owner of the land plot, subject to his notification. Land Code of the Russian Federation, art. 22, h.

The relationship between land and civil law If a land plot is transferred under a lease agreement to a citizen or legal entity, the tenant of the land plot has the right to pledge the lease rights of the land plot within the term of the land plot lease agreement with the consent of the owner of the land plot. Federal Law of July 16, 1998 No. 102-FZ “On Mortgage (Pledge of Real Estate)”, Art.

Correlation of land and civil law In accordance with paragraph 9 of Article 22 of the Land Code, the owner of a building located on a land plot of state and municipal lands, leased by him for a period of more than five years, simultaneously mortgaging the building and the rights under the lease agreement under one mortgage agreement plot, has the right to pledge these rights without the consent of the lessor with his notice. Information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated January 28, 2005 N 90 “Review of the practice of arbitration courts considering disputes related to a mortgage agreement”

Correlation between land and civil law Property relations regarding the ownership, use and disposal of land plots, as well as transactions with them, are regulated by civil legislation, unless otherwise provided by land, forestry, water legislation, legislation on subsoil, on environmental protection, and special federal laws . Land Code of the Russian Federation, art.

Principles of land law The principles of land law are understood as the fundamental principles on which the legal regulation of land relations is based. The systematic principles reflect the system of land law. Because of this, the principles of land law can be classified as general legal (constitutional), principles of the General part of land law and principles of its Special part.

Principles of land law General legal (constitutional). Principles of the General Part of Land Law. Principles of the Special Part of the Land Frame.

Principles of land law Recognition, observance and protection of the rights of citizens, including rights to land, as a duty of the state. Payment for the use of land, according to which any use of land is carried out for a fee, with the exception of cases established by the federal laws of the constituent entities of the Russian Federation. Priority of conservation of especially valuable lands and lands of specially protected areas

Principles of land law 1. Principles enshrined in the Land Code of the Russian Federation (a differentiated approach to establishing the legal regime of lands, according to which natural, social, economic and other factors must be taken into account when determining their legal regime). 2 Principles enshrined in other acts of land legislation (establishing the maximum size of the total area of ​​agricultural land that is located on the territory of one municipal district and can be owned by one citizen and (or) one legal entity).

The principle of the unity of fate of land plots and objects firmly associated with them All objects firmly associated with land plots follow the fate of land plots, with the exception of cases established by the federal laws of the Land Code of the Russian Federation, Art. 1 h. 1 p.

The principle of the unity of fate of land plots and objects firmly associated with them - The same subjective rights - The same rules for transactions - Consistency in the question of what is the “main thing” and what is the “accessory”

The principle of the unity of fate of land plots and objects firmly connected with them Alienation of a land plot without a building, structure, structure located on it is not allowed if they belong to one person Article 35, Part 4 of the Land Code of the Russian Federation Conclusion: the “main thing” is the land plot

The principle of the unity of fate of land plots and objects firmly connected with them The owner of a building, structure, structure located on someone else’s land plot has a preemptive right to purchase or lease a land plot Article 35, Part 4 of the Land Code of the Russian Federation Conclusion: the “main thing” is the building, structure, construction?

The principle of the unity of fate of land plots and objects firmly connected with them Unless otherwise established by federal laws, citizens and legal entities - owners of buildings, structures, structures have the exclusive right to privatize land plots or acquire the right to lease land plots. Article 36 Part 1 of the Land Code of the Russian Federation Conclusion: is the “main thing” a building, structure, structure?

Legal definition of real estate Immovable things (real estate, real estate) include land plots, subsoil plots and everything that is firmly connected to the land, that is, objects whose movement without disproportionate damage to their purpose is impossible, including buildings, structures, unfinished objects construction Article 130 of the Civil Code of the Russian Federation

Criteria contained in the legal definition of real estate Connection with the ground (monumentality, presence of a foundation, massiveness, strength, etc.) Impossibility of spatial movement of an object without compromising its purpose

Criteria contained in the legal definition of real estate If the owner of a building decides to separate one or more premises from the building, then when entries on the formation of independent real estate objects are entered into the register, the right of ownership of the building as a whole is terminated due to the loss of the legal regime of the real estate object by the building. which can be established as the right of ownership of one person, about which a corresponding entry is made in the register. Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated July 23, 2009 N 64 “On some issues in the practice of considering disputes regarding the rights of premises owners to the common property of a building”

Criteria contained in the legal definition of real estate Thus, the importance of the physical properties of a thing for its recognition as real estate is not absolute: recognition of an object as real estate is important for turnover

Criteria contained in the legal definition of real estate A person who has carried out unauthorized construction does not acquire ownership of it. It does not have the right to dispose of the construction - sell, donate, lease, or make other transactions. An unauthorized building is subject to demolition by the person who carried it out or at his expense Article 222 of the Civil Code of the Russian Federation

The criteria contained in the legal definition of real estate. A lease agreement for a future immovable property concluded in relation to an unauthorized construction (including under the condition of subsequent recognition of the lessor's ownership of the unauthorized construction) is void, since the acceptance by participants of civil circulation of obligations regarding unauthorized buildings are not allowed. Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated November 17, 2011 N 73 “On certain issues of the practice of applying the rules of the Civil Code of the Russian Federation on lease agreements”

Criteria contained in the legal definition of real estate Considering that an unauthorized construction is not property legally owned by the testator, it cannot be included in the estate. Resolution of the Plenum of the Supreme Court of the Russian Federation No. 10, Plenum of the Supreme Arbitration Court of the Russian Federation No. 22 dated April 29, 2010 “On some issues arising in judicial practice when resolving disputes related to the protection of property rights and other property rights”

Criteria for real estate, formulated by judicial practice Hydraulic structures do not have an independent functional purpose, were created solely for the purpose of improving the quality of land and serve only the land plot on which they are located, therefore they are an integral part of it and, in relation to Article 135 of the Civil Code, must follow the fate of this land plot. Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated January 17, 2012 N 4777/08 in case No. A 56 -31923/2006 (Verevo case)

Criteria for real estate, formulated by judicial practice The plaintiff, who demands recognition of his ownership of structures, does not have ownership rights to the land plot, as a result of which he cannot lay claim to auxiliary facilities. Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated January 17, 2012 N 4777/08 in case No. A 56 -31923/2006 (Verevo case)

Criteria for real estate, formulated by judicial practice Conclusions: - The right of ownership of an auxiliary structure cannot arise for anyone other than the owner of the land plot. — Auxiliary structures are not objects of real estate in the context of Article 130 of the Civil Code of the Russian Federation New criterion (attribute) of real estate: the presence of an independent (separate from the land) purpose of the object

Criteria for real estate, formulated by judicial practice Such structures as a mini-football field and a football field are improvements to a plot of land, which consist in adapting it to meet the needs of persons using the plot. The named structures are not independent immovable things, but represent an integral part of the land plot on which they are located Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated May 28, 2013 N 17085/12 in case N A 32 -29673/2011 (Radzievsky’s case)

Criteria for real estate, formulated by judicial practice Due to the fact that the mentioned structures are not things, a proprietary right cannot be registered on them. In relation to Article 135 of the Civil Code of the Russian Federation, their legal fate and ownership are determined by the ownership of the corresponding land plot. Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated May 28, 2013 N 17085/12 in case No. A 32 -29673/

Criteria for real estate, formulated by judicial practice The very fact of state registration of rights to such objects for third parties infringes on the interests of the owner of the land plot, and therefore the court has the right to give these objects a different qualification and not apply the rules on real estate to the relations of the parties Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated 05.28.2013 N 17085/12 in case N A 32 -29673/

Urban planning legislation, legislation on registration of rights The grounds for state registration of ownership of a real estate object being created or created, if the construction or reconstruction of such does not require the issuance of a building permit, are: - documents confirming the fact of the creation of such a real estate object and containing its description ; - a title document for the land plot on which such a real estate object is located. Federal Law of July 21, 1997 N 122-FZ “On state registration of rights to real estate and transactions with it”, Art. 25.

Town planning legislation, legislation on registration of rights The issuance of a building permit is not required in the case of construction of buildings and structures for auxiliary use on a land plot Town Planning Code of the Russian Federation Art. 51 h. 17 p.

Criteria for real estate, formulated by judicial practice The right of ownership (the right of economic management and operational management) can be registered in the Unified State Register only in relation to those things that, having the characteristics of real estate, are capable of acting in civil circulation as separate objects of civil rights. Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated September 24, 2013 N 1160/13 in case No. A 76 -1598/

Criteria for real estate, formulated by judicial practice According to the courts, the fence is an object of capital construction for auxiliary purposes, which implies its classification as real estate. However, the term “capital construction object” is a special concept of urban planning legislation, therefore it cannot replace the legal category “real estate object”, which has a different industry, volume and content. Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated September 24, 2013 N 1160/13 in case No. A 76 -1598/

Criteria for real estate, formulated by judicial practice Since the requirement for state registration of rights is established only in relation to real estate as a category of civil law, the conclusion about the need to extend the corresponding legal regime in relation to a particular capital construction project can be made in each specific case only taking into account the criteria established by the given norms of the Civil Code. Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated September 24, 2013 N 1160/13 in case No. A 76 -1598/

Criteria for real estate formulated by judicial practice Conclusion: An additional criterion for real estate has been formulated - the ability to act in civil circulation as an independent object of civil rights

Possible consequences for law enforcement Limitation of the scope of the provisions of Articles 35, 36 of the Land Code of the Russian Federation, Article 273 of the Civil Code of the Russian Federation: The construction of only auxiliary facilities on a land plot, even if there is state registration of ownership of them, does not entail the emergence of the right to acquire ownership of the plot in in the manner provided for in Article 36 of the Land Code. Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated March 19, 2013 N 12668/12 in case No. A 21 -6529/

Bogolyubov S. A. Land law: Textbook for bachelors. M.: Yurait-Izdat, 2013. Erofeev B.V. Land law: Textbook for universities. M.: Yurayt, 2012. Ikonitskaya I. A. Land law of the Russian Federation. M.: Norma, 2012. Krassov O.I. Land law: Textbook. M.: Norma: INFRA-M, 2012. Ulyukaev V. Kh., Churkin V. E., Nahratov V. V., Litvinov D. V. Land law: textbook. M.: Private law. 2010.

Adikhanov F. Kh. Correlation between the norms of civil law and the norms of land law in the regulation of land relations in the conditions of the land market // State and Law. 2001. No. 1. Volkov G. A. Principles of land law in Russia. M., 2005. Gros L. A. On the comparison of the concepts of “civil legislation”, “civil law”, “land legislation” and real rights to land // Journal of Russian Law. 2002. No. 9.

Novikov K. A. The concept of real estate in civil legislation // Bulletin of the Supreme Arbitration Court of the Russian Federation. 2014. No. 5 Kuznetsov M. The connection between land and building is a key feature of real estate // Economy and Law. 2013. No. 11. Taradanov R. A. On the issue of the admissibility of giving auxiliary buildings, structures, structures the status of real estate // Bulletin of the Supreme Arbitration Court of the Russian Federation. 2014 No. 6.

Sukhanov E. A. On the concept of real estate and its influence on other civil law categories // Sukhanov E. A. Problems of reforming the Civil Code of Russia: selected works. works 2008 -2012 M.,

1. Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated January 17, 2012 N 4777/08 in case No. A 56 -31923/2006 2. Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated May 28, 2013 N 17085/12 in case No. A 32 -29673/2011 3. Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated September 24, 2013 N 1160/13 in case N A 76 -1598/

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Land law is a set of legal norms regulating relations in the field of management, rational use and conservation of lands, both natural objects and real estate.

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The subject of land law is relations in the field of management, rational use and protection of lands, both natural objects and real estate.

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The method of land law is a way of regulating social relations directly related to land.

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In the legal literature there are: 1) an imperative method, which consists in establishing responsibilities, options for proper behavior and prohibitions for subjects of legal relations (to maintain the State Land Cadastre, land owners are required to report information about changes in the composition of their lands to the land resources and land management committees) .

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2) dispositive method. This is a method of legal influence in which subjects of land relations are given freedom to choose their actions. The owner has the right to dispose of his land plot: sell it, donate it, lease it or mortgage it. Land owners have the opportunity themselves, within certain limits), to regulate relationships with each other (for example, by establishing easements, i.e., using methods of private law regulation of land relations).

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Constitutional law is fundamental to land law. The Constitution of the Russian Federation establishes the guiding, initial principles of the land policy of the state and its entities. In accordance with Art. 9 of the Constitution of the Russian Federation, land is used and protected as the basis for the life and activities of the peoples living in the corresponding territory. The Constitution of the Russian Federation enshrines a variety of forms of ownership: land can be in private, municipal, state and other forms.

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Administrative law is “managerial” law, therefore land and administrative law are most closely related in terms of regulating social relations that develop in the sphere of land resource management in the Russian Federation, and which are characterized by the imperative method of legal influence.

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Civil law. Land law and civil law have the greatest contact in terms of regulating property relations arising in the sphere of land use (relations of ownership and other property rights to land, obligations relations). At the same time, civil and land law are based on a different approach to land. The object of a number of civil legal relations is land, or more precisely, land plots as real estate. Land law takes into account the social significance of land, its objective limitations and other natural properties. The central and main legislative act of civil law is the Civil Code of the Russian Federation, which contains quite a lot of rules relating to land (Articles 130, 131, Part 3 of Article 209, Article 216, Chapter 16, Chapter 17). Article 130. Immovable and movable things Article 131. State registration of real estate Chapter 16. Common property Chapter 17. Ownership and other property rights to land

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The GP has the closest connection with the GP. This connection especially strengthened with 1) the elimination of exclusive state ownership of land, 2) the establishment of private ownership of it, 3) the involvement of land in normal civil circulation, 4) with the recognition of land as real estate.

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The inextricable connection of land law with environmental law is manifested in the fact that land relations are regulated taking into account environmental requirements, just as one of the goals of the legal regulation of public relations by environmental law is to ensure the protection of the ecological connections of natural objects (including land).

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The connection of land law with forest, water, and mountain law is due to the organic unity of land and other natural resources. The approaches to regulating the relevant relations largely coincide, although they have their own specifics, sometimes significant. This concerns, first of all, the establishment of ownership of the relevant natural resources and the conclusion of civil transactions. Thus, private property extends almost only to land. At the same time, the use of other natural resources is possible with the simultaneous use of land. The closest connection can be traced between land and forest law. According to the Forest Code of the Russian Federation, forest lands are included in the forest fund.

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The corresponding regulations on water fund lands are available in the Water Code of the Russian Federation. A number of land legal norms are included in the Laws “On Agricultural Cooperation”, “On Natural Healing Resources, Medical and Health Areas and Resorts”, “On Registration of Rights to Real Estate and Transactions with It”, “On Mortgage (Pledge of Real Estate)” and other laws.

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Slide 14: Principles of land law

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1) taking into account the importance of land as the basis of human life and activity, according to which the regulation of relations on the use and protection of land is carried out on the basis of ideas about land as a natural object, protected as the most important component of nature, a natural resource used as a means of production in agriculture economy and forestry and the basis for carrying out economic and other activities on the territory of the Russian Federation, and at the same time as about real estate, about the object of ownership and other rights to land;

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Article 36 of the Constitution of the Russian Federation 1. Citizens and their associations have the right to have land in private ownership. 2. Possession, use and disposal of land and other natural resources are carried out by their owners freely, if this does not cause damage to the environment and does not violate the rights and legitimate interests of other persons. 3. The conditions and procedure for using land are determined on the basis of federal law. Criminal Code of the Russian Federation, Article 254. Damage to land 1. Poisoning, contamination or other damage to land with harmful products of economic or other activities due to violation of the rules for handling fertilizers, plant growth stimulants, pesticides and other dangerous chemical or biological substances during their storage, use and transportation, causing harm to human health or the environment - shall be punishable by a fine in the amount of up to two hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to eighteen months, or by deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years, or compulsory labor for a term of up to four hundred eighty hours, or correctional labor for a term of up to two years. 2. The same acts committed in an environmental disaster zone or in an environmental emergency zone are punishable by restriction of freedom for a term of up to two years, or forced labor for a term of up to two years, or imprisonment for the same term. 3. Acts provided for in parts one or two of this article, which through negligence resulted in the death of a person, are punishable by forced labor for up to five years or imprisonment for the same term.

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2) the priority of protecting land as the most important component of the environment and a means of production in agriculture and forestry over the use of land as real estate, according to which the ownership, use and disposal of land are carried out by the owners of land plots freely, if this does not cause damage to the environment;

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3) the priority of protecting human life and health, according to which, when carrying out activities on the use and protection of land, such decisions must be made and such types of activities carried out that would ensure the preservation of human life or prevent negative (harmful) effects on human health, even if this will require large expenses;

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Article 42 Everyone has the right to a favorable environment, reliable information about its condition and to compensation for damage caused to his health or property by environmental violations. Article 4. Objects of environmental protection Objects of environmental protection from pollution, depletion, degradation, damage, destruction and other negative impacts of economic and (or) other activities are components of the natural environment, natural objects and natural complexes.

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4) participation of citizens, public organizations (associations) and religious organizations in resolving issues relating to their rights to land, according to which citizens of the Russian Federation, public organizations (associations) and religious organizations have the right to take part in the preparation of decisions, the implementation of which may have an impact on the condition of lands during their use and protection, and state authorities, local governments, economic and other entities are obliged to ensure the possibility of such participation in the manner and in the forms established by law;

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5) the unity of fate of land plots and objects firmly associated with them, according to which all objects firmly associated with land plots follow the fate of land plots, with the exception of cases established by federal laws;

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6) the priority of preserving especially valuable lands and lands of specially protected areas, according to which a change in the intended purpose of valuable agricultural lands, lands occupied by protective forests, lands of specially protected natural territories and objects, lands occupied by cultural heritage sites, other especially valuable lands and lands specially protected areas for other purposes is limited or prohibited in the manner established by federal laws. The establishment of this principle should not be interpreted as denying or belittling the importance of lands of other categories;

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7) paid use of land, according to which any use of land is carried out for a fee, except for cases established by federal laws and laws of constituent entities of the Russian Federation;

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8) division of lands according to their intended purpose into categories, according to which the legal regime of lands is determined based on their belonging to a certain category and permitted use in accordance with the zoning of territories and legal requirements; ZK Art. 7 1) agricultural land; 2) lands of settlements; 3) lands of industry, energy, transport, communications, radio broadcasting, television, computer science, lands for space activities, lands of defense, security and lands of other special purposes; 4) lands of specially protected areas and objects; 5) forest lands; 6) lands of the water fund; 7) reserve lands.