Article 260. General provisions on the ownership of land
1. Persons who own a land plot have the right to sell, donate, pledge or lease and dispose of it in a different way (Article 209) insofar as the relevant land is not excluded from circulation or is not limited in circulation on the basis of the law.
2. On the basis of the law and in accordance with the procedure established by it, agricultural and other purpose lands are determined, the use of which for other purposes is not allowed or is limited. The use of a land plot classified as such land can be carried out within the limits determined by its intended purpose.
Footnote deleted. - Federal Law of 04.16.2001 N 45-FZ.
Article 261. Land plot as an object of ownership
1. Abolished. - Federal Law of 04.12.2006 N 201-FZ.
2. Unless otherwise provided by law, the ownership of a land plot extends to the surface (soil) layer located within the boundaries of this plot and water bodies, plants on it.
(as amended by Federal Laws of 03.06.2006 N 73-FZ, of 04.12.2006 N 201-FZ)
3. The owner of a land plot has the right to use at his own discretion everything that is above and below the surface of this plot, unless otherwise provided by the laws on subsoil, on the use of airspace, other laws and does not violate the rights of other persons.
Article 262. Land plots for general use. Access to the land
1. Citizens have the right to freely, without any permits, be on land plots not closed for public access, which are in state or municipal ownership, and use the natural objects available on these plots within the limits allowed by law and other legal acts, as well as by the owner of the corresponding land. plot.
2. If the land plot is not fenced or its owner has not otherwise clearly indicated that entering the plot without his permission is not allowed, any person can pass through the plot, provided that this does not cause damage or disturbance to the owner.
Article 263. Development of a land plot
1. The owner of a land plot can erect buildings and structures on it, carry out their restructuring or demolition, permit construction on his site to other persons. These rights are exercised subject to the observance of town planning and building codes and regulations, as well as requirements for the designated purpose of the land plot (paragraph 2 of Article 260).
(as amended by Federal Law of 26.06.2007 N 118-FZ)
2. Unless otherwise provided by law or agreement, the owner of a land plot acquires the right of ownership to a building, structure and other immovable property erected or created by him for himself on the plot belonging to him.
The consequences of unauthorized construction made by the owner on the land plot belonging to him are determined by Article 222 of this Code.
Article 264. Rights to land of persons who are not owners of land plots
1. Land plots can be provided by their owners to other persons on the terms and in the manner prescribed by civil and land legislation.
(Clause 1 as amended by Federal Law of 26.06.2007 N 118-FZ)
2. A person who is not the owner of a land plot exercises the rights of ownership and use of the plot belonging to him on the terms and within the limits established by law or by an agreement with the owner.
3. The owner of a land plot, who is not the owner, is not entitled to dispose of this plot, unless otherwise provided by law.
(as amended by Federal Law of 26.06.2007 N 118-FZ)
Article 265. Grounds for acquiring the right of life-long inheritable possession of a land plot
The right to life-long inherited ownership of a land plot in state or municipal ownership is acquired by citizens on the grounds and in the manner prescribed by land legislation.
Article 266. Possession and use of a land plot on the basis of the right of inherited life possession
1. A citizen who has the right of inherited life tenure (owner of a land plot) has inherited rights to own and use a land plot.
2. Unless otherwise follows from the conditions for the use of a land plot established by law, the owner of the land plot has the right to erect buildings, structures on it and create other immovable property, acquiring the right of ownership to it.
Article 267. Disposal of a land plot in inheritable life possession
Disposal of a land plot that is in inherited life possession is not allowed, except for the case of transfer of the right to a land plot by inheritance.
Article 268. Grounds for acquiring the right to permanent (unlimited) use of a land plot
1. The right to permanent (indefinite) use of a land plot that is in state or municipal ownership is granted to a state or municipal institution, a government enterprise, a state power body, a local self-government body on the basis of a decision of a state or municipal body authorized to provide land plots for such use.
(as amended by Federal Laws of 04.12.2006 N 201-FZ, of 26.06.2007 N 118-FZ)
2.
3. In the event of the reorganization of a legal entity, the right of permanent (unlimited) use of the land plot belonging to it shall be transferred by way of succession.
(as amended by Federal Law of 26.06.2007 N 118-FZ)
Article 269. Possession and use of land on the basis of the right of permanent (unlimited) use
1. The person to whom the land plot has been provided for permanent (unlimited) use shall possess and use this land plot within the limits established by law, other legal acts and the act on the provision of the land plot for use.
(as amended by Federal Law of 26.06.2007 N 118-FZ)
2. A person to whom a land plot has been provided for permanent (unlimited) use has the right, unless otherwise provided by law, to independently use the plot for the purposes for which it is provided, including the construction of buildings, structures and other real estate for these purposes on the site. Buildings, structures, other immovable property created by this person for himself are his property.
(as amended by Federal Law of 26.06.2007 N 118-FZ)
Article 270. Abolished. - Federal Law of 04.12.2006 N 201-FZ.
Article 271. The right to use a land plot by the owner of real estate
1. The owner of a building, structure or other real estate located on a land plot belonging to another person has the right to use the land plot provided by such a person for this property.
(as amended by Federal Law of 26.06.2007 N 118-FZ)
The paragraph is no longer valid. - Federal Law of June 26, 2007 N 118-FZ.
2. Upon transfer of ownership of real estate located on someone else's land plot to another person, he / she acquires the right to use the corresponding land plot on the same conditions and in the same amount as the previous owner of real estate.
(as amended by Federal Law of 26.06.2007 N 118-FZ)
The transfer of ownership of a land plot is not a ground for termination or change of the right to use this plot belonging to the owner of real estate.
3. The owner of real estate located on someone else's land plot has the right to own, use and dispose of this real estate at his own discretion, including demolishing the corresponding buildings and structures, insofar as this does not contradict the terms of use of this land plot established by law or agreement.
Article 272. Consequences of the loss by the owner of real estate of the right to use the land plot
1. Upon termination of the right to use a land plot granted to the owner of immovable property located on this plot (Article 271), the rights to real estate left by its owner on the land plot are determined in accordance with an agreement between the owner of the plot and the owner of the respective immovable property.
2. In the absence or failure to reach an agreement specified in paragraph 1 of this article, the consequences of the termination of the right to use the land plot are determined by the court at the request of the owner of the land plot or the owner of real estate.
The owner of the land plot has the right to demand in court that the owner of the real estate, after the termination of the right to use the land, release him from the real estate and bring the land back to its original state.
In cases where the demolition of a building or structure located on a land plot is prohibited in accordance with the law and other legal acts (residential buildings, historical and cultural monuments, etc.) or is not subject to implementation due to a clear excess of the cost of a building or structure in comparison with the cost of the land allotted for it, the court, taking into account the grounds for terminating the right to use the land plot and upon presentation of appropriate requirements by the parties, may:
recognize the right of the owner of real estate to acquire ownership of the land plot on which this property is located, or the right of the owner of the land plot to acquire the remaining real estate on it, or
to establish the conditions for the use of the land plot by the owner of the real estate for a new period.
3. The rules of this article shall not apply to the seizure of a land plot for state or municipal needs (Article 283), as well as the termination of rights to a land plot due to its improper use (Article 286).
Article 273. Transfer of the right to a land plot upon alienation of buildings or structures located on it
Upon the transfer of ownership of a building or structure that belonged to the owner of the land plot on which it is located, the ownership of the land plot occupied by the building or structure and necessary for its use is transferred to the acquirer of the building or structure, unless otherwise provided by law.
(as amended by Federal Law of 26.06.2007 N 118-FZ)
Part two is no longer valid. - Federal Law of June 26, 2007 N 118-FZ.
Article 274. Right of limited use of someone else's land plot (easement)
1. The owner of immovable property (land plot, other real estate) has the right to demand from the owner of a neighboring land plot, and, if necessary, from the owner of another land plot (neighboring plot), the granting of the right to limited use of the neighboring plot (easement).
An easement can be established to ensure passage and passage through a neighboring land plot, the laying and operation of power lines, communications and pipelines, water supply and land reclamation, as well as other needs of the owner of real estate, which cannot be provided without establishing an easement.
2. The encumbrance of a land plot with an easement does not deprive the owner of the plot of the rights to own, use and dispose of this plot.
3. The easement is established by agreement between the person requiring the establishment of the easement and the owner of the neighboring plot and is subject to registration in the manner prescribed for the registration of rights to real estate. In case of failure to reach an agreement on the establishment or conditions of the easement, the dispute shall be resolved by the court at the suit of the person requiring the establishment of the easement.
4. On the conditions and in accordance with the procedure provided for in paragraphs 1 and 3 of this article, an easement may also be established in the interests and at the request of the person to whom the plot is granted on the basis of the right of inherited life possession or the right of permanent (unlimited) use, and other persons in the cases provided for by federal laws.
(as amended by Federal Laws of 26.06.2007 N 118-FZ, of 30.12.2008 N 311-FZ)
5. The owner of a plot encumbered with an easement shall have the right, unless otherwise provided by law, to demand from the persons in whose interests the easement has been established, a commensurate payment for the use of the plot.
Article 275. Retention of easement upon transfer of rights to a land plot
1. The servitude remains in the event of the transfer of rights to the land plot, which is encumbered with this servitude, to another person.
2. An easement cannot be an independent subject of sale and purchase, a pledge and cannot be transferred in any way to persons who are not the owners of real estate, to ensure the use of which the easement is established.
Article 276. Termination of servitude
1. At the request of the owner of a land plot encumbered with an easement, the easement may be terminated due to the disappearance of the grounds on which it was established.
2. In cases where a land plot belonging to a citizen or a legal entity, as a result of being encumbered with an easement, cannot be used in accordance with the intended purpose of the plot, the owner has the right to demand the termination of the easement in court.
(as amended by Federal Law of 26.06.2007 N 118-FZ)
Article 277. Encumbrance of buildings and structures with servitude
With regard to the rules provided for in Articles 274 - 276 of this Code, buildings, structures and other immovable property, the limited use of which is necessary outside of connection with the use of a land plot, may be encumbered with an easement.
Article 278. Levy of execution on a land plot
Levy of execution on a land plot for the obligations of its owner is allowed only on the basis of a court decision.
Article 279. Redemption of a land plot for state and municipal needs
1. The land plot can be withdrawn from the owner for state or municipal needs by way of redemption.
Depending on for whose needs the land is withdrawn, the redemption is carried out by the Russian Federation, the corresponding constituent entity of the Russian Federation or a municipal formation.
2. The decision to withdraw a land plot for state or municipal needs is made by federal executive bodies, executive bodies of a constituent entity of the Russian Federation or local self-government bodies.
Federal executive bodies, executive bodies of the constituent entities of the Russian Federation, local self-government bodies authorized to make decisions on the seizure of land plots for state or municipal needs, the procedure for preparing and adopting these decisions is determined by federal land legislation.
(as amended by Federal Law of 18.12.2006 N 232-FZ)
3. The owner of the land plot must be notified in writing of this by the body that made the decision on the seizure no later than a year before the upcoming seizure of the land plot. The redemption of a land plot before the expiration of a year from the date of receipt by the owner of such notification is allowed only with the consent of the owner.
4. The decision of a federal executive body, an executive body of a constituent entity of the Russian Federation or a local self-government body on the seizure of a land plot for state or municipal needs is subject to state registration with the body that registers rights to the land plot. The owner of the land plot must be notified of the registration performed, indicating its date.
(as amended by Federal Law of 18.12.2006 N 232-FZ)
5. Abolished. - Federal Law of June 26, 2007 N 118-FZ.
Article 280. Rights of the owner of a land plot subject to seizure for state or municipal needs
The owner of a land plot subject to seizure for state or municipal needs, from the moment of state registration of a decision on seizure of a plot until an agreement is reached or a court makes a decision to redeem a plot, he can own, use and dispose of it at his discretion and incur the necessary costs to ensure the use of the plot in accordance with with its intended purpose. However, the owner bears the risk of attributing to him, when determining the redemption price of the land plot (Article 281), the costs and losses associated with new construction, expansion and reconstruction of buildings and structures on the land plot during the specified period.
(as amended by Federal Law of 26.06.2007 N 118-FZ)
Article 281. Redemption price of a land plot seized for state or municipal needs
1. Payment for a land plot seized for state or municipal needs (redemption price), terms and other conditions of redemption are determined by agreement with the owner of the plot. The agreement includes the obligation of the Russian Federation, a constituent entity of the Russian Federation or a municipality to pay the redemption price for the seized plot.
2. When determining the redemption price, it includes the market value of the land plot and the immovable property located on it, as well as all losses caused to the owner by the seizure of the land plot, including losses that he incurs in connection with the early termination of his obligations to third parties, including lost benefit.
3. By agreement with the owner, he may be provided with another land plot in exchange for the plot seized for state or municipal needs, offsetting its value into the redemption price.
Article 282. Redemption of a land plot for state or municipal needs by a court decision
If the owner does not agree with the decision to seize a land plot from him for state or municipal needs, or an agreement has not been reached with him on the redemption price or other terms of redemption, the federal executive body, the executive body of the subject of the Russian Federation or the local self-government body that made such a decision , can sue for the purchase of a land plot in court. A claim for the redemption of a land plot for state or municipal needs may be filed within three years from the moment the owner of the plot is sent the notification specified in paragraph 3 of Article 279 of this Code.
(as amended by Federal Laws of 18.12.2006 N 232-FZ, of 26.06.2007 N 118-FZ)
Article 283. Termination of the rights of possession and use of a land plot upon its withdrawal for state or municipal needs
In cases where a land plot seized for state or municipal needs is in possession and use on the basis of the right of inherited life possession or permanent (unlimited) use, the termination of these rights is carried out in relation to the rules provided for in Articles 279-282 of this Code.
(as amended by Federal Law of 26.06.2007 N 118-FZ)
Article 284. Withdrawal of a land plot that is not used in accordance with its intended purpose
A land plot may be withdrawn from the owner in cases where the plot is intended for agricultural production or housing or other construction and is not used for the corresponding purpose for three years, unless a longer period is established by law. This period does not include the time required for the development of the site, as well as the time during which the site could not be used for its intended purpose due to natural disasters or due to other circumstances precluding such use.
(as amended by Federal Law of 26.06.2007 N 118-FZ)
Article 285. Withdrawal of a land plot used in violation of the law
A land plot may be withdrawn from the owner if the use of the plot is carried out in gross violation of the rules for the rational use of land established by land legislation, in particular if the plot is not used in accordance with its intended purpose or its use leads to a significant decrease in the fertility of agricultural land or a significant deterioration in environmental setting.
Article 286. Procedure for seizure of a land plot due to its improper use
1. The body of state power or local self-government authorized to make decisions on the seizure of land plots on the grounds provided for in Articles 284 and 285 of this Code, as well as the procedure for mandatory advance warning of land owners about violations committed are determined by land legislation.
2. If the owner of the land plot notifies in writing the body that made the decision to seize the land plot of his consent to execute this decision, the land plot is subject to sale at a public auction.
3. If the owner of the land plot does not agree with the decision to seize the plot from him, the body that made the decision to seize the plot may file a demand for the sale of the plot in court.
Article 287. Termination of rights to a land plot belonging to persons who are not its owners
The termination of rights to a land plot belonging to tenants and other persons who are not its owners, due to improper use of the plot by these persons, is carried out on the grounds and in the manner established by land legislation.
Section 260. General provisions on land ownership
1. Persons who own a land plot have the right to sell, donate, pledge or lease and dispose of it in a different way (Article 209) insofar as the relevant land is not excluded from circulation or is not limited in circulation on the basis of the law.
2. On the basis of the law and in accordance with the procedure established by it, agricultural and other special purpose lands are determined, the use of which for other purposes is not allowed or is limited. The use of a land plot classified as such land can be carried out within the limits determined by its intended purpose.
Footnote deleted. - Federal Law of 04.16.2001 N 45-FZ.
Section 261. Land plot as an object of ownership
1. Abolished. - Federal Law of 04.12.2006 N 201-FZ.
2. Unless otherwise provided by law, the ownership of a land plot extends to the surface (soil) layer located within the boundaries of this plot and water bodies, plants located on it.
(as amended by Federal Laws of 03.06.2006 N 73-FZ, of 04.12.2006 N 201-FZ)
3. The owner of a land plot has the right to use, at its discretion, everything that is above and below the surface of this plot, unless otherwise provided by the laws on subsoil, on the use of airspace, other laws and does not violate the rights of other persons.
Section 262. Common land plots. Access to the land
1. Citizens have the right to freely, without any permits, be on land plots not closed for public access, which are in state or municipal ownership, and use the natural objects available on these plots within the limits permitted by law and other legal acts, as well as by the owner the corresponding land plot.
2. If the land plot is not fenced or its owner has not otherwise clearly indicated that entry to the plot without his permission is not allowed, any person may pass through the plot, provided that this does not cause damage or disturbance to the owner.
Section 263. Development of a land plot
1. The owner of a land plot may erect buildings and structures on it, carry out their rebuilding or demolition, permit construction on his plot to other persons. These rights are exercised subject to the observance of town planning and building codes and regulations, as well as requirements for the designated purpose of the land plot (paragraph 2 of Article 260).
(as amended by Federal Law of 26.06.2007 N 118-FZ)
2. Unless otherwise provided by a law or an agreement, the owner of a land plot acquires the right of ownership to a building, structure and other immovable property erected or created by him for himself on the plot belonging to him.
The consequences of unauthorized construction made by the owner on the land plot belonging to him are determined by Article 222 of this Code.
Section 264. Rights to land of persons who are not owners of land plots
1. Land plots may be provided by their owners to other persons on the terms and in the manner prescribed by civil and land legislation.
(Clause 1 as amended by Federal Law of 26.06.2007 N 118-FZ)
2. A person who is not the owner of a land plot shall exercise the rights of ownership and use of the plot belonging to him on the conditions and within the limits established by law or by an agreement with the owner.
3. The owner of a land plot, who is not the owner, is not entitled to dispose of this plot, unless otherwise provided by law.
(as amended by Federal Law of 26.06.2007 N 118-FZ)
Section 265. Grounds for Acquisition of the Right of Lifetime Inherited Ownership of a Land Plot
The right to life-long inherited ownership of a land plot in state or municipal ownership is acquired by citizens on the grounds and in the manner prescribed by land legislation.
Section 266. Ownership and use of a land plot on the basis of the right of inherited life possession
1. A citizen who has the right of inherited life tenure (owner of a land plot) has rights to own and use a land plot, which are inherited.
2. Unless otherwise follows from the conditions for the use of a land plot established by law, the owner of the land plot has the right to erect buildings, structures on it and create other immovable property, acquiring the right of ownership to it.
Section 267. Disposal of a land plot in inherited life possession
(as amended by Federal Law of 26.06.2007 N 118-FZ)
Disposal of a land plot that is in inherited life possession is not allowed, except for the case of transfer of the right to a land plot by inheritance.
Section 268. Grounds for acquiring the right to permanent (unlimited) use of a land plot
1. The right to permanent (indefinite) use of a land plot in state or municipal ownership is granted to persons specified in the Land Code of the Russian Federation.
(Clause 1 as amended by Federal Law of 23.06.2014 N 171-FZ)
2. Abolished. - Federal Law of June 26, 2007 N 118-FZ.
3. In the event of the reorganization of a legal entity, the right of permanent (unlimited) use of the land plot belonging to it shall be transferred by way of legal succession.
(as amended by Federal Law of 26.06.2007 N 118-FZ)
Section 269. Ownership and use of land on the basis of the right of permanent (perpetual) use
(as amended by Federal Law of 26.06.2007 N 118-FZ)
1. A person to whom a land plot has been granted for permanent (unlimited) use shall possess and use this plot within the limits established by law, other legal acts and an act on the provision of the land plot for use.
(as amended by Federal Law of 26.06.2007 N 118-FZ)
2. A person to whom a land plot has been provided for permanent (unlimited) use shall have the right, unless otherwise provided by law, to independently use the plot for the purposes for which it is provided, including the construction of buildings, structures and other immovable property on the site for these purposes. Buildings, structures, other immovable property created by this person for himself are his property.
(as amended by Federal Law of 26.06.2007 N 118-FZ)
3. Persons to whom land plots have been provided for permanent (unlimited) use are not entitled to dispose of such land plots, except for cases of concluding an agreement on the establishment of an easement and transferring a land plot for free use to a citizen in the form of a service allotment in accordance with the Land Code of the Russian Federation.
(Clause 3 was introduced by the Federal Law of 23.06.2014 N 171-FZ)
Section 270. Abolished. - Federal Law of 04.12.2006 N 201-FZ.
Section 271. The right to use the land plot by the owner of the real estate
1. The owner of a building, structure or other real estate located on a land plot belonging to another person has the right to use the land plot provided by such a person for this property.
(as amended by Federal Law of 26.06.2007 N 118-FZ)
The paragraph is no longer valid. - Federal Law of June 26, 2007 N 118-FZ.
2. Upon transfer of ownership of real estate located on someone else's land plot to another person, he / she acquires the right to use the corresponding land plot on the same conditions and in the same amount as the previous owner of real estate.
(as amended by Federal Law of 26.06.2007 N 118-FZ)
Note:
On the issue of the transfer of title to a land plot upon transfer of title to real estate, see also Article 35 of the Land Code of the Russian Federation.
The transfer of ownership of a land plot is not a ground for termination or change of the right to use this plot belonging to the owner of real estate.
3. The owner of real estate located on someone else's land has the right to own, use and dispose of this real estate at his own discretion, including demolishing the corresponding buildings and structures, insofar as this does not contradict the terms of use of this land, established by law or contract.
Section 272. Consequences of the loss by the owner of the real estate of the right to use the land plot
1. Upon termination of the right to use a land plot granted to the owner of immovable property located on this plot (Article 271), the rights to real estate left by its owner on the land plot shall be determined in accordance with an agreement between the owner of the plot and the owner of the respective immovable property.
2. In the absence or failure to reach an agreement specified in paragraph 1 of this article, the consequences of the termination of the right to use the land plot shall be determined by the court at the request of the owner of the land plot or the owner of real estate.
The owner of the land plot has the right to demand in court that the owner of the real estate, after the termination of the right to use the land, release him from the real estate and bring the land back to its original state.
In cases where the demolition of a building or structure located on a land plot is prohibited in accordance with the law and other legal acts (residential buildings, historical and cultural monuments, etc.) or is not subject to implementation due to a clear excess of the cost of a building or structure in comparison with the cost of the land allotted for it, the court, taking into account the grounds for terminating the right to use the land plot and upon presentation of appropriate requirements by the parties, may:
recognize the right of the owner of real estate to acquire ownership of the land plot on which this property is located, or the right of the owner of the land plot to acquire the remaining real estate on it, or
to establish the conditions for the use of the land plot by the owner of the real estate for a new period.
3. The rules of this article shall not apply upon termination of a lease agreement for a land plot that is in state or municipal ownership and on which an object of unfinished construction is located (Article 239.1), upon seizure of a land plot for state or municipal needs (Article 279), as well as termination of rights to a land plot due to its non-use for its intended purpose or use in violation of the legislation of the Russian Federation.
(as amended by Federal Laws of 23.06.2014 N 171-FZ, of 31.12.2014 N 499-FZ, of 03.07.2016 N 354-FZ)
Section 273. Transfer of the right to a land plot upon alienation of buildings or structures located on it
Upon the transfer of ownership of a building or structure that belonged to the owner of the land plot on which it is located, the ownership of the land plot occupied by the building or structure and necessary for its use is transferred to the acquirer of the building or structure, unless otherwise provided by law.
(as amended by Federal Law of 26.06.2007 N 118-FZ)
Part two is no longer valid. - Federal Law of June 26, 2007 N 118-FZ.
Note:
For some questions of practice in cases of establishing easement on a land plot, see the Review of the judicial practice of the Supreme Court of the Russian Federation.
Section 274. The right to limited use of someone else's land plot (easement)
1. The owner of immovable property (land plot, other real estate) has the right to demand from the owner of a neighboring land plot, and, if necessary, from the owner of another land plot (neighboring plot), the granting of the right of limited use of the neighboring plot (easement).
An easement can be established to ensure passage and passage through a neighboring land plot, construction, reconstruction and (or) operation of linear facilities that do not interfere with the use of the land plot in accordance with the permitted use, as well as other needs of the owner of real estate that cannot be provided without establishing easement.
(as amended by Federal Law of 23.06.2014 N 171-FZ)
2. The encumbrance of a land plot with an easement does not deprive the owner of the plot of the rights to own, use and dispose of this plot.
3. The easement is established by agreement between the person requiring the establishment of the easement and the owner of the neighboring land and is subject to registration in the manner prescribed for the registration of rights to real estate. In case of failure to reach an agreement on the establishment or conditions of the easement, the dispute shall be resolved by the court at the suit of the person requiring the establishment of the easement.
4. On the conditions and in the manner provided for in paragraphs 1 and 3 of this article, an easement may also be established in the interests and at the request of the person to whom the land has been granted on the basis of the right of inherited life possession or the right of permanent (unlimited) use, and other persons in cases where stipulated by federal laws.
(as amended by Federal Laws of 26.06.2007 N 118-FZ, of 30.12.2008 N 311-FZ)
5. The owner of a plot encumbered with an easement shall have the right, unless otherwise provided by law, to demand from the persons in whose interests the easement is established, a commensurate payment for the use of the plot.
6. In the cases provided for by law, the easement is established by agreement between the person requiring the establishment of the easement and the person to whom the land plot is provided, which is in state or municipal ownership, if this is allowed by land legislation. In this case, the rules provided for by this Article and Articles 275 and 276 of this Code for the owner of such a land plot shall apply to the person to whom the land plot has been granted, in respect of whom the easement is established.
(Clause 6 was introduced by the Federal Law of 23.06.2014 N 171-FZ)
Section 275. Preservation of easement upon transfer of rights to a land plot
1. An easement shall be preserved in the event of the transfer of rights to a land plot, which is encumbered with this easement, to another person, unless otherwise provided by this Code.
2. An easement cannot be an independent subject of purchase and sale, a pledge and cannot be transferred in any way to persons who are not the owners of real estate, to ensure the use of which the easement is established.
Section 276. Termination of servitude
1. At the request of the owner of a land plot encumbered with an easement, the easement may be terminated in view of the disappearance of the grounds on which it was established.
2. In cases where a land plot belonging to a citizen or a legal entity, as a result of encumbrance with an easement, cannot be used in accordance with the intended purpose of the plot, the owner has the right to demand the termination of the easement in court.
(as amended by Federal Law of 26.06.2007 N 118-FZ)
Section 277. Encumbrance of buildings and structures with servitude
With regard to the rules provided for in Articles 274 - 276 of this Code, buildings, structures and other immovable property, the limited use of which is necessary outside of connection with the use of a land plot, may be encumbered with an easement.
Section 278. Foreclosure on a land plot
Levy of execution on a land plot for the obligations of its owner is allowed only on the basis of a court decision.
Note:
On the issue of the seizure of a land plot for state or municipal needs, see also paragraph 2 of Article 26 of the Federal Law of December 31, 2014 N 499-FZ.
Section 279. Withdrawal of a land plot for state or municipal needs
(as amended by Federal Law of December 31, 2014 N 499-FZ)
1. Withdrawal of a land plot for state or municipal needs is carried out in the cases and in the manner provided for by land legislation.
2. As a result of the seizure of a land plot for state or municipal needs, the following is carried out:
1) termination of the right of ownership of a citizen or legal entity to such a land plot;
2) termination of the right of permanent (unlimited) use, life-long inherited possession of a land plot that is in state or municipal ownership;
3) early termination of a lease agreement for a land plot that is in state or municipal ownership, or an agreement for the gratuitous use of such a land plot.
3. The decision to withdraw a land plot for state or municipal needs is made by federal executive bodies, executive bodies of the constituent entities of the Russian Federation or local self-government bodies determined in accordance with land legislation.
4. From the date of termination of the rights to the seized land plot of the previous rightholder, easement, pledge established in relation to such a land plot, as well as agreements concluded by this rightholder in relation to such a land plot shall be terminated. Easements established in relation to a seized land plot shall be retained if the use of such a land plot on the terms of an easement does not contradict the purposes for which the seizure of the land plot is carried out.
If the seizure of a land plot for state or municipal needs makes it impossible for the rightholder of the land plot to fulfill other obligations to third parties, including obligations based on agreements concluded by the rightholder of the land plot with such persons, the decision to seize the land plot for state or municipal needs is the basis for the termination of these obligations.
5. The rightholder of the land plot must be notified of the decision to withdraw the land plot for state or municipal needs in accordance with land legislation.
Note:
For the preparation and conclusion of an agreement on the seizure of a land plot, see paragraph 1 of Article 26 of the Federal Law of December 31, 2014 N 499-FZ.
6. The terms, amount of compensation and other conditions under which the seizure of a land plot for state or municipal needs is carried out are determined by an agreement on the seizure of the land plot and real estate objects located on it for state or municipal needs (hereinafter - the seizure agreement). In the case of compulsory withdrawal, such conditions are determined by the court.
Section 280. Use and disposal of a land plot subject to seizure for state or municipal needs
(as amended by Federal Law of December 31, 2014 N 499-FZ)
Persons whose rights to a land plot are terminated by virtue of its withdrawal for state or municipal needs, until the day of termination of these rights, own, use and dispose of such a land plot in accordance with the law at their discretion. In this case, the persons specified in this article bear the risk of attributing to them the costs and losses associated with construction, with the reconstruction of buildings, structures, the implementation of inseparable improvements, from the day they are notified of the decision to withdraw the land plot for state or municipal needs in accordance with with land legislation.
Section 281. Compensation for a seized land plot
(as amended by Federal Law of December 31, 2014 N 499-FZ)
1. For a land plot seized for state or municipal needs, compensation is provided to its rightholder.
2. When determining the amount of compensation for the seizure of a land plot for state or municipal needs, it includes the market value of the land plot, the ownership of which is subject to termination, or the market value of other rights to the land plot subject to termination, and losses caused by the seizure of such a land plot , including lost profits, and determined in accordance with federal law.
In the event that, simultaneously with the seizure of a land plot for state or municipal needs, the seizure of immovable property located on such a plot of land and belonging to the rightholder of this land plot is carried out, the compensation for the seized property includes the market value of the immovable property, the ownership of which is subject to termination, or the market value of other rights to immovable property subject to termination.
3. In the presence of the consent of the person from whom the land plot is being withdrawn, the withdrawal agreement may provide for the provision of another land plot and (or) other immovable property to this person on the terms and in the manner determined by law, taking into account the value of such a land plot and (or) other immovable property or rights to them in the amount of compensation for the withdrawn land plot.
4. Forced seizure of a land plot for state or municipal needs is allowed on condition of prior and equivalent compensation.
Section 282. Withdrawal of a land plot for state or municipal needs by a court decision
(as amended by Federal Law of December 31, 2014 N 499-FZ)
1. If the rightholder of the seized land plot has not entered into an agreement on seizure, including because of disagreement with the decision to seize the land plot from him, the compulsory seizure of the land plot for state or municipal needs is allowed.
2. Compulsory seizure of a land plot for state or municipal needs is carried out by a court decision. A claim for the compulsory seizure of a land plot for state or municipal needs may be brought to court during the validity period of the decision on the seizure of a land plot for state or municipal needs. At the same time, the said claim cannot be filed earlier than before ninety days from the date of receipt by the rightholder of such a land plot of the draft withdrawal agreement.
Section 283. Abolished on April 1, 2015. - Federal Law of December 31, 2014 N 499-FZ.
Section 284. Withdrawal of a land plot that is not used for its intended purpose
A land plot may be withdrawn from the owner in cases where the plot is intended for agriculture or housing or other construction and is not used for its intended purpose for three years, unless a longer period is established by law. This period does not include the time required for the development of the site, except for cases when the land plot belongs to agricultural land, the turnover of which is regulated by the Federal Law of July 24, 2002 N 101-FZ "On the turnover of agricultural land", as well as the time , during which the site could not be used for its intended purpose due to natural disasters or due to other circumstances precluding such use.
Section 285. Withdrawal of a land plot used in violation of the legislation of the Russian Federation
(as amended by Federal Law of 03.07.2016 N 354-FZ)
A land plot may be withdrawn from the owner if the use of the plot is carried out in violation of the requirements of the legislation of the Russian Federation, in particular, if the plot is not used for its intended purpose or its use leads to a significant decrease in the fertility of agricultural land or damage to the environment.
Section 286. The procedure for the seizure of a land plot not used for its intended purpose or used in violation of the legislation of the Russian Federation
(as amended by Federal Law of 03.07.2016 N 354-FZ)
1. The body of state power or local self-government authorized to make decisions on the seizure of land plots on the grounds provided for in Articles 284 and 285 of this Code, as well as the procedure for mandatory advance warning of land owners about violations committed are determined by land legislation.
2. If the owner of the land plot notifies the body that made the decision to seize the land plot in writing of his consent to execute this decision, the plot is subject to sale at a public auction.
3. If the owner of the land plot does not agree with the decision to seize the plot from him, the body that made the decision to seize the plot may file a claim to sell the plot in court.
Section 287. Termination of rights to a land plot belonging to persons who are not its owners
The termination of rights to a land plot belonging to tenants and other persons who are not its owners, due to improper use of the plot by these persons, is carried out on the grounds and in the manner established by land legislation.
New edition of Art. 261 of the Civil Code of the Russian Federation
1. Abolished.
2. Unless otherwise provided by law, the ownership of a land plot extends to the surface (soil) layer located within the boundaries of this plot and water bodies, plants located on it.
3. The owner of a land plot has the right to use, at its discretion, everything that is above and below the surface of this plot, unless otherwise provided by the laws on subsoil, on the use of airspace, other laws and does not violate the rights of other persons.
Commentary on Art. 261 of the Civil Code of the Russian Federation
1. Before a land plot becomes an object of ownership in civil legal relations, it must be individualized in land legal relations - the purpose of its use, size (area) and boundaries (location), and its cadastral number are determined. The conditions and procedure for the formation of a land plot are provided for by land legislation.
2. State acts, certificates and other documents certifying rights to land and issued to citizens or legal entities prior to the entry into force of the Federal Law "On state registration of rights to real estate and transactions with it" have equal legal force with entries in the Unified State Register of Rights on real estate and transactions with it.
3. In accordance with Art. 8 of the Forest Code, forest plots within the forest fund lands may only be in federal ownership.
Special law.
Forest Code of the Russian Federation (Federal Law of 04.12.2006 N 201-FZ).
4. According to Art. 40 of the Land Code, the owner of a land plot has the right of ownership to crops and planting crops, agricultural products received and income from its sale, except for cases when he transfers the land plot for lease, permanent (perpetual) use or life-long inherited possession or free-of-charge fixed-term use. Hence, it follows that the owner of the land plot does not have the right of ownership to the forest growing on his plot.
Arbitrage practice.
The object of land ownership is land plots that represent a part of the land surface within the boundaries of the territory of the Russian Federation. As for the use of natural resources located within the boundaries of the land plot, the owner, in accordance with Art. 40 ZK receives certain rights to them, which are also listed in the Water and Forestry Codes. Subsoil plots within the boundaries of a land plot are state property and cannot be the subject of purchase, sale, donation, inheritance, deposit, pledge or alienated in any other form (Article 1.2 of the Law of the Russian Federation "On Subsoil") (Resolution of the Constitutional Court of the Russian Federation of 23.04.2004 N 8-P).
Another commentary on Art. 261 of the Civil Code of the Russian Federation
1. The land plot is a real estate object and in accordance with Art. 128 of the Civil Code - an object of civil rights. A land plot is a part of the earth's surface that has boundaries. Thus, the establishment of boundaries (along with location) is not only a means of individualizing a land plot, but also a way of creating the object of law itself.
Establishment of boundaries is carried out in a certain order, in particular, by land surveying.
When registering a land plot for cadastral registration, information about previously registered land plots and information about formed parts of land plots, drawn up and the type of their descriptions, are used. Description is a document drawn up on the basis of land surveying materials and other land management documentation on the formation of newly formed (formation of new) land plots or clarification of information about previously recorded land plots. When drawing up the descriptions, urban planning and other documentation is used, containing the information necessary for the state cadastral registration of land plots.
The description should contain information about the location, area, category of land and the permitted use of land plots, as well as a description of the boundaries of land plots and their individual parts. The description contains a drawing of the land plot, a description of the boundaries and other details (Requirements for the preparation of documents on land surveying submitted for state cadastral registration, approved by the Order of Roszemkadastr dated October 2, 2002 N P / 327 // BNA RF. 2002. N 48 ).
2. The ownership right covers only the plane of the land plot, the surface (soil) layer, as well as the water bodies, forest and plants located on the plot.
What is under and above the land plot can be used by the owner insofar as otherwise is not provided for by the laws on subsoil, on the use of airspace, and other laws. This means that the imaginary "pillar" going up and down from the land does not belong to the owner of the land. The owner uses what is in this space due to the ownership of the site itself, and therefore has more grounds for this than other persons. In Art. 40 ZK indicates the right of the owner to use, in accordance with the established procedure, for his own needs, the widespread minerals available on the land plot, fresh underground waters, as well as closed reservoirs. If special laws (on subsoil, airspace, etc.) establish special rules governing the use of this space, the owner will have to obey them. In Art. 261 does not provide for any advantages provided to the owner of the land plot in relation to the subsoil or airspace above his plot.
3. An indication that the use of the site should be carried out without violating the rights of others, essentially repeats the norm of paragraph 3 of Art. 209 GK.
If another person uses the subsoil or air space above the owner's plot without having the right to do so, but only referring to the fact that this space does not belong to the owner of the land plot, then.
Course work of the 1st year student Alekseeva E.Yu.
Moscow New Law Institute
Moscow, 1997
1. Some results of land and agrarian reform
As a result of land and agrarian reforms in Russia since 1990, new land and agrarian relations have developed to date.
Land and agrarian reforms are inextricably linked. On the one hand, land reform is broader than agrarian reform; since it covers all lands, not just agricultural ones. On the other hand, land reform is seen as an important component of the agrarian reform.
These reforms began in the existing Soviet Union. In the Fundamentals of Land Legislation, adopted in April 1990, the idea of private ownership of land has not yet been enshrined. Instead, the Fundamentals introduced two new titles to land rights: the right to life-long inheritable land ownership and the right to lease land.
Lifetime inheritable ownership of land should not be confused with the right of ownership as a common legal right among the owner's powers. This is an independent form of the right to land and the first step towards the right of private property, because the transfer of land by inheritance is one of the powers to dispose of land.
The introduction of the right to life-long inherited tenure as an independent form of land right was an objective necessity. And this right is still preserved as a transitional institution.
The right to private ownership of land was provided for for the first time in 1990 by the Constitution of the RSFSR (Article 12). It was strictly limited: the sale of land plots by citizens for ten years from the date of their acquisition was prohibited. Only the state was allowed to sell them.
On November 22 and 23, 1990, two laws were adopted in Russia: "On Land Reform" and "On Peasant (Farm) Economy", which enshrined, in accordance with the Constitution, the right of citizens to private ownership of land. As a result of the reorganization of collective farms and state farms in the course of reforms, their members and workers received the right to acquire a land share (in the established amount) upon leaving the collective farm or state farm to form a peasant (farm) economy. As a result, the right to private ownership of the land share arose. It also provided for the provision of land plots in private ownership to citizens for personal subsidiary plots, housing and summer cottages, members of gardening partnerships, car owners and members of garage partnerships.
The right to private ownership of land with all the specified features was enshrined in the main land legislative act adopted on April 25, 1991 - the Land Code of the RSFSR (hereinafter referred to as the LC).
Later, the right to private ownership of land by decrees of the President of the Russian Federation was gradually expanded and concretized. By the decree of December 27, 1991 "On urgent measures for the implementation of land reform" owners of land shares were given the right to sell their shares before the expiration of a ten-year period: upon retirement, upon inheritance, upon moving to another area and upon investing in local processing industry. Shares were sold to members of the collective farm (state farm workers) or to persons joining the collective farm or joining the state farm.
Decree of the President of the Russian Federation of March 25, 1992 "On the sale of land plots during the privatization of state and municipal enterprises" established that individuals or legal entities who privatized a state or municipal enterprise have the right to buy a land plot that previously belonged to this enterprise. The owner of the enterprise thus became the owner of the land plot. In such cases, according to the Decree, land plots can be sold to foreign legal entities and individuals with the establishment of a procedure for the sale and purchase of land. In this part, the Decree contradicts the LC, as it allows the sale of land to foreigners.
The decree of the President of the Russian Federation of October 27, 1993 "On the regulation of land relations and the development of agrarian reform in Russia" approved, in essence, the unlimited right of private ownership of land by individuals and legal entities.
For the first time, land was recognized as property, real estate. The right of owners of land plots and shares to freely dispose of them and make transactions is legal: to sell, donate, exchange, inherit, pledge, make contributions to the authorized capital of joint-stock companies, partnerships, agricultural production cooperatives and other organizations.
The decree also explicitly established that land transactions are regulated by civil law, taking into account land and environmental legislation. This is fundamentally important, since it emphasizes the peculiarity of land as property, real estate, which must be taken into account when regulating.
Finally, the Constitution of the Russian Federation, adopted at a referendum on December 12, 1993, in Articles 9 and 36 secured all forms of ownership of land: private, state, municipal and, as stated in the Constitution, "other forms." State and municipal property, in contrast to private property, is called public property.
Thus, in the course of land and agrarian reforms, new forms of property rights and other rights to land, new subjects of land and agrarian relations have emerged.
The new Civil Code of the Russian Federation, in accordance with the Constitution of the Russian Federation, legislatively consolidated the indicated forms of ownership and other rights to land, devoting a special Chapter 17 to the regulation of land relations, consisting of 28 articles (Articles 260 - 287).
Currently, there is a paradoxical situation with the regulation of land relations: the specified Chapter 17 of the Civil Code has not been put into effect and should enter into force after the adoption of the new Law. But the Land Code was canceled by almost two-thirds by the Decree of the President of the Russian Federation of December 24, 1993 "On Bringing Land Legislation in Accordance with the Constitution of the Russian Federation." As a result, a huge legal vacuum has been created: the country has been living practically without a Land Code for more than two years. The decree does not comply with Article 90 of the Constitution of the Russian Federation, which states that the decrees of the President must not contradict the law. An early way out of this situation and the adoption of a new ZK is necessary.
In accordance with the Decree of the President of the Russian Federation "On the Basic Provisions of the State Program for the Privatization of State and Municipal Enterprises in the Russian Federation after July 1, 1994" a new stage of land privatization began. It is characteristic that the State Duma did not approve the Law, and then the President approved the Basic Provisions by his Decree. The Basic Provisions contain two sections ("4" and "410"), specifically devoted to the privatization of land, their purchase and sale during the privatization of enterprises. Bodies of the State Property Committee were involved in the sphere of land transactions. Thus, the intermediate goals and objectives of land and agrarian reforms - the creation of a plurality of forms of land rights and agrarian formations - have been achieved. However, the problems of agriculture and the agro-industrial complex have not been resolved; on the contrary, agricultural production, unfortunately, continues to decline.
2. Interaction of the Civil Code and land legislation
The question of the interaction of civil and land legislation in the regulation of land relations is of great scientific and practical interest. It is here that the features of land as property, real estate, as an object of land relations and the implementation of their legal regulation by civil and land legislation are clearly and vividly manifested.
Article 3 of the Civil Code says that the norms of civil law contained in other laws must comply with the Civil Code. Consequently, in the LC and other acts of land legislation, the norms of the Civil Code:
firstly, they can be reproduced (in whole or in part) without conflicting with the norms of the Civil Code;
secondly, they can and should develop, be concretized taking into account the peculiarities of regulation of land relations, again, without conflicting with the Civil Code. First of all, with the norms on property rights and other rights, on transactions with land, etc.;
thirdly, they can and should contain purely "their own" land-legal norms that are not included in the Civil Code.
The latter include, mainly, special land legal norms of a public law nature:
On the competence of state and local authorities to regulate land relations;
On the state registration of lands;
On the state land cadastre and monitoring;
On state special registration of rights to land;
On the establishment of the composition and categories of lands and their transfer from one category to another, their delimitation according to their intended purpose;
On state control over the use and protection of land;
About responsibility for violation of land legislation, etc.
Compensation for property damage caused to owners, owners, users and tenants of land is made in accordance with civil and land legislation.
Thus, it can be seen that the Civil Code gives freedom to the LC in regulating land relations. This essentially testifies to the fact that all articles of Chapter 17 and other articles of the Civil Code concerning land relations can be reproduced and developed, concretized in land legislation, without conflicting with the Civil Code.
This applies not only to the specified articles in chapter 17, but to many others.
Let's call them:
Article 23 - on citizens as subjects of civil and land relations;
All provisions of Ch. 4 - about the subjects of civil and land relations - legal entities;
Article 257 - on farms;
Articles ch. 6 - on objects of civil rights (in particular, Article 129, in which there is a direct reference to land legislation on the issue of allowing the turnover of land as a special object, and Article 131 - on special registration);
The question of the interaction of civil and
land legislation in the regulation of land
relations is of great scientific and practical interest.
This is where many difficult questions arise, requiring
for knowledge and study. It is here clearly and brightly
the features of land as property, real estate are manifested
bridge as an object of land relations and implementation
their legal regulation by civil and land
legislation. Without the Land Code, their regulation
it is simply impossible. In Art. 3 of the Civil Code says that the norms
civil law contained in other laws,
must comply with the Civil Code. Consequently, in ZK and others
acts of land legislation: firstly, the norms of the Civil Code
can be reproduced (in whole or in part, but not
conflicting with the Civil Code of the Russian Federation);
secondly, norms can and should develop,
take into account the peculiarities of land regulation
relations, again without conflicting with
Civil Code, primarily with its rules on the right of property
ty and other rights, land transactions, etc .; third-
them, they can and should contain purely "their"
land-legal norms not included in the Civil Code. To the last
mainly include special land legal
norms of a public law nature: - on the competence of the state
state and local authorities for the regulation of land
stranded relations;
________________________________________________________
On the state registration of lands; - about the state
land registry and monitoring; - about the state
special registration of rights to land; - about the installation
chenya; - on state control over the use and
land protection; - on responsibility for violation of the
land legislation, etc. Compensation for property
damage caused to owners, owners,
users and tenants of land, is made in accordance with
compliance with civil and land legislation.
Thus, it can be seen that the Civil Code gives freedom to the LC in the regulation
the development of land relations. This testifies to
essentially, that all the articles of Ch. 17 GK and others
articles relating to land relations can reproduce
to be found and developed, to be concretized in the land
legislation, without contradicting the Civil Code. But this can be said
to tell not only about the specified articles of Ch. 17, but also about a lot
other articles. And there are a lot of them in all sections and chap-
wah GK. Let's call them: - Art. 23 - about citizens as subjects
takh civil and land relations; all provisions
ch. 4 - about the subjects of civil and land relations -
legal entities; - Art. 257 - about farms;
articles chap. 6 - about objects of civil rights (in part
nost, Art. 129, in which there is a direct reference to the
mill legislation on the approval of
number of land as a special object, and Art. 131 - about the specialist
social registration); - Articles of Ch. 13, in which there is
there are references to land legislation (on the turnover
land and its features in comparison with other property
vom, about the forms of ownership and other property rights to
land); - Art. 216 - on property rights to land and order
the transfer of these rights, on the ownership of land,
the right of inheritable life tenure of land, the right
permanent use, easements; - Articles of Ch. 16 -
about common property, etc. There are others
chapters and articles of the Civil Code - on pledge, obligations, contracts
pax, land transactions, etc., which are also applicable
to the regulation of land relations in accordance with
land legislation. Since in the Civil Code of the Russian
Federation, these norms are formulated in a general form, then
in relation to the land, they must receive their development
in land legislation, taking into account the specifics
land as an object, property of a special kind. Peculiarities
land as a specific property and object of civil
these relationships deserve attention. Earth is not allowed
equate to ordinary property: buildings, structures
pits, objects, movable things. In agriculture, land
la - the main and irreplaceable means of agricultural
production. Therefore, these lands cannot be "squandered"
vat ", use not for its intended purpose.
agricultural industries land is used as
territory for the placement of industries, buildings, structures,
objects, here it is not a means of production.
But in many cases, buildings, structures, objects are not
jerkily, firmly connected to the ground. Therefore, when passing
of these objects in the ownership or use of other
For those people, rent inevitably raises the question of land. AND
this issue must be resolved in accordance with the Civil Code and the LC: on
what right is the transfer of land - the right to own
property, use or lease. What are the reasons
the emergence and termination of land rights? By formulating
the grounds for the emergence of rights to property, as well as the basis
the notion of their termination, the Civil Code means that they are
also extends to land rights. And exactly, in the land
they are regulated in detail by law. One of the most important
grounds for the emergence of rights to land is
the withdrawal of land plots from the state and municipal
cipal property to private property,
call, rent. Private owners can also pre-
deliver land for use and lease
to other persons. The most common reasons
the emergence of land rights are land transactions.
They are enshrined in Art. 260 of the Civil Code, as well as by the Decree of the President
Russian Federation. They must be carefully "scheduled.
dignity "in the new ZK. Grounds for the emergence and termination
rights to land are inextricably intertwined and intersect-
Xia: some have the right to land, others have it
stops. When providing land from the state
noble and municipal property in private ceases-
Xia right of state and municipal property
and the right to private property arises and vice versa. Od-
one of the ways to terminate the right to land is
seizure (redemption) of land for state and municipal
needs (Art. 278-282 of the Civil Code) and the seizure of land
in connection with the violation of land legislation (Art.
284-286 GK). In the LC, these grounds are abolished, they must
be clearly formulated in the new ZK. Mass basis-
termination of rights to land are the above
transactions with land (Article 260 of the Civil Code), which are subject to specific
tization in the new ZK. There is no need to stop in detail.
to pour on everyone, but in the sale and purchase of land it is necessary
stop, for this is new and, moreover, very
controversial and controversial phenomenon. There are
supporters, but many opponents of the sale and purchase of land.
In a number of cases it has been introduced by law. But there are objections to the widespread sale and purchase of agricultural
lands. The Civil Code provides for it (although not directly), but
does not set boundaries and, thus, refers to the land
to the law. In the process of developing a new ZK, this is one of
the most pressing issues. But in principle, and buying and selling agricultural
agricultural land can be entered into a rigid framework,
so that it does not lead to sharply negative consequences
twiyam. It is forbidden to sell for the use of land not
for the intended purpose. The Civil Code provides for an exemption (you-
kup) of land in such cases (Art. 284 - 287 Ch. 17) and
refers to land law. Thus,
should establish a rigid framework for the use of agricultural
economic lands. They cannot be "allowed" into the common
the mill market, they must be left in the market only for rural
economic lands. Land buyers, including
it seems that both foreign individuals and legal entities,
if they wish to conduct agricultural
new production, should have the right to buy it. In Russia
a lot of oil is produced and exported,
gas and timber. But after all, the land cannot be taken abroad,
it can be used honestly and conscientiously, and then
the purchase and sale of land will not lead to negative pos-
consequences. There are also economic mechanisms - progress
sive land tax, stimulating their rational
and effective use, strengthening the state
control over the use and protection of all, and especially
agricultural, land. Taking into account all these circumstances,
activities, it seems to many, it would be possible to introduce a purchase
lyu-sale of agricultural land, including
foreign individuals and legal entities. May be,
this would become one of the means of ensuring the master's
attitude to land and increasing agricultural production. But,
we repeat, the issue needs to be worked out. Economic law
management and the right of operational management - apply-
Are they down to earth? By subjects of civil and land
relations are state-owned enterprises and unitary state
state and municipal enterprises. They are legal
individuals, but they are not private legal entities. Maybe
a question arises about economic management or operational
Mr. management. This is stated in Ch. 19 Civil Code (Art.
to the right to land, in chap. 17 of the Civil Code, they are not provided.
And in the previous system, they were not used, but were applied
the right to use and own, as well as in the established
limits of the right to order (this was written by A.V. Vene-
diktov, A.V. Karass, S.N. Bratus, G.N. Polyanskaya).
belong to property, but not to land and other natural resources
resources. In ch. 17 K, specifically devoted to the rights to
land, not, it is said about economic management and opera-
efficient management of land, but only the ownership and
use (including rent), partly about the right
permanent user of land to dispose of it with the co-
lasia of the owner.
Is acquisitive prescription applicable to land? Inte-
important and important is the question of acquisition pressure
nosti (Article 234 of the Civil Code). To the right to ordinary property, she
applies. Does it apply to the origin of law
land ownership? It seems that not always. In ch. 17
It is not provided for by the Civil Code. The earth was originally always in
state property, therefore state
or municipal land is unlikely to be no man's land.
Moreover, land is a special piece of real estate. On
practice, many citizens have long used (or
use) unformed plots, then these plots
can be registered as property by the authorities,
use, ownership, lease according to established norms and
in general order. If the site is in private
property, but the owner is not announced and is not presented
lays its rights to the site, it is subject to
acquisitive rules. The issue requires a solution
in the new ZK. Requisition and seizure - whether applicable
are they to land? Requisition is a seizure in
cases established by law (natural disasters, epi-
zootics, epidemics, accidents, etc.) property with payment
its cost (Art. 242 Chapter 15 of the Civil Code). In ch. 17 requisition
land is not provided. And in general, it does not apply to
land, since this is a special object of property, in relation to
to which it is practically impossible to apply the requi-
positions. It is applicable to houses and structures, transportation
funds, food, etc. In relation to land
there is a special measure - its withdrawal (ransom) for
state or municipal needs or for violation
land legislation (Chapter 17 KG), but not at all in
in those cases that are provided for the requisition of customary
other property (not land). Confiscation of property
stipulated by Art. Ch. 243 15 GK. In ch. 17 she doesn't foresee
motren. But in relation to land as property (although
special), confiscation is possible. But only in the ZK and Criminal Code do not
it is necessary to determine the cases and procedure for land confiscation.
For example, in a court verdict, a mandatory statement is required.
knowledge of the confiscation of land (along with all property).
Without this, the confiscation of land is impossible. Similar
confiscation of land is impossible until the Land Code and the Criminal Code determine
specific crimes that entail its confiscation have been identified.
But even this is hardly necessary, since in Ch. 17 GK have-
there are articles on the seizure of land for violations of land
legislation (Articles 284 - 286 of the Civil Code). And this is quite acceptable
enough, and it is unlikely that any
