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Concept and composition of agricultural land. Federal Law No. 101-FZ "On the circulation of agricultural land"

The concept and composition of agricultural land are fixed in the ZK. According to Article 77, such areas include sites located beyond the boundaries of settlements, provided for agricultural needs. Let us consider in more detail the concept and composition of agricultural land.

Specificity

The key feature of agricultural lands is that they are the main means of production. Activities in such areas are associated with the production of food, animal feed, industrial raw materials. ", а также ЗК устанавливают специальный правовой режим. In this connection, the Federal Law "On the circulation of agricultural land ", as well as the ZK, establishes a special legal regime. It includes measures to ensure soil protection, increase their fertility. The regulations also stipulate measures to prevent the exclusion of these territories from agricultural traffic. As the subjects of rights to sites are organizations and fiz. Persons who meet the requirements established by law.

Concept and composition of agricultural land

The considered territories are divided into:

  1. The land.
  2. Areas occupied by communications, on-farm roads, wood and shrub plantations, designed to protect allotments from the negative impact of man-made, anthropogenic, natural phenomena, enclosed reservoirs, structures, structures, buildings used for the production, storage, primary processing of agricultural products.

According to Article 79 of the LC (paragraph 1), the land is divided depending on the economic feasibility of their operation and natural properties on:

  1. Hayfields.
  2. Arable land.
  3. Pastures.
  4. Territories occupied by perennial crops.
  5. Zalezhi.

Additionally

включает в себя также особо охраняемые, продуктивные территории. The structure of the land fund includes also specially protected, productive territories. Among them, among others, are the sites (fields) of research and educational institutions. The list of such allotments is established in the regional legislation. – включает в себя также участки, предоставляемые гражданам для ведения ЛПХ, коллективного и индивидуального садоводства, огородничества, животноводства. The considered category of land - agricultural land - also includes plots provided to citizens for conducting private household plots, collective and individual gardening, gardening, livestock.

Other areas

включает в себя площади, на которых располагаются с/х объекты. The land fund includes the areas on which the agricultural facilities are located. They include:

  1. Communications.
  2. Roads.
  3. Wood and shrub plantations intended to protect the territories from the negative influence of external factors, closed water objects.
  4. Buildings, structures, used for production, primary processing, storage of agricultural products.

These lands are called non-agricultural land. They are also referred to as inconveniences - bogs, ravines, etc.

Types of agricultural land use

A special position among all territories is occupied by the land on which are located tree and shrub plantations, providing protection from negative environmental influences. позволяет эксплуатировать эти площади для выращивания растений. On the one hand, the permitted use of agricultural land makes it possible to exploit these areas for growing plants. On the other hand, they are a territorial basis for planting plantations. позволяет эксплуатировать участки в самых разных целях. The structure of the land fund allows you to exploit the plots for a variety of purposes. For example, subjects can conduct agricultural production, create protective plantations. The earths are used for scientific research, educational and other purposes. Meanwhile, when allocating plots, specific subjects may be subject to restrictions. For example, some areas can only be used for farming, gardening or gardening. Such restrictions affect the scope of the rights of the subjects. So, a farmer can build a house on his own plot, but a gardener or owner of a private farm does not.

Legal actions

необходимо сказать и о возможностях, которые предоставляются субъектам, в зависимости от типа территории и правового режима. Considering the concept and composition of agricultural land, it is necessary to say about the opportunities that are provided to the subjects, depending on the type of territory and legal regime. General provisions are fixed GK and ZK. " определяет условия заключения договоров аренды территорий, находящихся в долевой собственности (9 статья), и иных соглашений. FZ "On the circulation of agricultural land " determines the conditions for concluding lease agreements for territories in shared ownership (Article 9) and other agreements. In accordance with the current provisions, the plots can be sold, pledged, donated, put into operation, disposed of in other ways. In this case, allotments should not be withdrawn or restricted in circulation. At fulfillment of each legal action with objects the contract is concluded.

Purchase and sale

This transaction is considered the most common. According to Article 3 of the LC, purchase and sale of land plots is regulated by the Civil Code, unless otherwise established by the Forestry, Land, Water Code, Subsoil Law, Environment Act and other acts. The conclusion of the contract for the acquisition / sale of the allotment is carried out in accordance with the rules of articles 549-557 and 454-491 of the Civil Code. In addition, the features of Art. 37, as well as art. . 10.8, 3 101-FZ .

Requirements

To sell an allotment, you must observe a number of conditions. In particular:

  1. The plot must be on state records, according to Federal Law No. 28.
  2. The seller can not impose conditions on the limitation of the acquirer for the performance of subsequent actions related to the disposal of the property, the possibility of redemption, removing himself from any liability in the event of claims against the allotment from third parties.
  3. The buyer when providing the owner of knowingly false information about the site may require a price reduction or termination of the agreement. In addition, he may file a claim for compensation for losses incurred.

Mandatory procedure

As part of the transactions for the sale and purchase of land, an assessment of agricultural land is carried out. It is necessary to obtain reliable information about the market value of the object. It is important for the buyer to know that the price of land is not too high. For the owner this also matters, since the chances of selling the property are significantly reduced if its value does not match the market value. However, the price should not be too low. Otherwise, the seller will lose revenue.

For rent

допускает предоставление участков, находящихся в долевой собственности, в эксплуатацию. 101-FZ allows the allocation of plots in shared ownership, in operation. The relevant agreement can be concluded with all co-owners, and with one entity acting in accordance with the power of attorney. – уникальный ресурс страны. The land fund is a unique resource of the country. His protection is a priority task of the state. In this regard, the current legislation establishes strict rules, according to which the disposal of allotments is allowed. With regard to leasing, the rules set the requirement for notarization of powers of attorney, granting persons the authority to formalize the relevant agreements that are issued by the owners. The certificate of the document can also be carried out by officials of territorial authorities.

Rights of the owner

The owner of the allotment, renting it out, can independently determine the service life. This possibility is included in the list of basic rights of the owner. The federal law establishes that, in accordance with the permitted use of leased land, regional standards may determine the minimum useful life of allotments. Clause 6 of Article 9 of the Law stipulates that the area of the provided sites is not limited.

An Important Moment

As for sales transactions, the law sets out a number of requirements that must be met by leased plots. To provide the share of the allotment, it must be allocated in kind. For this, land surveying, cadastral number assignment and registration of rights are carried out. Only after having completed these procedures, the owner can transfer the allotment for rent.

Inheritance

It is carried out according to the provisions of the Civil Code. The basic procedures and concepts associated with inheritance are provided for in articles 1110-1175. In Art. 1176-1185 stipulates the provisions regulating the transfer of rights to individual property. So, according to the 1181 article, the site, which is in ownership or on the right of lifetime possession, is included in the hereditary mass and passes on the general grounds provided by the Civil Code. For the acceptance of these objects by the successors, special permission is not needed. To the heirs pass the soil (surface) layer, located within the boundaries of the site, enclosed water bodies, as well as plants and forest located on it.

Special conditions

Legislation fixes additional features of the transfer of plots by inheritance. If the succession is connected with the violation of the prescriptions fixed by Articles 3 or 4 of the Federal Law regulating the turnover of land, the property receiving entities must alienate such an allotment, in accordance with the rules of Article 5. In Art. 3 of the Law defines the circle of persons who can not be owners of agricultural lands. In Article 4 of the normative act, the procedure for determining the minimum and maximum area of the allotment, which may be owned by one entity, is fixed. The criteria by which these dimensions are set depend on the requirements of land management. In some cases, the division of a plot that is in shared ownership is impossible. In such situations, the allotment passes to the successor, who has the pre-emptive right to receive it on account of the part of the property that is assigned to him. The remaining successors are paid compensation.

Conclusion

Turnover of agricultural territories - the system of redistribution of land allocated for agricultural needs, between the relevant entities. To the basic operations within the framework of developing relations carry rent, purchase-sale, inheritance. In addition, the plots can be exchanged, pledged, etc. The law requires that, in the performance of any legal action, a contract be drawn up. The rules for concluding an agreement depend on the specifics of the transaction, the presence of restrictions / encumbrances. In any case, the operations should not infringe on the interests of third parties, and also damage natural resources.

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