Differentiation of state ownership of land in the Russian Federation. Grounds for differentiation of state ownership of land

Management of the land fund requires a strict systematization of the resource. In addition to the sites relating to private property, huge areas are in the state department. At the same time, there is a system for classifying lands with different characteristics and belonging to certain subjects. Actually, the consolidation of lands beyond the territories of federal possession, municipalities and other state structures is carried out according to the principles of separation, which are prescribed in the relevant legislative acts. At the same time, the delineation of state property can not but rely on constitutional norms that are decisive for the implementation of such legal procedures.

What is the difference between state lands?

The main feature of this type of land is the status of tightness in the federal fund of the Russian Federation. We can say that this is the basic status of the territories of Russia, which are legally registered as part of its property.

Then there is a division into categories of land not belonging to private property. It is important to emphasize that the plots that are included in the fund of ownership of private owners or organizations can not apply to lands that have the status of state property. Another thing is that the delineation of state ownership of land is made just for further distribution between owners of different levels. Together with the federal main land tenure also allocate other forms of ownership, for which a distinction can be made, but first it is worth considering the very principle of this action.

Types of state land ownership

The basic type of state lands is the federal possession fund. State legal registration so determines the areas that were recognized as the property of the Russian Federation by laws. Along with this, there are also lands of subjects of Russia and municipalities. Usually it is allocated federal sites and possessions that are managed by municipalities.

The unifying factor in determining both categories is that, in fact, both types of land belong to the state. Another thing is that the direct treatment of these funds is carried out by different structures. Obviously, the differentiation of state ownership of land in the Russian Federation occurs on different grounds, which just determine the rights of direct ownership of the plots of the municipal body or other entity. In this case, not always such a sign of separation is precisely the right in some way the original belonging. The law provides for the preparation of government acts, which may also serve as the basis for the division of federal lands.

Property of RF Subjects

As in the case of federal lands, the plots belonging to the ownership of individual entities are not related to private ownership. For example, it can be the territory on which there are objects related to real estate owned by the subjects of the country. In itself, such a delimitation of state property in the Russian Federation is under the control of the authorities. At the same time, this does not exclude the possibility of classifying federal lands as property of individual subjects of the territories that are part of the funds of security zones. For example, these are territories of special regional importance, and such status will not prevent them from being included in the ownership of the subject of the Russian Federation.

Specific regional lands include, in particular, areas of nature protection zones, territories with water resources, etc. Moreover, even if a privatized facility is located on the site, this does not interfere with the distribution. But in such cases, two conditions must be met. First, the site itself should not be privatized. Secondly, prior to the privatization of the property located on the site, it should have been owned by the subject.

The emergence of property rights

As already mentioned, there must be grounds for demarcation of lands, but initially there is a right to own a territory - at least it should be owned by the Russian Federation. This right arises from two aspects. First of all, it is conditioned by state registration of property in accordance with the legislation of the Russian Federation. This applies to the federal and municipal funds.

The second aspect is the judgment or government act - usually this regulation of the ownership right extends to the procedures for the introduction of new lands into the Russian Federation. The subsequent delimitation of state and municipal property with the formation of plots and the allocation of new statuses is made on one or another basis, which should be considered in a separate order.

Grounds for the emergence of ownership of land in the Russian Federation

The basic right, allowing to introduce land plots in the registers, from which distribution is subsequently made, arises on the basis of their registration in different funds. For example, one of the largest is the forestry fund, as well as a huge layer of agricultural land. In practice, it is also the land of settlements, the territories endowed with a special status or meaning, etc. In this case, not always the ground is associated with the status of the land. Although in most cases, many factors are evaluated. If the delimitation of state property is within the authority of the subject, then most often the nuances of practical application are taken into account.

In a broader sense, federal lands are distributed taking into account the strategic interests of the state or a particular region. Especially this applies to territories with developed infrastructure, industrial facilities or energy complexes. There are also separate grounds for distinguishing state ownership of the reserve land. In such cases, the right to own property is due to the availability of real property on the site, which is located in the federal fund of the state.

Grounds for ownership of land in the constituent entities of the Russian Federation

In this case, the basis is the same legal factors as when registering federal property. But there are some additions. For example, in some constituent entities of the Russian Federation and large cities of the federal level, the purpose of preserving a single economic unit can become the basis of this kind. In other words, the delineation of state property of the Russian Federation can be made taking into account specific regional characteristics of the terrain and the specifics of conducting economic activities. Accounting for this factor is also often supported by economic considerations.

Grounds for land ownership rights of the municipality

Municipalities receive, when distributing land, ownership rights on the basis of registration or as a result of privatization. Thus, municipalities can also transfer territories with agricultural land, and sites with industrial facilities, as well as lands included in registers with water resources, recreational zones, etc.

It is worth emphasizing that the delineation of state ownership of certain areas and their subsequent transfer to municipalities also provides for logistic expediency. That is, in the interests of optimal farming, these or those areas can be combined, or vice versa, to be divided into neighboring entities.

The main criterion of the ownership of the land to the subject

At different times, the main criterion for the ownership of lands was the principle of ownership of objects located on a particular site. However, the ambiguity of approaches to the definition of this principle in each specific case gave grounds for its abolition. Therefore, at the moment, the territorial position of the site and its current use are the key criteria for determining the right of ownership. So, if the delimitation of state property is at the level of the municipality, then, for example, an agricultural site can become the property of the nearest village or settlement, the enterprise of which directly exploits this land.

The order of delimitation of territories

The issues of land division are handled by the executive power structures regulating property relations. The document, which is already a practical basis for redistribution, will come up with a list of lands assigned to certain municipal entities or subjects of the Russian Federation.

In the final analysis, a register is prepared, indicating the areas that have affected the delineation of state property. The entity in which such changes occurred, appropriately adjusts data on local land resources in the state cadastre.

Resolution of disputes on land demarcation

The possibility of disputes between subjects and municipal formations of the Russian Federation at delimitation of federal lands is allowed. They are allowed in the process of conciliation proceedings, but there are cases of failure to reach a peace treaty. In such situations, the delineation of state property is confirmed in court.

General principles of distinction

The practice of delineation of state lands shows that, with all legal aspects of implementing such acts, the executive bodies of different levels are guided by two basic principles. First of all, this is the legal framework on which the very ownership of land resources is based on the federal fund, which is legally reinforced by the registration of ownership.

And the second principle, by which the differentiation of state and municipal ownership of land is made, is based on economic, organizational and cultural expediency. Depending on the characteristics of a particular territory, the pre-emptive right of its ownership by that or other subject is also determined. Undoubtedly, unequivocal decisions are not always made. For example, the economic factors that lead to a decision may conflict with geographical or cultural aspects of expediency.

Conclusion

To date, the process of delineation of state lands is defined as the initial way of establishing ownership. And as the owner can act directly and the federal fund, and subjects of the Russian Federation, and municipal government bodies. And in all three cases, the land will not be privately owned.

Also, the delineation of state property can be viewed as an instrument of legal differentiation of property. Before the implementation of the act of redistribution of territories, they are in an unrestricted state. After that, you can talk about filling them with more complete meaning. This is evidenced by the establishment of the form of ownership, and the type of land, and the way it is used.