Questions on land legislation. Sample list of questions for the land law exam. The city administration has the right to conduct land surveying without the consent of residents

Land is the main value of every citizen. This is the object of many disputes and intrigues between different segments of the population. It can belong by right of ownership or use, serve for many purposes, for example, vegetable garden, agriculture, recreation, you can build housing or do business on it entrepreneurial activity. Therefore, land legal relations represent a special type of real estate for citizens and enterprises and are regulated by the relevant sub-sector civil law– land law.

Land law is a branch of law that regulates legal relations in the field of land relations, which are enshrined in the Land Code of the Russian Federation, Federal Laws, and relate to vegetable gardening, horticulture, agriculture, summer cottages, real estate cadastre, etc. Based on this, land that is the object of civil law relations is given special legal protection.

How are land relations regulated?

Regulation of land relations consists of rational use of land and its protection. For this purpose, certain rules and regulations are established regarding its possession, use and disposal.

In accordance with current legislation, land relations are regulated by the authorities state power various levels, and apply to all lands and all subjects of land relations, as well as to lands that are granted for possession and use.

Land relations are legal character. This is a certain set of measures that are aimed at managing land. Settlements, transport routes, and industry are located on the ground. Another important priority of the earth is agriculture - the production of food products that are vital for humans. Thus, land is a value that can be claimed only by observing certain legal norms. The legislation of the Russian Federation contains many rules that regulate land protection.

In addition to land, the object of land relations are also land plots and their parts. Plots can be divisible and indivisible. The first category includes those that can be divided into parts, and they will exist as separate fates.

Participants in land relations are citizens legal entities, state, other municipalities.

There are a number of factors, the specifics of which determine market land relations:

  • climatic conditions. Requires compliance with certain legal measures that protect the agricultural industry, such as insurance;
  • instability of prices for agricultural products;
  • low level of investment.

Land disputes

Land disputes are a conflict that
arises both between citizens and between citizens and enterprises, organizations of various forms of ownership when the rights of owners are violated land plots. The reason for disputes is often the length of time it takes to resolve claims of participants in land disputes. Some of the common issues are violations of neighborhood rules, land lease, purchase and sale agreements, land use, and ownership of a land plot.

Such disputes can be considered and resolved by specialists in this area of ​​law. The legislation of the Russian Federation defines categories of disputes that are resolved in judicial procedure. For example:

  • unlawful actions of authorities in granting the right to dispose of land;
  • termination of rights to a land plot;
  • compensation for damage in case of violation of property rights;
  • compensation for damage due to illegal rental land plot.

Disputes also arise when dividing plots between owners who have individual residential buildings, establishing the boundaries of land plots, the right and procedure for using them. Land disputes are considered by the court and can last for many years.

To obtain competent, qualified information on land relations, you must contact a lawyer of appropriate qualifications.

IN everyday life Many legal relations arise that we sometimes have no idea how to resolve correctly for ourselves. This arises due to a lack of knowledge and practical skills in a particular area. Quit difficult situation Specialists who have the necessary knowledge will always help and are ready to help solve complex issues. One of these specialists is a land lawyer.

Consultations can be like paid and free. In both cases, qualified legal assistance will be provided. Of course, in some issues of land legal relations it is better to work directly with a lawyer on land issues. And there are times when a simple consultation is enough. This is why there are free consultations. For example, online legal advice on land issues is practice for a lawyer, gaining new experience, expanding the circle of clients. Although, on the other hand, it is an opportunity for a person to independently resolve an issue that concerns him and thus expand his knowledge, learn about his rights and opportunities.

Lawyers on land issues can represent the interests of the client in pre-trial and trial, advise on land legal relations.

A lawyer's services may include the following:

  • determination of the boundaries of land plots, the so-called disputes over land surveying;
  • examination of land disputes;
  • use of plots;
  • the right to self-construction or permission to demolish it;
  • ownership of a land plot, its privatization;
  • division of plots, the right to use such plots;
  • easements on land plots;
  • invalidity of land transactions;
  • inheritance in the form of a land plot;
  • land transactions;
  • allocation of shares and division of residential premises.

Also, lawyers on land issues can provide legal support throughout the entire period until the land dispute is resolved.

In legal disputes, a lawyer prepares necessary documents, represents the client's interests in court.

As practice shows, most questions arise in cases concerning the registration of inheritance for land plots, ownership rights, and the allocation of land for the development of residential buildings. Citizens often have problems dividing land plots and determining the order of their use.

Disputes in the courts on land issues are defined by some legal subtleties, which are inherent in a particular territorial area. For example, conducting land examinations. A large percentage of winning cases are cases involving representatives of the parties represented by a lawyer or lawyer on land issues. For this reason, it is more beneficial to contact a land specialist at the first stage of land disputes. In this case, the problem can be resolved at the pre-trial stage, and will not drag on for many years as an unresolved issue.

Remember, resolving land issues yourself can cause bad consequences. A land lawyer will help you understand your current situation by studying all the documents, assessing the risks, analyzing the consequences and providing you with the most beneficial solution to the problem.

The role of the manager in the process of innovation.

Classification of innovative organizations.

EXAMINATION CARD No. 30

Political risks when implementing innovative projects.

Internal sources of financing innovative projects.

EXAMINATION TICKET No. 29

Commercial risks when implementing innovative projects.

External sources of financing for innovative projects.

EXAMINATION CARD No. 28

Financial risks when implementing innovative projects.

EXAMINATION CARD No. 27

1. Financing innovation: problems and methods.

Teacher: A.Yu. Poberiy

Head Department: V.P.Chesnokov

I affirm:

MINISTRY OF EDUCATION AND SCIENCE OF RUSSIA

Syktyvkar branch

Teacher: A.Yu. Poberiy

Head Department: V.P.Chesnokov

Tickets were approved at the department meeting: No. 1 of September 28, 2012


I affirm:

Deputy Director for MMR________________A.V. Oblizov

MINISTRY OF EDUCATION AND SCIENCE OF RUSSIA
federal state budget educational institution higher vocational education

"St. Petersburg state university service and economy"

Syktyvkar branch

Department: "Economics and Management"

Discipline: Innovation management

For specialty: 080200 “Management”

Form of study: full-time, part-time

Teacher: A.Yu. Poberiy

Head Department: V.P.Chesnokov

Tickets were approved at the department meeting: No. 1 of September 28, 2012

I affirm:

Deputy Director for MMR___________Olizov A.V.

MINISTRY OF EDUCATION AND SCIENCE OF RUSSIA
federal state budgetary educational institution of higher professional education

"St. Petersburg State University of Service and Economics"

Syktyvkar branch

Department: "Economics and Management"

Discipline: Innovation management

For specialty: 080200 “Management”

Form of study: full-time, part-time

Teacher: A.Yu. Poberiy

Head Department: V.P.Chesnokov

Tickets were approved at the department meeting: No. 1 of September 28, 2012



1. Art. 170UK (Types legal liability for violation of land legislation.

2. Principles of land law and land legislation

1. RFP method and system

2. Land management

1. The concept of land legal relations, composition, features

2. Administrative responsibility – 78

1. Land control – 70

2. History of the development of salary – 12.18

1. Land reform – 19

2. Compensation for losses under land legislation – 80

1. Classification of ZPO. Grounds for occurrence, change, termination – 4

2. The right to limited use of land plots, encumbrances on land plots

1. Sources of salary

2. Powers of the owner of the land plot – 51

1. Subject of the PO. Constitutional basis of the Law

2. Regime of water fund lands

1. The procedure for establishing and collecting land tax

2. Control system

1. Objects of taxation, subjects of taxation

2. Land turnover

1. Control over the use and protection of lands (concept and types)

2. Legal regime of forests. Forest fund lands

1. Transfer of ownership – 50

2. Service allotment (urgent use)

1. Inventory

2. Correlation with other industries

1. Monitoring

2. Responsibility. Its concept and features

1. The procedure for providing land plots for purposes not related to construction

2. Land tax benefits

1. Legal regime of plots provided for construction

2. Concept and elements of the offense

1. Land process

2. Providing land for construction

1. Criminal liability(Article 253 of the Criminal Code)

2. Grounds for the emergence of land rights

1. Grounds for termination of rights to memory

2. Rent and standard price of land

1. State ownership of land

2. Land tax rates and features of calculating land tax when providing land plots for construction

1. Property rights: concept and characteristics.

2. Lands of specially protected areas

1. The concept of private property, general characteristics. Subjects

2. The concept of land disputes, types of bodies

1. Privatization (forms and methods)

2. Moment of transfer of ownership of the memory

1. Cadastre – 61

2. The right of lifelong inheritable ownership

1. General shared ownership

2. Legal regime of agricultural lands

1. Transactions with lands. Concept and types

2. Special purpose lands. Legal regime

1. Purchase and sale

2. Withdrawal for state needs

1. Right of P(B) use

2. Mortgage

1. Donation agreement, inheritance agreement

2. Earth settlements. Mode

2. Land protection: concept, goals, content

1. The procedure for delimiting state property

2. Rules and regulations of persons using land, protection of their rights

1. Land as an object of protection

2. Legal regime for environmental, recreational, historical, cultural and special purposes

1. Compensation for losses in agricultural production

2. The concept and content of land management. resources

1. Land legal responsibility. Disciplinary responsibility

2. Common joint property

1. Civil liability

2. Legal regime of land plots on which real estate objects are located

1. Storage lease agreement

2. Legal regime of specially protected areas

1. Municipal property

2. Free urgent use of memory

?Who can establish public easements
!decision general meeting population of a particular locality
*regulatory legal act of the Federation Council or bodies local government
!regulatory legal act Russian Federation
!there is no correct answer
?In what cases is land plots with existing buildings and structures belonging to one person not alienated?
!if isolated cases of violation of environmental norms and rules are identified in accordance with the established procedure
*if a building or structure withdrawn from circulation in accordance with the Civil Code of the Russian Federation is alienated
!there is no correct answer
!if buildings and structures are part of agricultural land
?What land plots cannot be the subject of a mortgage?
!temporary use
*owned by foreign legal entities
!in all listed cases
!being in joint shared ownership
?When purchasing a land plot for municipal needs:
*the owner is notified in writing no later than one year before the upcoming seizure
!the owner may be notified within a reasonable time frame determined by the RF Land Code
!the owner is notified in writing no later than 6 months before the upcoming seizure
!there is no correct answer
?Purchase and sale of land plots are excluded:
!there is no correct answer


!if the land plots are in municipal ownership
?What are the responsibilities of land owners
!inform government authorities about your intentions to alienate the land plot
*make payments for land on time
!maintain special signs installed on the site
!all listed cases are the responsibility of the owner
?What activities are not included in the tasks of land management
!maintenance of State cadastral land registration
!measures for land protection
!there is no correct answer
*monitoring and studying the condition of lands
?If the land plot intended for housing construction is not used, then:
*it can be withdrawn from the owner if it is not used for 3 years
!the owner has the right to change the status of the site and use it for other purposes
!it can be withdrawn from the owner if it is not used for 5 years
!it cannot be confiscated under any circumstances
?Cadastral value land is installed:
!market relations operating on the territory of a constituent entity of the Russian Federation
*Russian Federation
*local authorities
!individual subjects of the Russian Federation
?Inheritance of land plots can be carried out:
*can be carried out both by law and by will
!there is no correct answer
!only by will
!only by law
?Who can be the subject of the right of lifelong inheritable ownership
!there is no correct answer
*only citizen of the Russian Federation
!only an individual
!only individuals and legal entities. persons, with a share of “Russian” authorized capital more than 50%
?For what purposes can public easements be established in accordance with the Land Code of the Russian Federation?
!to create recreational recreation areas
*for temporary use of a land plot for the purpose of survey work
!there is no correct answer
!for the construction of housing facilities
?Which categories of land are not subject to privatization
!land of populated areas
!there is no correct answer
*land for sanitary protection purposes
!agricultural land
?Which lands are subject to restrictions on use
!on which housing construction is carried out
*lands subject to degradation
!all listed cases
!which are agricultural lands
?What information should not be contained in an auction notice of the sale of a land plot
!about the auction organizer
*about the cadastral value of the land plot
!about the boundaries of the land plot
!about the amount of the deposit for participation in the auction
?Transport lands are intended and can be used:
!for the placement of objects necessary for the repair of railway transport
!for organizing commercial activities in the field of transportation
!there is no correct answer
*for the construction of special warehouses on railway rights-of-way
?What are land relations based on?
!only on a combination of private law norms
!only on a combination of public law norms
*based on a combination of norms of both public and private law
!there is no correct answer
?What does the concept of “legal regime of land” include?
!urban planning law
!forest law
!all of the above
*ownership of land
?Users of land plots provided for free, fixed-term use:
!there is no correct answer
*build water bodies in accordance with established requirements
!have the right to erect any buildings on this land plot
!has the right to transfer this plot for rent (sublease)
?The composition of the lands of settlements does not include territorial zones occupied by lands:
!special purpose
!there is no correct answer
*to support space activities
!water bodies
?What restrictions on the rights of land owners are established by current legislation
!strict adherence to the land reclamation procedure
*special conditions for preserving the fertile soil layer
!obligation to monitor land
!certain conditions for renting land plots
?What activities are not included in the purposes of maintaining the state land cadastre
!measures for land assessment
!measures for the distribution of land resources
!monitoring and studying the condition of lands
*measures aimed at preserving land fertility
?What norms for the provision of land plots exist according to the Land Code of the Russian Federation
*maximum and minimum sizes
!there is no correct answer
!minimum sizes only
!maximum dimensions only
?Agricultural lands cannot be alienated:
*legal entities with a share of foreign capital of more than 75%
!business partnerships
!all of the above
!religious organizations
?In what cases is the purchase and sale of land plots excluded?
!if the land plots are indivisible
*if the land plots have not passed state cadastral registration
!if the land plots have encumbrances
!if land plots are owned by constituent entities of the Russian Federation
?In accordance with the Forest Code of the Russian Federation, the forest fund lands include:
!rediny
*forestry
!cuttings
!cutting areas
?Where can land disputes be considered?
!in the court at the place of residence of the plaintiff (applicant)
!contractual jurisdiction applies
!in court at the defendant’s place of residence
*in court at the location of the land plot
?Who carries out industrial land control
!government agencies, local government bodies or business entities
!only by government agencies
!only by state bodies or local governments
*only by business entities
?What is the marginal land tax rate for individuals?
!0.5% of the cadastral value of the land plot
*0.3% of the cadastral value of the land plot
!0.1% of the cadastral value of the land plot
*1.5% of the cadastral value of the land plot
?What documents relate to land cadastral registration documents:
!working plan of the land plot
!map of the locality
*cadastral affairs
!certificate of absence of arrears in payment of land tax

Land Law Questions
Land Law Answers
1. The concept of land law, its subject and method.
2. The concept and system of principles of land law.
3. The place of the land law system in the legal system of the Russian Federation.
4. Land law as a science, branch of legislation, academic discipline.
5. History of the emergence and development of the ZP.
6. Concept and types of sources of land law.
7. Constitutional foundations of land law.
8. Land Code as a source of land law.
9. Federal and regional land legislation.
10. Composition of land legal relations, subjects of land legal relations.
11. Objects of land legal relations.
12. Categories of land in the Russian Federation.
13. Transfer of land from one category to another.
14. The concept of land ownership.
15. State ownership of land.
16. The right of municipal ownership of land.
17. Concept and characteristics of private property rights to land.
18. Rights and obligations of land owners.
19. Concept and general characteristics of common land ownership.
20. The procedure for allocating land plots on account of shares in the right of common ownership of a land plot from agricultural lands.
21. The right to lifelong inheritable ownership of a land plot.
22. The right to permanent, unlimited use of a land plot.
23. The right to free temporary use of a land plot.
24. Easement on a land plot and its types.
25. Rent of land.
26. Grounds for the emergence of the right to land.
27. Forms and place of transactions with land.
28. Documents on rights to a land plot.
29. State registration of land transactions.
30. The procedure for providing land for construction from land in state or municipal ownership with preliminary approval of the location of the facility.
31. Provision of land plots for construction without prior approval of the location of the facility.
32. Provision of land plots for purposes related to housing construction.
33. The procedure for providing citizens with land plots from state or municipal lands for purposes not related to construction.
34. Purchase and sale of non-agricultural land.
35. Purchase and sale of agricultural land.
36. Mortgage of land plots.
37. Grounds for termination of rights to land.
38. Types of voluntary termination of land ownership rights.
39. Grounds for forced seizure of land from the owner.
40. Confiscation of land for state or municipal needs.
41. Bodies exercising state management of the use of land protection.
42. Powers of the Russian Federation, Subjects of the Russian Federation, local governments to regulate land relations.
43. Land management, its types.
44. Stages of the land management process.
45. State land cadastre: Concept, goals, principles.
46. ​​Contents and procedure for maintaining the state land cadastre.
47. Competence federal service state registration, cadastre and cartography.
48. Land monitoring.
49. Implementing bodies state control for the use and protection of lands.
50. Contents of state control over the use and protection of lands.
51. Contents of municipal, public and industrial control over the use and protection of land.
52. Procedure for determining rent.
53. Procedure for collecting land tax.
54. Persons exempt from land tax.
55. Cadastral value of a land plot. Cases in which the standard price of land is applied.
56. Land offences, its types.
57. Criminal offenses in the field of use and protection of land.
58. Grounds and procedure for forced seizure of land plots as sanctions for offenses.
59. Administrative liability for violation of land legislation.
60. The procedure for compensation for damage caused by violation of land legislation.

Answers to questions about land law.

Question 1. The concept of land law and its system.

Land law- a set of legal norms regulating relations in the field of protection and use of land.

System:

1) general part: the institution of land ownership, management in the field of land law, etc.

2) special part: starting from ch. 14 of the Land Code of the Russian Federation, regarding the category of land.

Question 2. Subject of land law. Methods legal regulation land relations.

Subject of the PO– a set of social relations regarding the use and protection of land.

Methods of legal regulation– a system of means and methods of influencing participants in social relations to ensure their appropriate behavior.

1) imperative: apply to relations that develop in the sphere of public administration when identifying land legal relations, when seizing lands for state and municipal needs.

2) dispositive: used in land transactions.

Question 3. Objects of land relations.

1. Land as a natural object and resource.

2. Land plot.

3. Part of the land plot.

Question 4. Land plot: concept, rules of formation.

A land plot is a part of the earth’s surface, the boundaries of which are determined in accordance with the Federal Law.

Formation:

Land plots are formed when dividing, merging, redistributing land plots or separating them from land plots, as well as from lands in state or municipal ownership.

The location of the boundaries of the land plot and its area are determined taking into account the actual land use in accordance with the requirements of land and urban planning legislation. The location of the boundaries of the land plot is determined taking into account the red lines, the location of the boundaries of adjacent land plots (if any), and the natural boundaries of the land plot.

The location of the boundaries of land plots is subject to, as established hereby Federal law subject to mandatory agreement with interested parties– rights holders of adjacent land plots.

Carrying out work on the formation of land plots includes the performance of work in relation to a land plot, as a result of which the preparation of documents containing information about such a land plot necessary for the implementation of state cadastral registration is ensured, and the implementation of state cadastral registration of such a land plot.

Each property, information about which is entered into the state real estate cadastre, has a state registration number (hereinafter referred to as the cadastral number) that is not repeated over time and on the territory of the Russian Federation. Cadastral numbers are assigned to real estate by the cadastral registration authority.

Question 5. Purpose and permitted use of land.

Purpose – a special direction of land use depending on the role they perform in social relations.

Permitted use of land plots and facilities capital construction may be of the following types:

1) main types of permitted use;

2) conditionally permitted types of use;

3) auxiliary types of permitted use, permissible only as additional to the main types of permitted use and conditionally permitted types of use and carried out in conjunction with them.

Question 6. Land legal relations: concept, types, grounds for emergence and termination.

Land legal relations are social relations regulated by the norms of land law that have arisen in the field of rational use and protection of lands as the basis for the life and activities of peoples living in the territories.

Classification of land rights.

Types of land legal relations:


  1. According to the main economic purpose, land relations can develop:
a) in the process of agricultural production;
b) when using land in industry and construction;
c) when using land in forestry, etc.

  1. By functional purpose land legal relations can be regulatory and law enforcement.
Regulatory legal relations are relations that are regulated by the norms of land law and which are expressed in the performance of positive actions by the participants in these relations.

The basis for the emergence and change of termination of land legal relations is a legal factor. (event and action)inaction)). Contractual transactions, decisions of government authorities, court decisions, etc.

Question 7. Principles of land legislation.

Principles of land legislation. (Art. 1. Land Code of the Russian Federation).


  1. The priority principle is to take into account the importance of the earth as the basis of human life and activity.
In the system natural resources land has distinctive properties, it simultaneously acts as a means of production in agriculture and forestry, operational bases for development in infrastructure, as real estate, object ownership and other real rights.

2. The principle of priority for the protection of land, as the most important component of the environment and means of production in agriculture and forestry.

3. Priority of protection over the use of land as real estate.

4. The principle of the unity of fate of the earth. plots and other related objects.

5. The principle of payment for the use of land, according to this principle, any use of land is carried out for a fee. (land tax and rent).

Question 8. The principle of the unity of fate of a land plot and objects firmly associated with it and its implementation in legislation.

According to this principle, all objects firmly connected with the land plot follow the fate of the land plot, unless otherwise provided by law.

Object: buildings, structures, structures located on this land.

This principle is implemented when making transactions with land plots and real estate located on them.

This principle is also implemented in relation to tenants of buildings, structures and structures. According to Art. 652 of the Civil Code of the Russian Federation, the tenant of buildings, structures and structures has the right to a land plot occupied by the listed objects and necessary for their use.

Question 9. The principle of payment and its implementation in legislation.

One of principles of land legislation,established by Art. 1 of the Land Code of the Russian Federation, ispayment for land use,according to which anyland usecarried out for a fee, except for cases established by federal laws and laws of constituent entities of the Russian Federation.
Forms of payment forland useaccording to Art. 65 of the Land Code of the Russian Federation are land tax (before the implementation of the property tax) and rent. Procedure for calculation and payment land tax is setlegislationRussian Federation on taxes and fees. The main regulatory legal act in this area is the Tax Code of the Russian Federation (Chapter 31 “Land Tax”).

Question 10. Modern land reform and its legal support.

The purpose and essence of land reform were the following main directions:

The transition from nationalization of land to its denationalization (denationalization);

Land privatization;

Decentralization of land ownership. As a result, a plurality of forms of land ownership arose:

Private (individual, common shared and common joint - individuals and legal entities);

State, which is divided into federal property and property of the subjects of the Federation;

Municipal;

Other forms of property rights.

In addition, other forms of land rights have emerged or are developing. This is the right of lifelong inheritable ownership of land; right of use; lease right.

The Constitution of the Russian Federation of 1993 (Article 9) declared that private, state, municipal and other forms of land ownership are established in Russia. Article 36 is specifically devoted to the right of private ownership of land of citizens: they have the right, independently or together with others, to own, use and dispose of land plots belonging to them at their own discretion, without causing harm to other persons, and to comply with the requirements of environmental legislation. The right to private property is established by federal law.

Question 11. Sources of land law. System of land legislation.

Sources of salary – legislative and other regulatory legal acts, adopted and issued by the competent authorities and containing legal norm regulating land legal relations.

1. International legal treaties,signed and ratified by the Russian Federation, containing land legal norms.

2. Federal regulatory legal acts:


  1. Constitution of the Russian Federation.

  2. Codes of the Russian Federation (land, city, town planning, tax, forestry, water.)

  3. Federal Law (Federal Law dated July 24, 2007 “on the state real estate cadastre”; Federal Law dated June 24, 2004 “on the turnover of agricultural land”). GIVE MORE EXAMPLES.

  4. Decrees of the President of the Russian Federation.

  5. Decrees of the Government of the Russian Federation.
3. Regulatory legal acts of the constituent entities of the Russian Federation:

Laws of the constituent entities of the Russian Federation:


  1. Law of the Republic of Adygea dated June 7, 2007 “on the regulation of land relations”, law of the Saratov region dated May 11, 04 “on land”
Question 12. Land Code of the Russian Federation as a source of land law.

The Code consists of 19 chapters. Containing 117 articles regulating in detail relations on the use and protection of lands in the Russian Federation.

The Land Code includes various legal institutions that are developed in the Federal Law and by-laws.

In general, the Land Code creates the legal guarantees proclaimed in the CRF, the rights of citizens:

1. establishes priority for protected lands over the use of land for real estate;

2. priority of protecting human life and health when deciding on costs in connection with the use of land;

3. priority of valuable and specially protected lands over other lands.
Question 13. Powers of the subjects of the federation in the sphere of regulation of land relations.

1. The powers of the subjects of the Russian Federation include the seizure, including through redemption, of lands for the needs of the subjects of the Russian Federation; development and implementation of regional programs for the use and protection of lands located within the borders of the constituent entities of the Russian Federation; other powers not related to the powers of the Russian Federation or the powers of local government bodies.
2. The constituent entities of the Russian Federation shall manage and dispose of land plots owned by the constituent entities of the Russian Federation.
Question 14. Powers of local government bodies sphere of regulation of land relations.

1. The powers of local government bodies in the field of land relations include the reservation of lands, the seizure, including through redemption, of land plots for municipal needs, the establishment, taking into account the requirements of the legislation of the Russian Federation, of rules for land use and development of territories of urban and rural settlements, territories of other municipalities , development and implementation of local programs for the use and protection of land, as well as other powers to resolve issues of local importance in the field of use and protection of land.

2. Local government bodies manage and dispose of land plots that are in municipal ownership.
Question 15. Judicial and arbitration practice of applying land legislation.

The application of land legislation plays a large role in judicial practice. The resolution of the plenum of the Supreme Council of the Russian Federation and the plenums of you of the Russian Federation are mandatory in accordance with the courts general jurisdiction And arbitration courts, they are not sources of land law.

Moreover, with sufficient distribution judicial practice serves as the basis for its generalization with the legislator and publication in the relevant legal norms that fill the gap in legislation.

Question 16. Types of rights to land plots:

TYPES:


  • Rent (with features depending on the term):

    • for a period of up to 1 year (the lease agreement and the right to lease are not subject to state registration);

    • for up to 5 years;

    • for a period of up to 49 years (transactions with the right to lease without the consent of the owner of the land plot, subject to his notification).

  • Free urgent use

  • The right of permanent (unlimited) use (for government and municipal institutions), state-owned enterprises, state authorities and local governments.

  • The right of lifelong inheritable ownership.

Question 17. Ownership of land: concept and types.

The right of property is understood as the measure of a person’s permissible behavior in the possession, use and disposal of property belonging to him.

Forms of land ownership:

1) private property - carried out and implemented by the power of individual citizens and groups in their interests;

2) state property - implemented by the state in the interests of society as a whole;

3) municipal property - implemented by the authorities of local governments in the interests of the population of a particular municipal entity;

4) other forms of ownership - mixed.
Question 18.The right of lifelong inheritable ownership.

Firstly, this right arises only for land plots that are in state or municipal ownership.

Secondly, subject this right can only be individuals.

Thirdly, the right to lifelong inheritable ownership is subject to state registration on the basis of the Civil Code of the Russian Federation and the Law “On State Registration of Rights to Real Estate and Transactions with It.” However, in accordance with the same Federal Law, citizens who received the right of lifelong inheritable ownership before the adoption of the Law (and the vast majority of them) are not required to register it.

Fourth, the copyright holder has the rights to own and use the land plot. In accordance with the Civil Code of the Russian Federation, unless otherwise follows from the conditions for using a land plot established by law, the owner of the land plot has the right to erect buildings, structures and other real estate on it, acquiring ownership rights to it. The disposal of a land plot that is in lifelong inheritable possession is limited. The owner of a land plot cannot dispose of it except by transferring it by inheritance (Clause 2 of Article 21 of the Land Code of the Russian Federation). Thus, the sale, pledge of a land plot and other transactions by its owner that entail or may entail the alienation of the land plot are not allowed.

The right of lifelong inheritable ownership of a land plot is terminated:


  • when a land user or landowner refuses their right to a land plot on the terms and in the manner provided for in Art. 53 3K RF;

  • when a land plot is withdrawn due to its improper use in the manner provided for in Art. 54 3K of the Russian Federation, in the presence of the circumstances specified in i. 2 tbsp. 45 Land Code of the Russian Federation;

  • when the owner acquires ownership of a land plot.
It should be noted that as a result of the entry into force of the RF Land Code, the right of lifelong inheritable ownership should gradually disappear. This follows from paragraph 1 of Art. 21 of the Land Code of the Russian Federation, in accordance with which it is allowed to have land plots on the right of lifelong inheritable ownership, only acquired before the entry into force of the Land Code of the Russian Federation.