Objects of land relations: concepts and types

Land relations arise in connection with the ownership, use and disposal of plots. Specificity of interactions is determined by the peculiarities of the allotments acting as production facilities. It manifests itself in politics and economics. представляет собой основной источник получения продовольствия и сырья. In the economic sphere, land, as an object of land relations, is the main source of food and raw materials. In politics, the importance of interactions is determined by the fact that farmers, peasants and other owners and users of allotments constitute a significant or major part of the population in most countries. всегда рассматривается как источник борьбы. Accordingly, the land, as an object of land relations, is always regarded as a source of struggle.

Key Elements

Interactions related to the use, disposal and ownership of territories include the following components:

1. Content.
2. Objects and subjects of land relations.

The content of interactions is expressed in the establishment of certain duties and rights for participants.

Classification

Legislation provides for certain types of land relations objects. Interactions arise between participants about spatially-limited, legally homogeneous arrays. территория, разделенная по установленному порядку. Objects of land relations are the territory, divided according to the established order. It has a special purpose and a special category. : The objects of land relations are :

1. Shares of allotments.
2. Sites and parts thereof.
3. Rights to allotments, their shares and parts.

The participants

They are called subjects of land relations. Their composition is determined by Article 5 of the LC. Participants in interactions can be:

1. Citizens.
2. Russian Federation.
3. Yurlitsa.
4. Regions of the Russian Federation.
5. Municipal formations.

The specified subjects can be:

1. Owners.
2. Users.
3. Owners of easements.
4. Tenants.
5. Owners.

могут находиться в постоянном бессрочном или безвозмездном срочном пользовании, пожизненном наследуемом владении. The objects of land relations can be in constant perpetual or gratuitous urgent use, lifelong inheritable possession. In production or other economic purposes, allotments are leased out. In this case, the use of plots is carried out in accordance with the contract. Participants in interactions that own an easement have a limited right to exploit someone else's share.

Specificity

According to 124-125 articles of the Civil Code, regions, the Russian Federation, rural, urban settlements and other MO enter into land relations on an equal footing with other entities - legal entities and citizens. On their behalf, state and local authorities operate. These structures acquire certain rights, bear responsibilities.

Forms of ownership

They are key in the system of interactions and form its basis. With the primitive communal system there was a communal form of ownership. In the slave state it was transformed into a private one. получила развитие при феодализме и капитализме. Subsequently, this form of ownership of land relations objects developed under feudalism and capitalism. After 1917, due to the nationalization of the territories, a monopoly of state property was established. On this basis, socialist relations were formed. In 1990, the reform was carried out. Along with the state, private property was introduced. As a result, land relations radically changed.

Rent

, как выше было сказано, могут предоставляться в пользование. Objects of land and property relations , as mentioned above, can be granted for use. In this case, the owner receives an annuity - the income from the operation is put on by another person. It can exist in one of the following forms:

1. Developmental - corvee.
2. Obrok - rent products.
3. Monetary payment.

Types

Under capitalism, two types of rent were formed: differential and absolute. Under the first is understood the additional profit, which arises in the case when the individual production price is lower than the public one. Differential rent, in turn, can be of two kinds. территории, разделенные по местоположению и плодородию. The first is an additional profit arising when the objects of land relations are the territories divided by location and fertility. Differential rents of the first type are obtained from medium and best allotments. It arises under any form of ownership and will depend on the realizable value of the products that are received from the worst territories. This determines the relationship of this type of rent with the fertility of the soil, the location of the plots relative to the sales markets, the transport infrastructure, and so on. Differential income of the second type arises with new capital investments. This rent appears in the case when the return on investment is higher than the rate of profit in a given region or industry. Monopoly (absolute) income arises from the location of an agricultural enterprise in exceptional conditions of nature.

Forms of use and ownership

They are established in accordance with the procedure specified in the legislation. With the development of society, these forms are changing. Thus, in the primitive communal system, the redistribution of territory occurred between tribes, their unions and families. находились в разных формах пользования. As a consequence, the subjects of land relations were in different forms of use. Under the slave system, the allotments were exploited by noble owners and free peasants. Subsequently, the land was concentrated in the hands of the feudal lords. Under capitalism, large tycoons, tenants, small peasant and farm economies appeared. In the Soviet period, such forms as collective farms and state farms dominated. After the land reform they were transformed into partnerships, societies, peasant farms, their associations, and agricultural cooperatives.

Regularities of development

Economic conditions and the development of productive forces have a significant impact on the content of land relations. In this regard, their improvement is gradual in the case when they are consistent with the processes in the industrial sector of the country. The economic law of conformity acts as the basic law of the formation and expansion of the sphere of land relations. The essence and nature of the relationship with respect to the management, use and ownership of territories is determined by one way or another of production. In the transition from the primitive communal to the slave system, the content of property changed. , но и люди. The main feature in this period was that in the possession were not only objects of public land relations , but also people. In the feudal era patrimonial estates and estates were formed. During this period, the serfdom of the peasantry grew stronger. Under capitalism, a new type of land relations arose. It was formed between hired people and landowners, landlords and tenants. After the revolution and until the 1990s, the interaction arose between the state and the business entity. Substantial adjustments to the situation were made by the reform. Along with the state, individual property also began to exist.

Administrative surveys of land relations objects

In the current ZK, amendments were made to state supervision. In accordance with this, the Government approved Resolution No. 251 of 18.03.2105 on the rules for the implementation of a new phase of control. Participants of land relations are recommended to pay special attention to the consequences of its conduct. Amendments to the ZK came into effect on 1 April. 2015 In accordance with them, the powers of employees of state supervision have significantly expanded. . They are given the right to conduct a survey of objects of land relations . This procedure is devoted to art. 71.2 of the Code. In fact, this procedure is part of the state supervision, since its results will be taken into account in the formation of annual plans for carrying out inspections. Identified during the investigation of violations of the requirements of the LC will be the basis for implementing unscheduled audits with further involvement of the guilty to administrative liability.

Features of the procedure

According to the approved Rules, the inspection is carried out by officials of state surveillance structures who have the authority to perform scheduled and unscheduled audits. It should be noted that the procedure is performed without interaction with the owners of allotments, as well as access of employees directly to the territory. Officials are only allowed to request documents from the local and state authorities, as well as information system operators, owners of archival funds, for verification. After that, they independently, without receiving any additional permits, analyze the information received. Scheduled inspections, which are carried out within the framework of federal environmental supervision, do not apply to administrative surveys.

Priority order

It is provided for certain categories of allotments. , кадастровая стоимость которых выше удельного показателя в соответствующем МО, а также наделы, востребованные в гражданском обороте. In particular, objects of land relations , the cadastral value of which is higher than the specific index in the corresponding MO, will be checked as a priority order, as well as allotments in demand in civil circulation. In the latter case, the statistics of sales transactions are analyzed in accordance with the USRD data. The priority order of inspections is provided for the plots used for agricultural production, selection, variety testing, seed production, breeding of pedigree livestock, experimental training, research activities.

results

If no violations are detected during the survey, scheduled inspections will not be performed within the next three years. The results are drawn up by a special act or conclusion. The first document is drawn up in case of violations. The conclusion is made in their absence. Documents are compiled in electronic form, certified by a digital signature. If this can not be done, then the conclusion (certificate) is made out on paper. Immediately the results of the survey are published on the official website of the body that performed it. The next check will be performed after two years.

Categories

The entire territory within the state border of Russia is its fund. Depending on economic and economic characteristics, it is divided into categories. There are 7:

1. Agricultural land. They are outside the settlements and are provided or intended for agricultural needs. In their composition, the redistribution fund is singled out. It includes escheat lands, plots withdrawn from circulation, or allotments from which the owners voluntarily refused.
2. Territory of human settlements. These lands are used for building. They are always separated by borders from other territories.
3. Special purpose lands. They are located outside populated areas. Rights to them arise on the grounds established by the LC.
4. Specially protected areas. They include lands that have scientific, cultural, historical, environmental, aesthetic, recreational value. A special legal regime is established for them.
5. Forest fund.
6. Earth reserves. They are in municipal or state ownership and are not provided to legal entities and citizens, except for agricultural territories.
7. Water fund. On the objects included in it, there can be an artificial plot of land. As an object of land relations it is used according to general rules. It is created by pouring or pouring soil, using other technologies.

The most important legal characteristics of the plots are the permitted use and the intended purpose. The latter is the conditions and procedure for operating the allotment, established by law. Specific objectives for a particular site are provided according to the category. Permitted use refers to the terms and procedure of operation, taking into account the imposed encumbrances / limitations and special-purpose designation.

Change category

This procedure is regulated by the relevant federal law. может быть переведен из одной категории в другую по решению: Land as an object of land relations can be transferred from one category to another by decision:

1. Governments - for federal territories.
2. Executive regional bodies - for allotments of agricultural, municipal or private property.
3. Local authorities - for other territories.

Nuances

, права на который зарегистрированы в установленном порядке. The object of land relations is a land plot , the rights to which are registered in accordance with the established procedure. The legislation provides for a number of cases where municipal and state agencies can carry out the transfer themselves. The specified structures can apply for change of a category without the consent of the legal owner:

1. If the procedure is related to the adjustment or establishment of boundaries for a settlement.
2. When forming a specially protected natural area without its withdrawal from the right holder.

In other cases, the initiative must come from the owner or other legal owner. The transfer will be deemed valid after the entry in the EGRP. At the same time, changes in title documents are not required.

Borders

должен быть четко обозначен непосредственно на территории и на карте. The land plot, as an object of land relations, should be clearly marked directly on the territory and on the map. The boundaries of allotments are established by land surveying. It acts as a preparatory stage for cadastral registration. A land surveying plan is drawn up during the procedure. It includes graphic and text parts. The first indicate:

1. Information about the cadastral plan or statements on the site.
2. Information about access to the site.
3. Border location.

To any site there must be a travel / trek. The text part contains data on the sections and their parts in the volume defined in the Federal Law "On the State Treasure". This section also provides information on the harmonization of borders (in cases where this is established by law).

Formation of allotments: requirements

The legislation establishes rules that must be observed when creating plots. In particular, the following requirements are met:

1. Limit minimum and maximum sizes of allotments should correspond to the indices determined by town planning regulations. If the operation of a regulatory document does not apply to a territory or it is not provided for a certain section, the permissible values are established, according to the Federal Law. If the size of the allotment does not meet the requirements of the town planning regulations, it is allowed to use the territory, if it does not cause damage to health, people's lives, the environment and specially protected complexes.
2. The boundaries of the plots should not overlap with the lines separating the settlements.
3. The formation of allotments should not cause a striping, wedging, broken borders, inability to locate structures, impede rational use and protection, violate the requirements of the Federal Law.
4. It is forbidden to create plots, the exploitation of which in accordance with permitted use is impossible.

Additionally

Objects of land relations are formed:

1. When merging / dividing parcels.
2. When redistributing land.
3. When allotted from territories in municipal or state ownership.

Target use and designation of newly formed allotments is preserved. The legislation provides for the prohibition of the unification of plots that are granted as an unlimited permanent, urgent gratuitous use, as well as inherited lifelong possession. The exception is when the allotments are located in one person.