Grounds for the emergence of property rights of subjects of the Russian Federation to land plots
Like the state itself, its individual subjects have the right to acquire plots of land on the same grounds, regulated under civil law. In particular, the Civil Code of the Russian Federation establishes that any subject of the state can act as a separate participant in legal relations, unless otherwise established at the level of federal legislation or if this does not contradict its public legal status.
The Code defines the following grounds for the emergence of the right to ownership of land in subjects of the Russian Federation:
1. Civil transactions:
- exchange;
- donation;
- purchase and sale.
2. Court decisions on the need to recognize a certain person’s right to a specific plot.
3. Document confirming receipt of inheritance by law.
In addition to the above methods for a state entity to acquire land ownership rights, civil legislation also establishes a number of specific methods for obtaining them, including:
- confiscation of land;
- seizure of land for the needs of the state or an individual subject of the state;
- seizure of a site that is not used for its intended purpose.
In some situations, legislative acts establish the preemptive right to acquire a plot of land by a separate entity of the state.
The subjects of the Russian Federation own the following land plots: (Article 18 of the Land Code of the Russian Federation)
- which are recognized as such by federal laws (Federal Law of October 25, 2001 No. 137 “On the implementation of the Land Code of the Russian Federation”, Federal Law of March 14, 1995 No. 33-FZ “On Specially Protected Natural Territories”, Federal Law of June 3, 2006 No. 73-FZ “ On the entry into force of the Water Code of the Russian Federation");
-the property right of the subjects of the Russian Federation to which arose during the delimitation of state ownership of land;
which were acquired by constituent entities of the Russian Federation on the grounds provided for by civil legislation;
which were transferred free of charge to the subjects of the Russian Federation from federal property.
In the constituent entities of the Russian Federation - the federal cities of Moscow, St. Petersburg, Sevastopol, a land plot, the ownership of which the owner has renounced, is, from the date of state registration of termination of ownership of it, the property of the corresponding subject of the Russian Federation - the federal city of Moscow, the constituent entity of the Russian Federation - the federal city of St. Petersburg, the constituent entity of the Russian Federation - the federal city of Sevastopol, unless the laws of the specified constituent entities of the Russian Federation establish that such a land plot is the property of municipalities located on the territories of the specified constituent entities of the Russian Federation.
Land plots are in municipal ownership:
- which are recognized as such by federal laws and laws of constituent entities of the Russian Federation adopted in accordance with them;
- the right of municipal ownership to which arose during the delimitation of state ownership of land;
- which were acquired on the grounds established by civil law;
- which are transferred free of charge to municipal ownership from federal property.
Unless otherwise provided by other federal laws, a land plot, the ownership of which the owner has renounced, is, from the date of state registration of termination of ownership of it, the property of a city district, urban or rural settlement, or if such a land plot is located on an intersettlement territory, the property of a municipal district at the location of the land plot.
To ensure their development, lands owned by constituent entities of the Russian Federation, including those outside the boundaries of municipalities, may be transferred free of charge to the ownership of municipalities to ensure their development.
Land plots owned by constituent entities of the Russian Federation may be transferred free of charge into municipal ownership in order to provide them to certain categories of citizens and (or) non-profit organizations created by citizens.
Land plots that are in the municipal ownership of one municipal entity may be transferred free of charge to the municipal ownership of another municipal entity in order to provide them to certain categories of citizens and (or) non-profit organizations created by citizens in accordance with subparagraphs 6 and 7 of Article 39.5 of this Code.
Land plots owned by constituent entities of the Russian Federation, municipal property, may be transferred free of charge to the ownership of constituent entities of the Russian Federation - federal cities of Moscow, St. Petersburg, Sevastopol for the purpose of providing them to certain categories of citizens in accordance with subparagraph 6 of Article 39.5 of this Code, as well as certain categories of citizens and (or) non-profit organizations created by citizens, in cases where the grounds for free provision of land to these persons are provided for by this Code and other federal laws.
1. For the purpose of delimiting state ownership of land, federal property includes:
land plots occupied by buildings, structures, structures owned by the Russian Federation;
land plots provided to government bodies of the Russian Federation, their territorial bodies, as well as state-owned enterprises, state unitary enterprises or non-profit organizations created by federal government bodies;
land plots that are under the right of permanent (indefinite) use, the right of lease, the right of free use from state academies of sciences, from organizations that were under the jurisdiction of state academies of sciences before the entry into force of Federal Law of September 27, 2013 N 253-FZ “On Russian Academy of Sciences, reorganization of state academies of sciences and amendments to certain legislative acts of the Russian Federation,” as well as state institutions included in the structure of the Russian Academy of Sciences;
land plots leased by the State federal executive body performing the functions of providing public services and managing state property in the field of road management;
other land plots provided for by federal laws and lands provided for by federal laws.
2. For the purpose of delimiting state ownership of land, the property of the subjects of the Russian Federation includes:
land plots occupied by buildings, structures, structures owned by constituent entities of the Russian Federation;
land plots provided to state authorities of the constituent entities of the Russian Federation, as well as state-owned enterprises, state unitary enterprises or non-profit organizations created by state authorities of the constituent entities of the Russian Federation;
land plots from agricultural lands occupied by on-farm roads, communications, forest plantations intended to ensure the protection of lands from negative impacts, water bodies, with the exception of such land plots owned by the Russian Federation, owned by municipalities, citizens and legal entities or provided to individuals or legal entities under other proprietary rights;
other land plots provided for by federal laws and lands provided for by federal laws.
3. For the purpose of delimiting state ownership of land, the property of settlements, city districts, and municipal districts includes:
land plots occupied by buildings, structures, structures owned by the relevant municipalities;
land plots provided to local government bodies of the relevant municipalities, as well as state-owned enterprises, municipal unitary enterprises or non-profit organizations created by these local government bodies;
other land plots provided for by federal laws and laws of constituent entities of the Russian Federation adopted in accordance with them and lands provided for by federal laws and laws of constituent entities of the Russian Federation adopted in accordance with them.
4. The property of the constituent entities of the Russian Federation - the federal cities of Moscow and St. Petersburg includes the land plots specified in paragraphs 2 and 3 of this article and located within the borders of these constituent entities of the Russian Federation.
5. Acts issued by the Government of the Russian Federation before July 1, 2006 on the approval of lists of land plots for which, respectively, the Russian Federation, constituent entities of the Russian Federation and municipalities acquire ownership rights when delimiting state ownership of land, are the basis for state registration of ownership rights according to the Russian Federation, constituent entities of the Russian Federation and municipalities for such land plots.
In accordance with paragraph 10 of Article 3 of Law No. 137-FZ (On the implementation of the Land Code of the Russian Federation), the lack of state registration of ownership of land plots, state ownership of which is not delimited, is not an obstacle to their disposal.
The disposal of land plots, state ownership of which is not demarcated, is carried out by local self-government bodies of municipal districts, city districts, unless otherwise provided by the legislation of the Russian Federation on highways and road activities;
The disposal of land plots, state ownership of which is not demarcated, in settlements that are administrative centers (capitals) of constituent entities of the Russian Federation, is carried out by local government bodies of these settlements, unless the laws of the relevant constituent entities of the Russian Federation establish that the disposal of such land plots is carried out by executive bodies of state power subjects of the Russian Federation, as well as unless otherwise provided by the legislation of the Russian Federation on highways and road activities;
The disposal of land plots, state ownership of which is not demarcated, in the constituent entities of the Russian Federation - the federal cities of Moscow and St. Petersburg is carried out by the executive authorities of the specified constituent entities of the Russian Federation, unless their laws establish that these powers are exercised by local governments of intracity municipalities of cities of federal significance, and also unless otherwise provided by the legislation of the Russian Federation on highways and road activities.
The procedure for determining the amount of rent, as well as the procedure, conditions and terms for paying rent for the use of land plots, state ownership of which is not demarcated, are established by state authorities of the constituent entities of the Russian Federation, unless otherwise provided by the Federal Law “On State and on Amendments to certain legislative acts of the Russian Federation."
Examples of federal ownership of land by force of law:
1) industrial and other special purpose lands occupied by energy systems, nuclear energy facilities, etc.
2) forest lands;
3) lands of state reserves and national parks;
4) specially protected areas;
5) lands provided for the needs of the armed forces,
6) land plots of the FSB bodies;
7) land plots of state material reserve organizations;
land plots seized for Olympic venues...
