Designated use of lands in Russia

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ЦЕЛЕВОЕ НАЗНАЧЕНИЕ ЗЕМЕЛЬ В РОССИИ

DESIGNATED USE OF LANDS IN RUSSIA

Чулошникова А.Э., Неясова Т.В.

ФГБОУ ВПО Нижегородский государственный архитектурно-строительный университет (ННГАСУ), Россия

Chuloshnikova A.E., Neyasova T.V.

FGBOU VPO Nizhny Novgorod State University of Architecture and Civil Engineering (NNGASU) Russia

Abstract

land protection fertility environment

The given paper deals with the issues of designated use of lands in Russia. The authors note that the Code regulates land relations and it is directed at the rational use and protection of land, recreation of fertility of the soil, maintenance and improvement of the natural environment and for equal development of all forms of economic activity in Russia.

Key words: land category, requirements, laws and regulations, changing the boundaries

In Russia the development of land use planning and land cadaster, significantly differ from the majority of European countries, like many other land issues. The main features are vast territory, three centuries of serfdom and full nationalization of land in the Soviet period. The land is divided into the land plots according to the types (categories) and purpose. It is determined by the legal status of the land plot and its permitted use and types of construction [1]. The Land Code regulates land relations and it is directed at the rational use and protection of land, recreation of fertility of the soil, maintenance and improvement of the natural environment and for equal development of all forms of economic activity in Russia. In accordance with the purpose they serve, all national land resources of the RF are divided into the following categories:

farming lands,

populated lands (cities, towns, and villages),

land used for industrial, transport, communications, defense and other purposes,

conservation land, land of historic and cultural value, land used for health-improvement and recreation purposes,

lands of national wood reserves,

lands of national water reserves,

state land reserves.

The category of land is stated in the following documents:

in the state land cadaster;

in the land use register;

in the decisions of executive bodies about land allotment;

in title deeds to land use and tillage [2].

The first attempt to classify the land by its purpose was made in Russia in the Central Executive Committee Decree 1918 "About Socialization of the Ground" [3]. Then 4 categories of the land were defined: the grounds provided for the cultural and educational purposes, agricultural purposes, for construction, and for the road conjunctions. In the law «About the Bases of the Land Legislation of the USSR and Federal Republics" 6 categories of the land were identified in 1968. The industry and transport grounds were united in one category with the resort lands, reserves and the grounds of other nonagricultural use. Only in 1991 the land division by the categories according to their use was made. It was written in the Land Code of the USSR. The procedure to transfer of land from one category into another has been established by the federal laws. Up to the 90s of the XX century, the legal regime of the land plots was determined mainly by their belonging to the definite category of land. But during the transition from planned economy to market economy the division of lands only into categories was not enough and there was a need for more "selective" legal tool. The use of land has been claimed in many requirements established by the federal laws and regulations, as well as the acts of the local government [4]. As early as the mid-1990s and particularly over the past decade, some regions responded to federal initiatives to liberalize land rights, including for those enterprises that had been previously privatized; others, in spite of federal pressure, have proceeded much more slowly, if at all.

The transition from on category into another can be made by the following authorities:

lands under federal ownership by the Government of the Russian Federation;

lands owned by the Russian Federation, and of agricultural grounds located in the municipal property by the executive authorities of the Russian Federation;

lands in municipal property, except agricultural grounds, by the local authorities;

lands in private ownership;

agricultural lands by the executive authorities of the Russian Federation;

lands of other special purpose by the local authorities.

Transfer the settlement grounds into the grounds of other categories and other categories of land in settlements grounds, regardless their form of ownership is carried out by setting or changing the boundaries of the settlements grounds in the manner prescribed by the Land Code of the Russian Federation and the legislation of the Russian Federation on urban planning. Establishing land borders by means of surveying procedure [5; 6].

Plots of land shall be assigned as permanent or fixed-term holdings. Land assignments follow decision of appropriate executive bodies in accordance with the Articles of the Land Code. The Government of the RF establishes Land assignment procedures. Land use planning and cadaster remain important tools of the state land policy. The fundamental transformation of land relations in the last two decades required the changes of these tools. This process was not easy and is still not finished. Now the legislator should be provided a new function. It is the development of agricultural regulations as part of the land use planning.

Bibliography

1. Asaul A.N, Ivanov S.N, Starovoytov M.K. Real Estate Economics. Textbook for high schools. -. 3rd ed, corrected. - SPb .: ANO "IPEV", 2009. -304 p.

2. "Land Code of the Russian Federation" dated 25.10.2001 N 136-FZ (ed. 12.30.2015) RF Land Code, Article.

3. Decree of the Central Executive Committee from 19.02.1918 "On the socialization of the land".- Access: Consultant Plus. Legislation.

4. Town Planning Code of the Russian Federation. Article 37. Types of permitted use of land plots and capital construction projects.

5. Chuloshnikova A.E., Smirnova E.V. /Revisiting the role of land-surveying within the micropolitan limits. hptt://scienceforum.ru/2016/1719/23551

6. Sosnina T.N., Smirnova E.V. //The topography of the Nizhny Novgorod region. www.scienceforum.ru/2016/1719/23642

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