Features of the turnover of agricultural land: legal regulation, principles, restrictions

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

The issue related to the ownership of land - yesterday, today and tomorrow - is debatable. This is reflected both in the emerging economic relations of property and in its legal regulation. To some extent, the situation, which can be characterized by insufficient elaboration of property relations for land plots in terms of legislation, remains. At the same time, not only social, but also economic social stability depends on the regulation of land use and land tenure relations. So, the problems of land ownership are still relevant today. In our article we will talk about the principles and features of the turnover of agricultural land. In addition, consider the legal regulation and restrictions that currently exist.

General provisions

It should be noted that the features of the turnover of agricultural land over time have undergone significant changes. That is why it is advisable to touch on the historical aspect. Such sites form an independent category on the territory of the Russian Federation. Its priority role is due to the importance of land in socio-economic terms.

The transformations that began in the process of agrarian and land reforms and affected primarily agricultural relations, to this day have a practically decisive influence on the legal regime in this area. First of all, this is confirmed by the demonopolization of the state. ownership and the establishment of a variety of forms of land ownership, the emergence of new subjects of agricultural business, an individual procedure for the privatization of agricultural land, special legal regulation of the circulation of agricultural land, which is outside the scope of the new Law of the Russian Federation of October 25, 2001

It must be borne in mind that agricultural plots are, among other things, the subject of research, the object of various kinds of legal relations. So, separately it is possible to consider the legal regulation of the turnover of agricultural land, the procedure and conditions for the use of these plots, the protection of land, the legal regulation of management by the state represented by its certain structures.

Regulation Features

Let's conduct a historical analysis of the legislation regarding the circulation of land in the agricultural sector. Next, we will analyze the actual features of the legal regulation of the turnover of agricultural land. On the territory of the Russian Federation, land has been withdrawn from circulation for quite a long period of time. So, the state did not allow any transactions of civil legal significance with her. There were only administrative-command methods and forms of distribution and, accordingly, redistribution of plots, providing them for use. Nevertheless, the reorganization of the legal and political systems in Russia necessitated the implementation of land reform. As a result, it was liquidated the exclusive state. ownership of the land, recognized the possibility of buying plots as private areas.

However, until today, the way the turnover of agricultural land is regulated leaves much to be desired. It is important to emphasize that the legislation in this area is contradictory and fragmentary. Thus, the main task in this part is to further determine the features of the turnover of agricultural land, as well as their inclusion in laws related to land. The lack of specifics in the regulation of the turnover of plots can be discussed, if only for the reason that only separate articles are devoted to the issues of renting and buying and selling land in the legislation in force on the territory of the Russian Federation. It should be added that we are talking about the Land Code of the Russian Federation and the Federal Law of the Russian Federation “On the circulation of agricultural land”. In countriesHowever, with a sufficiently developed market turnover of land, entire normative acts are devoted to one agricultural lease. For example, in the legal system of France there are many special laws that govern the lease of agricultural land.

Reformation

To fully understand the topic related to the peculiarities of the circulation of agricultural land, it is advisable to analyze the land reform in Russia, which began around the 20th - 21st centuries. directly from the adoption of the Land Code of the Russian Federation. It is worth noting that it assumed an adequate reform of the entire set of legal acts in force at that time that regulated land relations. Such a detailed approach is associated primarily with the transition period in the economy and, accordingly, with the development of the institution of private ownership. The second factor is a significant amount of contradictions in the past regulations and the new Law of the Russian Federation "On the turnover of agricultural land." One of the most controversial issues related to the reform of land legislation is the adoption of a law that establishes the status of agricultural land. type, since this category of land traditionally acts as one of the most valuable. It was only after a long debate that the Federal Law No. 101 “On the circulation of agricultural land” was adopted.

Land Code and Federal Law

The LC in force on the territory of the Russian Federation gives only a generalclassification and definition of agricultural type plots. It establishes general rules for the use of such lands. In the most detailed way, the features of the turnover of agricultural land are regulated by the Federal Legislative Act discussed above. It should be noted that it entered into force on January 27, 2003, that is, six months after its official publication, which dates back to July 27, 2002

FZ regulates relations that are associated with the ownership, disposal, use of agricultural land. In addition, it establishes current rules, as well as restrictions on the circulation of agricultural land. The law determines the share in the right of general type of ownership of agricultural land, that is, it regulates transactions, the result of which is the emergence or termination of rights to land plots. The Federal Law defines the conditions associated with the provision of land for agricultural purposes, which are located in the municipal or state. property, as well as with their withdrawal into this property.

It should be borne in mind that there are some restrictions on the circulation of agricultural land. Thus, the Law does not apply to land provided from agricultural land plots to individuals for individual garage or housing construction, gardening, development of personal dacha and subsidiary farming, gardening and animal husbandry, as well as land occupied by buildings, buildings and various structures. Turnover of named plots of landgoverned by the Land Code in force in the country.

Topical issues of legal regulation

In accordance with the norms of Law No. 101 “On the circulation of agricultural land”, the subjects of the Russian Federation implement legal regulation in accordance with the following issues:

• Identification of the moment triggering the privatization of agricultural land (clause 4, article 1).
• Determination of cases of gratuitous provision to individuals in common ownership of agricultural land, which are in perpetual (permanent) use of agricultural structures. Formation of a list of individual entrepreneurs who are en titled to receive certain shares of the territory, that is, regulation of the turnover of shares of agricultural land (clause 4 of article 10).
• The procedure for determining the size of the share of land (clause 4, article 10).
• Determining the minimum size of plots from all areas of agricultural type, which are considered newly formed. It is expedient to include here the shares allocated as shares in the right of common ownership (clause 1, article 4).
• Identification of the limits of the minimum size of land plots for artificially irrigated agricultural. land, as well as other drained territories (clause 1, article 4).
• Determination of the maximum area of land located in one municipal area. It is worth noting that they may be the property of one legal entity or individual. However, the total amount cannot be less than 10% of the total area of land that is located in one municipal district at the time of receipt or provisionplot of land (clause 2, article 4).
• Establishment of a less significant period for the lease of a plot of agricultural land (clause 3, article 9).

Comments

The content of the powers of the subjects set out in the Federal Law (Article 8) “On the turnover of agricultural land” implies the conclusion that the legal regulation of the transfer of agricultural land plots. type into common shared ownership, as it were, moved to the level of regions. Obviously, after the adoption of the Federal Law, the constituent entities of the Russian Federation were in fact empowered to decide to whom and under what circumstances to provide agricultural land, when exactly to start privatizing land on their own territory. It should be noted that the powers granted imply the full implementation of the provisions of the Federal Law "On the circulation of agricultural land" on the territory of independent subjects of the country. At the same time, the socio-economic and natural-climatic conditions of the subjects, as well as the traditions of the local society, are necessarily taken into account.

The concept of the turnover of agricultural land in the Russian Federation

Turnover of agricultural plots. type - nothing more than a set of transactions, the result of which is the emergence or termination of rights to land, as well as to its shares in the right of common ownership. It should be noted that the concept of turnover in this case implies the transfer of rights to agricultural land. type or into separate shares in the right of common ownership, which are calledland shares, from the subject to another subject. The grounds for this may be the following: a contract of sale, exchange, donation, rent, lease, maintenance with a dependent on life terms; in the order of inheritance, waiver of rights to land on a voluntary basis, transfer to the charter. capital. It must be borne in mind that today there are other ways established by land legislation. Turnover of agricultural land. type can also be considered as the provision (in particular, privatization) of agricultural land to legal entities and individuals by local self-government structures, as well as state authorities.

Goals of legal regulation

Among the current goals of legal regulation of the turnover of agricultural land, it is important to note the following:

• Ensuring rational use of agricultural plots according to their intended purpose.
• Protection of agricultural land.
• Preservation and improvement of the quality of territories.

Principles and features of the turnover of agricultural land

FZ, which was repeatedly mentioned above, enshrined 5 principles for regulating the turnover of agricultural land. It is important to note that they arose in the process of considering one of the bills in the State Duma of the Russian Federation following the results of the activities of the tripartite working group involved in the development of articles “On the circulation of landagricultural purposes . It is advisable to add that there were no principles at all in this draft.

So, the first principle of the turnover of agricultural land provides for the preservation of the targeted use of land. This is a kind of interpretation of the industry-wide rule for land legislation. It should be noted that the provision is enshrined in the first article of the Land Code: the classification of land plots in strict accordance with the purpose of use for certain categories, according to which their regime in the field of law is established based on belonging to certain categories, as well as on the permitted use for zoning territories and requirements of the current legislation.

specially protected natural areas and objects, as well as lands that are occupied by objects of cultural heritage, is prohibited or limited in the manner determined by federal legislative acts.

Preservation of targeted use of land is carried out through a system of state measures. regulations that establish restrictions related to the change in the purpose of agricultural land. In addition, legal liability measures are applied, as a rule, forviolation of the laws in force in the country. It should be noted that the set of factors for changing the purpose for the purpose of land use includes the imposition of duties on individuals and legal entities that receive agricultural plots as territories for use for their own purposes, not related to agricultural management (Article 58 of the Land Code of the Russian Federation).

Second rule: space limitation

The second feature of the turnover of agricultural land (according to "Garant", a special system for making transactions) is the limitation of the total area of land occupied by agricultural land. It should be added that a particular site may be the property of an individual, as well as persons dependent on him. In other words, we are talking about preventing the formation of latifundia where there is one administrative-territorial formation of a constituent entity of the Russian Federation. According to this principle, measures related to limiting the size of the total land area should be established exclusively in relation to agricultural land, that is, in relation to the most valuable component of agricultural land, and not to all land plots of this category.

It should be noted that these restrictions are often relevant only within the limits of a single administrative-territorial formation of a constituent entity of the Russian Federation, for example, an administrative district. Certain rules of law that implement the second principle are in Art. 4, 5 and 11 Federal Law.

Principles 3 and 4

The following features of the turnover of agricultural landappointments (3 and 4) are aimed at establishing the pre-emptive right belonging to the subject of the Russian Federation to acquire a plot of land or sell it. It is expedient to include here the share in the right of common. property in case of paid alienation of land. It is important to note that the relevant provisions are disclosed in Articles 8 and 12 of the Federal Law.

From the point of view of regulating the turnover of agricultural land. type, on the part of the state, the principles presented fully ensure the overcoming of a number of important tasks:

• They allow the state, represented by certain constituent entities of the Russian Federation or municipalities (in cases established by applicable law) to take a passive or active part in the land market and thereby control this market.
• Participation in the land market allows you to quickly and efficiently receive the necessary information, in other words, to monitor the market.
• The mechanism for exercising the pre-emptive right to acquire prevents concealment and underestimation of real land prices.

However, it is interesting to note that the mechanism presented in the final paragraph somewhat complicates the implementation of land transactions. The fact is that it significantly increases the period of their commission. First of all, this applies to the turnover of shares in the right of general. property in the event of its paid alienation of the territory.

Fifth principle

The fifth feature of the turnover of agricultural landexpressed in the restriction of the rights of citizens of foreign states, foreign legal entities. In this category, it is advisable to include also persons without citizenship, and legal entities dependent on them. This principle is dictated by Articles 2 and 3 of the Federal Law “On the circulation of agricultural land.”

Characteristics of the contract of sale

In the process of analyzing the characteristics of the regulation of transactions carried out with agricultural land, it is advisable to proceed from the fact that the actual features are predetermined primarily by the specifics of the land itself as a socially significant object. Let's note the most significant points:

• Nationwide value of agricultural land. type.
• The importance of especially qualitative (for example, soil fertility) and quantitative characteristics of the land.
• The need to properly maintain the state of the land in terms of quality.
• To fully ensure the stability of relations in the relevant area.
• The need for rational use of sites.

If we take into account the presented features, we can formulate certain particular conclusions. Thus, paying attention to the importance of the qualitative characteristics of agricultural land and the need in terms of ensuring stability, we can conclude that it is necessary to expand the list of relevant conditions of the contract in question, for example, by determining the qualitative characteristics of the object being implemented.

Rent features

Next, consider the features of land turnoveragricultural purpose briefly regarding the issue of rent. In the process of studying the Federal Law, one can notice that in the second reading a new Art. 9 titled “Lease of plots from agricultural land. destination. It is worth noting that the legislator defined in it: the lease period cannot be more than 49 years, and the minimum period is determined by the law of the subject of the Russian Federation. It is important to add that the area of leased plots by one tenant cannot be limited in any way. In addition, the tenant has the right to buy the leased territory into ownership. Today, it is permissible to lease land that is in common shared ownership, subject to the plurality of persons on the part of landlords, as well as other non-standard features of the lease.

Studying the specifics of the lease of agricultural land. type, you can see that the most important condition of the relevant contract is the term. In order to encourage the landlord to draw up long-term contracts (this is necessary for greater stability of agricultural production), it is proposed to distribute the responsibilities associated with ensuring the fertility of land plots in a certain way. So, when concluding a contract for a period exceeding 5 years, the tenant should be legally obliged to carry out the comprehensive implementation of measures to improve the fertility of the land. If the term of the contract is less than 5 years, this responsibility lies with the lessor.

Regulation of the turnover of land shares

In the process of land reform, which is described in detail at the beginning of the article, former members of the Soviet(collective) farms, the right of private ownership of agricultural plots was transferred. type, which were in the processing of farm data. In the course of the reform, individuals received not private property in the territory in a rather narrow sense, but the right to purchase property rights. It is worth noting that such operations were formalized by the relevant certificates issued by the committees for land management and land resources. At the same time, the total area of the plot of land due to one or another citizen was not indicated. The certificates displayed the general qualitative characteristics of the land.

The federal law (namely, articles 12-18) clearly established that transactions with land shares are carried out in accordance with the rules of the Civil Code of the Russian Federation, however, taking into account the specific features established by this law. It is advisable to include the following points among them:

• No need to notify other participants of the shared type of ownership regarding the upcoming sale of the land share.
• Limiting the circle of buyers of a share (they can be other participants in the property, peasant farms and agricultural organizations, if they use a specific share of land in one way or another).
• Making decisions regarding the order of ownership, use, and disposal of land in shared ownership, exclusively by a meeting of all participants, but not by their agreement. It is important to note here that the general meeting is eligible if at least 20% of the participants in the shared ownership type participate in it. Hereincludes persons who own more than 50% of the shares of land (regardless of the number of individuals).
• Relevance of the declarative procedure for allocating a plot of land on account of a share.
• Recognition of the legal force of previously issued documentation certifying rights to a share of land.
• The presence of changes in relations related to the lease of shares, for example, if they do not comply with the legislation in force in the country. So, they become relations under trust management agreements (this rule has become relevant in practice since January 27, 2007).

If you pay attention to the specifics of such a category as a land share, you can make a conclusion: the possession of it is not the possession of one or another part of the land. At the same time, there is no possession of either an ideal or an actual share of the territory belonging to a particular subject on the basis of the right of a common type of ownership. It is worth bearing in mind that the ideal share can only be determined in the common ownership of land, but not in property.

Final part

So, we have considered the features of the turnover of agricultural-type territories, their legal regulation, as well as the restrictions and principles that are currently relevant. As it turned out, in general, this regulation is carried out through the Federal Law "On the circulation of agricultural land." It should be borne in mind that its key goal is to maximize the use andturnover of agricultural-type territories of the general rules of civil and land legislation in force on the territory of the Russian Federation. After the legislative act of the federal level came into force, the previously relevant ban related to the privatization of land intended for agriculture was lifted. It should be added that the ban was established by Article 8 of the Federal Law “On the entry into force of the RF Labor Code.”

The use of regulatory mechanisms by the state in the face of its certain structures established by the main Federal Law on this topic makes it possible to fully ensure the formation of the necessary conditions for reforming land relations in the agro-industrial complex, and also involves the introduction of a legitimate framework for the circulation of land from plots agricultural type and shares in the right of common type of ownership. The key federal law is the main factor in ensuring the efficient use of agricultural land and, of course, attracting investment in the agricultural industry, which, it is important to note, is developing more and more every year in Russia.