Legal encyclopedia. Letter P

LAND OWNERSHIP.

P.

S. on the Z. includes the right to own, use and dispose of the land by the owner. According to paragraph 3 of Art. 209 of the Civil Code of the Russian Federation, possession, use and disposition of land to the extent that their turnover is permitted by law are carried out by their owner freely, if this does not damage the environment and does not violate the rights and legitimate interests of others.

According to Art. 260 of the RF LC, persons who own a land plot have the right to sell it, give it, give it as a pledge or lease and dispose of it in another way, insofar as the corresponding lands are not excluded from circulation and are not limited in circulation.

Land legislation provides for 3 forms of ownership of land:

1) private property;

2) state ownership (federal, regional);

3) municipal property.

The property of citizens and legal entities (private property) are land plots acquired by citizens and legal entities on the grounds provided for by the legislation of the Russian Federation. According to Art. 15 of the RF LC, citizens and legal entities have the right to equal access to the acquisition of land plots in ownership. Land plots in state or municipal ownership may be granted to citizens and legal entities, with the exception of land plots that can not be privately owned. In addition, the Land Code of the Russian Federation determines that foreign citizens, stateless persons and foreign legal entities can not own land plots located on the border territories, the list of which is established by the President of the Russian Federation in accordance with the federal legislation on the State Boundary, and on other established Especially territories of the Russian Federation in accordance with federal laws.

In order to own a land plot, citizens must have civil and land legal capacity and

Legal capacity. The legal status of citizens as subjects of land ownership is determined by civil and land legislation.

According to Art. 16 of the RF LC, state property is the land that is not owned by citizens, legal entities or municipal entities. State property in Russia is property owned by the RF (federal property), and property owned by the subjects of the Russian Federation - republics, regions, regions, cities of federal significance, the autonomous region, autonomous regions (property of the RF subject). On behalf of the Russian Federation and the subjects of the Russian Federation, the rights of owners are exercised by bodies

State power within their competence.

The distinction between state

The ownership of land on the federal, the ownership of the subjects of the Russian Federation and municipal property is carried out in accordance with the Federal Law "On the delineation of state ownership of land." Article 2 of the Law provides that the ownership of land plots of the RF, RF subjects and

Municipal formations arise from the moment of state registration of the right of ownership of land plots. The grounds for state registration of ownership of land plots of the RF, subjects of the Russian Federation and municipalities are acts of the Government of the Russian Federation on the approval of lists of land plots for which the right of ownership arises in the delimitation of state ownership of land, as well as judicial decisions that have entered into legal force on disputes over ownership to the ground.

In accordance with Art. 17 ZK RF in the federal property there are land plots:

1) which are recognized as such by federal laws;

2) the right of ownership of the Russian Federation to which arose in the delimitation of state ownership of land;

3) which are acquired by the Russian Federation on the grounds provided for by civil law.

In accordance with Art. 18 of the RF LC in the ownership of the constituent entities of the Russian Federation are land plots:

1) which are recognized as such

Federal laws;

2) the right of ownership of the subjects of the Russian Federation to which it arose when differentiating state ownership of land;

3) which are acquired by the subjects of the Russian Federation on the grounds provided for by civil legislation.

The ownership of the subjects of the Russian Federation may include land plots that are not privately owned:

1) employed by immovable property owned by RF subjects;

2) granted to the state authorities of the constituent entities of the Russian Federation, state unitary enterprises and state institutions created by the state authorities of the subjects of the Russian Federation;

3) referred to the lands of specially protected natural areas of regional importance, the lands of the forest fund owned by the constituent entities of the Russian Federation, the lands of the land redistribution fund;

4) engaged in privatized property that was before its privatization in the ownership of the subjects of the Russian Federation.

Property owned by the urban and rural settlements,

As well as other municipal entities, is municipal property (Article 215 of the Civil Code of the Russian Federation). On behalf of the municipal entity, the rights of the owner are exercised by the bodies of local self-government and the persons specified in art. 125 Civil Code of the Russian Federation. Property in municipal ownership is assigned to municipal enterprises and

Institutions for possession, use and disposal.

According to Art. 19 of the RF LC, in municipal ownership there are land plots:

1) which are recognized as such by federal laws and laws of the subjects of the Russian Federation adopted in accordance with them;

2) the right of municipal property to which arose when the state ownership of land was delineated;

3) which are acquired on the grounds established by civil law.

In the ownership of municipal entities for the development of their development, lands that are in state ownership, including those outside the boundaries of municipalities, may be transferred free of charge.

The rights to land plots arise on the grounds established by the civil

(For example, a contract of sale, exchange, gift, etc.), federal laws, and subject to state registration in accordance with the Federal Law "On State Registration of Rights to Real Estate and Transactions with It." The act of state registration of rights to real estate and transactions with it is a mandatory, "final" element of the legal fact, as a result of which rights to real estate arise, change and terminate, including land plots. An important consequence of state registration is that the law recognizes this act as the only evidence of the existence of registered law. Therefore, the registered right to immovable property can only be challenged in court. Articles 4 and 14 of the Law on state registration of immovable property and transactions with it provide for 2 forms of registration: registration of rights to immovable property and registration of transactions with it.

Such registration is certified by issuing to the right holder a certificate of state registration of rights.