Legal encyclopedia. Letter B

UNLIMITED EMERGENCY USE OF LAND PLOTS

- provision of land plots for temporary use from lands in the state or municipal

Property, lands owned by citizens or legal entities, other citizens and legal entities on the basis of a contract and from the lands of organizations.

Land plots in the state or municipal

Property shall be granted for use on the basis of an administrative act of an executive authority or local government body for a period not exceeding one year. In the case of the granting of a land plot from the property of citizens or legal entities, such a basis is a contract, in which the term for the provision of a land plot for use is indicated. From the lands of the organization, a land plot can be granted only to citizens in the form of official land

Allotment. The categories of employees of organizations that are eligible to receive office holdings, as well as the conditions for their provision are regulated by the legislation of the Russian Federation and the legislation of the subjects of the Russian Federation. The service areas are provided to the employee of the organization on the basis of his application and on the decision of this organization from the lands belonging to her for the duration of the employment relationship.

The basis for the creation of the BSPSU is the contract of gratuitous use, i.e. Loan agreement. Under this agreement, one party (the lender) undertakes to transfer the thing for free use to another party (loan recipient), and the borrower in turn agrees to return the same thing in the same condition in which he received this thing, subject to normal wear and tear or in another Condition, stipulated by the contract.

The subject of the contract of uncompensated use is a land plot.

Granted by the borrower

The land plot must be in a state that corresponds to the terms of the contract and its purpose. In case of violation of this condition, the lender is liable in the event that his actions were intentional

Character or by gross negligence.

In this case, the borrower may require the lender to remedy the discovered deficiencies without compensation or to eliminate the deficiencies on their own, while requiring the lender to reimburse his expenses.

The lender is not liable for the shortcomings of the land plot that were agreed upon with him when signing the contract, or were known in advance to the borrower, or should be found by the borrower during the site inspection or during its transfer.

The transfer of a land plot for free use in accordance with the Civil Code of the Russian Federation does not entail a change or termination of the rights of third parties to this land plot, and the lender must necessarily warn at the conclusion of the contract of the borrower about all the rights of third parties to such a land plot.

The contract is terminated early, if the borrower uses the land plot not in accordance with the contract or by the special purpose of the thing, does not fulfill the obligations for protecting the land provided for by land legislation, when through his fault there is a significant deterioration in the state of land

Site. The law for the early termination of the contract recognizes the transfer of land to a third party without the consent of the lender.

The borrower has the right to demand the early termination of the contract if it finds shortcomings that make it impossible to use the land plot for the intended purpose, the existence of which he did not know and could not know at the time of the conclusion of the contract; If the site, due to circumstances that do not depend on it, will be in a condition not suitable for use; If, at the conclusion of the contract, the lender did not warn him about the rights of third parties to the transferred land plot; If the lender fails to transfer the land.