Legal encyclopedia. Letter H

LAND MANAGEMENT

It is one of the numerous instruments of state management of the RF land fund.

The legal basis, organization and conduct of the Z. are regulated in the Land Code of the Russian Federation, and also in the Federal Law of the Russian Federation of June 18, 2001, No. 78-FZ "On Land Management".

Z. includes the following types of activities.

1. Studying the condition of land plots. This study is conducted in order to obtain information on the quantitative and qualitative state of the land. The study of the state of land implies the following activities:

1) geodesic and cartographic works, the materials of which are the information basis for conducting other measures to study the state of the land;

2) soil, geobotanical and other surveys and surveys conducted to obtain information on the state of the soil

A layer of land, the presence of lands subject to various kinds of violations and pollution;

3) assessment of land quality, which is aimed at identifying and assessing the quality properties of land for use as a means of production in agriculture;

4) land inventory conducted to clarify or establish the exact location of the Z. objects, their boundaries, identify unused or used not for the intended purpose and not in accordance with the permitted use of land, etc.

2. Planning and organization of rational use and protection of land resources. This land management measure is carried out in order to improve the distribution of land in accordance with the prospects for economic development, improve the organization of territories and identify other areas for the rational use and protection of the territories of the RF, RF subjects and municipalities.

Within the planning and organization of rational use and protection of land resources, the following main areas of activity can be distinguished:

1) development of proposals on the rational use of land and on their protection;

2) natural and agricultural zoning of lands;

3) determination of lands within which citizens and legal entities can be provided with land plots;

4) the definition of land that can be allocated to special land funds;

5) the definition of lands classified as categories and types established by the legislation of the Russian Federation.

3. Formation of new and ordering existing objects of Z. and establishing their boundaries on the terrain (territorial land management).

Territorial Z., conducted in accordance with the decisions of public authorities, as well as on lands in federal land ownership, is provided by the Federal Land Cadastre Service of Russia and its territorial bodies, and in other cases territorial Z. is carried out by legal entities or by individual entrepreneurs on the basis of

Civil-law contract on the initiative of

Bodies of local self-government, owners of land plots, land users, landowners or by a court decision.

Within the territorial Z. two types of work are performed:

1) direct formation of new and ordering existing objects of Z., which implies the fulfillment of a variety of measures: gathering information about the objects of Z., determining the boundaries of their location, areas, establishing options for using land, drawing up a map (plan) of objects Z., etc. Formation of new and ordering of existing objects of Z. is carried out taking into account some characteristics: the belonging of lands to one or another category by purpose, the permitted use of land, the area, the location of borders, restrictions in the use of land, and encumbrance of third-party rights (easements);

2) surveying objects Z. - is the establishment on the terrain of the boundaries of municipalities and other administrative-territorial entities, the boundaries of land plots with fixing them with landmark signs and determining their coordinates. In this way,

Land surveying of objects means the fulfillment of the following measures: the definition of the boundaries of the object Z. on the terrain and their coordination, fixing the location of the boundaries of the object Z. on the terrain and the production of the map (plan) of the object Z.

4. Organization of rational use by citizens and legal entities of land for agricultural production (on-farm Z.).

5. Organization of territories used by the communities of the indigenous peoples of the North, Siberia and the Far East of the Russian Federation and persons belonging to the indigenous small-numbered peoples of the North, Siberia and the Far East of the Russian Federation to ensure their traditional way of life (on-farm Z.).

Z. also means ensuring compliance with the requirements of legislation on the rational use and protection of land. Objects of land management are the territories of the subjects of the Russian Federation, the territory of municipalities and other administrative-territorial entities of the Russian Federation, territorial zones, land plots, and

Also part of the specified territories, zones and sites.

As a legal institution, Z. can be considered in a broad and narrow sense.

In a broad sense, Z.'s institution implies the existence of a multitude of various land legal relations, which also partly belong to the state land cadastre, land resources assessment, land monitoring, etc.

In the narrow sense, the Z. is considered as a set of measures aimed at the correct organization of land for the rational use and protection of land resources, and sometimes as a single measure

(For example, granting (withdrawal) of the land plot).

Territorial (intereconomic) and intraeconomic Z. During intereconomic land management works, subjective land rights and interests of two or more persons exercising ownership and (or) use of land plots are protected by law. The

Within the framework of land management

Holistic measures

Complex

Allocate

Inter-farm Z. new and existing land plots are being formed, land is being diverted to private and other property, land (etc.) is taken away (provided), etc.

The intraeconomic Z., as a rule, is carried out within the framework of one land tenure (land tenure). With on-farm land management

Works the owner, the lessee of the land plot, the land user or the landowner independently conduct measures for the proper organization of the land area for the rational use and protection of land plots. They are also conducted for the purpose of organizing the rational use and protection of agricultural land, as well as lands used by indigenous communities

Small peoples and persons belonging to the latter, in order to ensure their traditional way of life.

In addition, Z. can be divided into two types, depending on the mandatory nature of its conduct. There are three grounds for carrying out land management works (two compulsory and one voluntary):

1) the decision of the authorized federal executive bodies of state power, executive authorities of the subjects of the Russian Federation and local self-government bodies on holding the Z .;

2) a court decision on the need for land management works;

3) the initiative of the owners of land plots, land users, landowners who have entered into a civil law contract for holding the Z.

Depending on the basis of the conduct of the Z. may be mandatory and voluntary. 3. It shall be compulsory in the following cases:

1) changing the boundaries of the objects of the Z .;

2) provision and withdrawal of land plots;

3) the definition of the boundaries of restricted objects in use;

4) redistribution of land plots used by citizens and legal entities for agricultural production;

5) identification of disturbed lands, as well as lands subject to water and wind erosion, mudflows, flooding, swamping, secondary

Salinization, desiccation, compaction, pollution with production and consumption wastes, radioactive and chemical substances, contamination and other negative impacts;

6) carrying out measures for the restoration and conservation of lands, reclamation of disturbed lands, protection of lands from erosion, mudflows, flooding, water logging, secondary salinization, drying, compaction, pollution with production and consumption wastes, radioactive and chemical substances, contamination and other negative impacts.

Information on the conduct of land management work is open (transparent), with the exception of information that constitutes a state secret or other secret protected by law. In addition, when Z. is carried out, due account should be taken of the legitimate interests of persons whose subjective land rights may be affected. This accounting of interests is carried out by notifying the said persons in writing no later than 7 days prior to the beginning of the land management work. The absence of such an announcement is an obstacle to the implementation of the Z.

Z. as one of the spheres of state

The management of the land fund is carried out at three levels of government - federal, regional and municipal.

The following areas of state activity are included in the powers of federal executive bodies in the Z. area.

1. Establishment of the procedure for conducting land management works, as well as the procedure for conducting state expertise of land management documentation throughout the territory of the Russian Federation through the adoption of relevant regulations.

2. Coordination of the activities of federal executive bodies, executive authorities of the subjects of the Russian Federation, local self-government bodies in the conduct of Z.

3. Conducting direct land management work on land plots in federal ownership.

4. Organization and monitoring of the implementation of the Z.

Control over observance by legal entities and citizens in the course of the implementation of the requirements of the legislation of the Russian Federation, as well as those approved in accordance with the established procedure

Technical conditions and requirements for the implementation of the Z. is carried out by the Federal Service of the Land Cadastre of Russia, as well as its territorial bodies.

In addition, the Federal Land Cadastre Service of Russia exercises control over the implementation by these persons of measures to study the state of land, as well as the organization of rational use and protection of land; The fulfillment of instructions for the elimination of violations; The obligatory transfer by the specified persons of one copy of the land management documentation prepared by them to the state data fund.

The state control over conducting land management works is carried out by the competent authorities and management by means of inspections or surveys, the results of which compulsorily compile an inspection report. This act is made in two copies and signed by an official,

Who carried out the inspection (inspection). One copy of the certificate is obligatory transferred to a legal entity or a citizen who carries out land management work, and

The second is transferred for storage to the Federal Land Cadastre Service of Russia or its territorial bodies.

5. Development, coordination and implementation of the general scheme of the Z. territory of the Russian Federation.

6. Management of the state fund of data obtained as a result of Z., et al.

The order of activity of the competent executive authorities aimed at conducting land management activities in integrity is a

Land management process, consisting of the following interrelated and sequentially performed stages.

1. Initiation of a petition on the initiative of authorized state bodies or citizens and legal entities that hold and (or) use land plots or take a judicial decision to conduct land management activities.

2. Carrying out preparatory work for the Z. All land management works should be conducted on the basis of scientifically based, discussed and approved land management documentation with the participation of interested owners, tenants of land plots, as well as persons who own and use them.

The result of the preparatory work is the preparation of an act on the conduct of survey and survey work.

3. Drawing up and consideration of the land management project. This stage is the main one in the entire land management process. The land management project consists of graphic and text parts that substantiate the main directions of the organization of rational use and protection of a particular land plot, taking into account its features. When considering the land management project, proprietors, tenants of land plots, land users and landowners take an active part.

4. Approval of the land management project. At this stage, a decision is made by the authorized state executive bodies (executive bodies of local self-government) on the approval of the land management project, after which the project becomes mandatory for all subjects to exercise their rights to land.

5. Transferring the project to a specific land area. The legal basis for the implementation of the land management project on

A specific land plot is the decision to approve the project. The transfer of the project to the terrain consists in the designation of the boundaries of the land plot with the appropriate boundary marks and the drawing up of an act of a standard pattern with the attached drawing of the designated boundaries.

6. Control over the implementation of actions to organize the rational use and protection of land provided for in the land management project. This stage of the land management process is final and implies the possibility of applying liability measures to the guilty parties in case they violate the requirements of the land management project.