Legal encyclopedia. Letter H

LAND OF AGRICULTURAL PURPOSE

- one of the seven main categories of land allocated for the intended purpose. The legal regime of the category ZSN is regulated by Ch. 14 of the RF LC, Federal Law of July 24, 2002 N0 101-FZ "On the circulation of agricultural land", as well as other regulatory acts.

ZSN is understood as such lands that are beyond the boundaries of settlements and are provided for the needs of agriculture or are intended for these purposes.

ZSN, together with the buildings, structures, structures, as well as agricultural implements, machines, draft animals and productive livestock located on them, together constitute the means of production in the agricultural sphere of the Russian national economy. At the same time, the immediate productive force of the land, through which agricultural production is conducted,

Is the fertility of the soil layer of the earth.

The composition of the ZSN is formed depending on the role of the land that it performs in agricultural production. As part of the ZSN, the ZK identifies the following categories of land areas:

1) agricultural land;

2) land occupied by:

A) on-farm roads;

B) communications;

C) tree and shrub vegetation, designed to provide protection of lands from the effects of negative (harmful) natural, anthropogenic and technogenic phenomena;

D) closed water bodies;

E) buildings, structures, structures used for the production, storage and primary processing of agricultural products.

Agricultural land is a direct productive force, a means of agricultural production. All other lands belonging to the category of ZSN, play the role of an operational basis. ZSN can be used for the following purposes:

1) conducting agricultural

Production;

2) the creation of protective plantations;

3) research, educational and other purposes related to agricultural production.

A special legal regime is established for agricultural lands belonging to the category of ZSN. Agricultural lands are arable land, hayfields, pastures, deposits, lands occupied by juvenile plantations (orchards, vineyards, etc.).

Especially distinguished in an independent group of ZSN are particularly valuable productive agricultural areas. These include:

1) agricultural lands of pilot production units of research organizations and training and experimental units of educational institutions of higher professional education;

2) agricultural land, cadastral value of which significantly exceeds the average level.

The ZSN turnover has its own distinctive features, which are civil-legal transactions, the result of which is the occurrence, change or termination of rights to land plots from the Z. agricultural purpose. The ZSN turnover is carried out in accordance with the following principles of land law:

1) preservation of targeted use of land plots;

2) determination of the size of the total area of ​​land plots of agricultural land located within the territory of one administrative-territorial entity of a subject of the Russian Federation, which can simultaneously be owned by a citizen, his close relatives, and legal entities (in which a citizen or his close relatives have the right to dispose More than 50% of the total number of votes at the general meeting of the legal entity);

3) the preferential right of a subject of the Russian Federation or the preferential right of a local government body (in cases provided for by the laws of the constituent entities of the Russian Federation) for the purchase:

A) a land plot from ZSN at its sale, with the exception of the sale of a land plot from public auction;

B) a share in the right of common ownership of a land plot from ZSN with the forfeited alienation of such a share by a participant in the common share ownership in case other

The participants in the common share ownership will refuse to purchase such a share and will not announce their intention to acquire such a share in the right of common shared ownership of a land plot from ZSN .;

4) establishment of special features of granting land plots from ZSN to foreign citizens, foreign legal entities, stateless persons, and also to legal entities in whose authorized (share) capital the share of foreign citizens, foreign legal entities, stateless persons is more than Than 50%;

5) granting to citizens and legal entities the ownership of land plots from ZSN that are state or municipal property, on a paid or gratuitous basis in cases provided for by federal legislation.