New order of obtaining land: a new tool, but not a new strategy. Sale of land of state and municipal property Article 39 point 2

On July 23, 2014, Law No. 171-FZ “On Amendments to the Land Code” was signed Russian Federation» . This law came into force on March 1, 2015. One of the main changes was the addition of the Land Code with Chapter V.1 “Provision of land plots located in the state and municipal property". Since March 1, 2015, this chapter regulates all cases of granting to citizens or legal entities for rent, for free use, for permanent (perpetual) use or into the property land plots from state or municipal property.

For all these cases of granting land plots, there are two procedures for obtaining land:

1) Without bidding;

2) With bidding (auction).

In terms of the duration and complexity of the procedure, as well as the redemption value, it is much more profitable for citizens and organizations to acquire, lease or use land without an auction. Let's look at how to get a land plot without bidding in the Russian Federation (2015).

Conditions for the provision of land plots without bidding

Since in this case we are considering the general grounds for providing land plots without bidding for different types rights, we will give a list of all articles of the Land Code, which indicate conditions for granting land plots without bidding. A list of such articles is given in the sixth subparagraph of paragraph 1 of Art. 39.15 RF LC.

Without bidding, land is provided on the following grounds:

1) paragraph 2 of article 39.3ZK RF establishes cases when it is possible to sell land plots without bidding;

2) article 39.5 establishes cases of granting a land plot to the property free of charge (also without bidding);

3) paragraph 2 of article 39.6 establishes cases of concluding a lease agreement for a land plot without bidding;

4) paragraph 2 of article 39.10 establishes cases of granting land plots for gratuitous use without bidding.

Consideration of these grounds, we propose to begin with Art. 39.5, as it offers the most profitable terms obtaining land - IN PROPERTY FREE OF CHARGE without bidding. In total there are EIGHT CONDITIONS.

Land can be provided free of charge without bidding in the following cases:

1) If an agreement on the development of a built-up area has been concluded in relation to the land plot. In this case, the land is provided to the person with whom such an agreement is concluded;

2) If buildings and structures of religious or charitable purpose are located on the land plot. At the same time, the land is transferred to the ownership free of charge of the religious organization that owns these buildings and structures;

3) If the land plot is intended for agricultural production and previously provided to a religious organization on the right of permanent (unlimited) use. At the same time, the land is transferred to the ownership of a religious organization free of charge;

4) If the land plot is formed as a result of the division of the land plot provided by the established citizens non-profit organization for horticulture and horticulture. In this case, this allocated area belongs to the property of common use. Land is provided in common ownership to citizens, members of such a non-profit organization;

5) If the land plot was previously provided for gratuitous use to citizens for running private household plots or carrying out the activities of K (F) Kh. In this case, the site is provided in the ownership of the citizen who used the site. But at the same time, additional conditions are set: the land plot is transferred to ownership after 5 years from the date of provision, and also subject to its use during the specified period in accordance with the permitted use;

6) If the land plot was previously provided for gratuitous use for individual housing construction or private household plots. In this case, the site is provided in the ownership of the citizen who used the site. But at the same time, additional conditions are set: the land plot is transferred into ownership after 5 years from the date of granting; subject to its use during the specified period in accordance with the established permitted use; provided that the citizen worked at the main place of work in the municipality and in the specialty, which is determined by the law of the subject of the Russian Federation. That is, the Land Code provides that in each municipality, local laws can establish priority specialties that are especially significant for the region. And if a person works at a permanent place of work in this specialty, then he may be provided with the possibility of preferential obtaining land for individual housing construction or private household plots in the property free of charge;

7) When providing land plots to citizens who have three or more children. Basically, for these purposes, land plots are provided for individual housing construction. At the same time, the state authorities of the constituent entities of the Russian Federation may provide for additional requirements that such citizens must be registered as in need of residential premises or have grounds for such registration. Also in some municipalities instead of providing large families with a land plot for free, it may be possible to provide such citizens, with their consent, with other measures of social support for the provision of living quarters;

8) If other cases of granting land plots for ownership free of charge without bidding are provided for by federal laws or laws of the constituent entities of the Russian Federation. At the same time, land is provided to those categories of citizens that are defined in these local laws.

Items 5,6,7 from this list are the most important conditions when a land plot can be obtained free of charge by an individual citizen. They are discussed in more detail in a separate article on obtaining a land plot for free. This article also provides the procedure for granting land plots for ownership, lease, permanent (perpetual) use, gratuitous use without bidding. Therefore, if you are interested not only in the conditions for granting land without bidding, but also in the procedure itself, then by clicking on the link, in the second paragraph of the article you will see a flowchart with a detailed description of each step.

Next, we will consider cases of granting land plots for free use without bidding. it Art. 39.10 RF LC. This type of land rights is beneficial in that it does not imply any payments for the use of the land (neither rent, nor taxes, nor redemption value). But at the same time, the land is transferred only for temporary use.

Land plots can be provided for free use without bidding:

1) to a citizen for running a personal subsidiary farm or for the implementation of a peasant (farm) economy of its activities for a period of not more than 6 years;

2) for individual housing construction or personal subsidiary farming for citizens who work at their main place of work in municipalities in the specialties established by the law of a constituent entity of the Russian Federation for a period of not more than 6 years;

3) to a citizen, if there is a service dwelling in the form of a dwelling house on the land plot, provided to this citizen, for the term of the right to use such dwelling;

4) citizens for the purpose of implementing agricultural economic activity(including beekeeping) for own needs in forest areas for a period not exceeding 5 years;

5) in the form of office allotments for employees of organizations for the term of the employment contract;

6) citizens and legal entities for agricultural, hunting, forestry and other use that does not provide for the construction of buildings, structures, if such land plots are included in the list of land plots provided for defense and security needs and temporarily not used for these needs, for a period of not more than 5 years;

7) non-profit organizations created by citizens for horticulture or horticulture for a period not exceeding 5 years;

8) non-profit organizations created by citizens for the purpose of housing construction in cases and for the period provided for by federal laws;

9) religious organizations for the placement of buildings, structures for religious or charitable purposes for up to 10 years;

10) religious organizations, if on such land plots there are buildings, structures belonging to them on the right of free use, for a period until the rights to these buildings, structures are terminated;

11) persons with whom civil law contracts have been concluded for the construction or reconstruction of real estate, carried out entirely at the expense of funds federal budget, budget funds of the subject of the Russian Federation or local budget funds, for the period of execution of these agreements;

12) persons with whom state contracts have been concluded for the performance of work, the provision of services to ensure the defense of the country and the security of the state, carried out entirely at the expense of the federal budget, for the period of execution of the specified contract;

13) persons belonging to the indigenous peoples of the North, Siberia and the Far East, and their communities for a period not exceeding 10 years;

14) non-profit organizations established by a constituent entity of the Russian Federation for the purpose of housing construction to provide housing for certain categories of citizens, for the period of construction;

15) to a person whose right of gratuitous use of a land plot has been terminated in connection with the seizure of land for state or municipal needs, instead of the seized land plot for a period depending on the basis for the emergence of the right of gratuitous use of the seized land plot;

16) a person entitled to conclude an agreement for the free use of a land plot, in the case and in the manner provided for by the Federal Law of July 24, 2008 No. 161-ФЗ “On Assistance to the Development of Housing Construction”.

Cases of sale of land plots without bidding in accordance with clause 2 of article 39.3 of the Land Code of the Russian Federation are considered in more detail in the article on the privatization (buy-out) of land plots in 2015. This article also considers the very procedure for acquiring (that is, receiving for a fee) plots both at auction and without auction.

Lease of a land plot without bidding

Lease of a land plot from state or municipal property WITHOUT BIDDING according to paragraph 2 of Art. 39.6 RF LC possible in 33 cases. This is a very voluminous list, so we systematized these cases depending on the category of persons to whom land is provided for rent.

The lease agreement without bidding is concluded:

with Individuals (citizens) in case of leasing:

1) a land plot formed from a land plot provided to a non-profit organization created by citizens for the integrated development of the territory for the purpose of individual housing construction, with the exception of land plots classified as public property,

2) a land plot formed from a land plot provided to a non-profit organization created by citizens for gardening, horticulture, dacha economy, with the exception of land plots classified as public property. Land is leased to members of such a non-profit organization;

3) a land plot reserved for state or municipal needs or limited in circulation. At the same time, such a land plot can be leased without bidding only to persons who have the right to acquire a land plot in their ownership without bidding, including free of charge. That is, if a person has the right to obtain ownership of a land plot without bidding, but at the moment the land cannot be provided, since it is reserved for state needs or is limited in circulation, then it is leased;

4) a land plot for haymaking, grazing of farm animals, gardening;

5) a land plot for conducting personal subsidiary plots in case of its location abroad locality;

6) a land plot for a peasant (farm) economy in cases established by the Federal Law "On the circulation of agricultural land";

7) any land plot, if it is provided to citizens who have the right to priority or extraordinary acquisition of land plots in accordance with federal laws or laws of the constituent entities of the Russian Federation;

8) a land plot for individual housing construction, personal subsidiary farming within the boundaries of a settlement, gardening, dacha farming in accordance with Article 39.18 of the Land Code of the Russian Federation. That is, if after the publication of a notice of the provision of a site in executive agency there were no applications from other citizens about their intention to participate in the auction;

9) a land plot instead of a land plot already provided on the right of lease, but withdrawn for state or municipal needs;

With non-profit organizations in the case of a lease:

1) a land plot formed from a land plot provided to a non-profit organization created by citizens for the integrated development of the territory for the purpose of individual housing construction, if this is provided for by the decision general meeting;

2) a land plot formed as a result of the division of a land plot limited in circulation, provided to a non-profit organization created by citizens for gardening, horticulture, dacha farming or for the integrated development of the territory for the purpose of individual housing construction and classified as public property;

With legal entities in case of leasing:

1) a land plot by decree or order of the President of the Russian Federation;

2) a land plot by order of the Government of the Russian Federation for the placement of social and cultural facilities, the implementation of large-scale investment projects;

3) a land plot by order of a higher official a constituent entity of the Russian Federation for the placement of social, cultural and domestic facilities, the implementation of large-scale investment projects;

4) a land plot for the placement of facilities intended to provide electricity, heat, gas and water supply, sanitation, communications, oil pipelines, facilities of federal, regional or local significance;

5) a land plot that is in permanent (perpetual) use of legal entities;

6) a land plot instead of a land plot previously provided to a legal entity on the right of lease and withdrawn for state or municipal needs;

With the owners of buildings, structures, construction in progress in case of leasing:

1) a land plot on which buildings and structures are located. Also, such plots can be leased without bidding to persons to whom these real estate objects are provided on the right economic management or on the right of operational management;

2) the land plot on which the objects of construction in progress are located, once for the completion of their construction;

With Persons with whom any agreements regarding land plots have previously been concluded in the event of a lease:

1) a land plot provided for the integrated development of the territory. A lease agreement without bidding is concluded with persons with whom an agreement on the integrated development of the territory has been concluded;

2) a land plot formed within the boundaries of a built-up area. A lease agreement without bidding is concluded with persons with whom an agreement on the development of a built-up area has been concluded;

3) a land plot for the development of the territory for the purpose of housing construction economy class or for the integrated development of the territory for the construction of economy-class housing. The lease agreement without bidding is concluded with legal entity who have entered into an agreement on the development of the territory for the construction of economy class housing or an agreement on the integrated development of the territory for the construction of economy class housing;

4) a land plot necessary for carrying out the activities provided for by the concession agreement. A lease agreement without bidding is concluded with a person with whom a concession agreement has been concluded;

5) a land plot necessary for the implementation of activities in the field of hunting. A lease agreement without bidding is concluded with a person with whom a hunting agreement has been concluded;

6) a land plot located within the boundaries of a special economic zone or on the territory adjacent to it, for the construction of infrastructure facilities of this zone. A lease agreement without bidding is concluded with a person with whom an agreement on cooperation in the field of infrastructure development of a special economic zone has been concluded;

7) a land plot for the development of the territory for the purpose of building and operating a rented house for commercial use or for the development of the territory for the purpose of building and operating a rented house social use. A lease agreement without bidding is concluded with a person who has previously entered into an agreement on the development of the territory;

8) a land plot for extraction (catching) of aquatic biological resources. A lease agreement without bidding is concluded with a person with whom agreements have previously been concluded on the provision of a fishing site or an agreement on the use of aquatic biological resources;

With religious organizations, Cossack societies in case of leasing a land plot for agricultural production, preservation and development of the traditional way of life and management of Cossack societies;

With subsoil users in the event of leasing a land plot necessary for carrying out work related to the use of subsoil;

With residents of the special economic zone or management companies in the event of leasing a land plot located within the boundaries of the special economic zone or in the territory adjacent to it, to perform the functions of creating at the expense of the federal budget, the budget of a constituent entity of the Russian Federation, the local budget, extra-budgetary sources financing of real estate objects for the management of these and previously created real estate objects;

With residents of the territorial development zone in the event of leasing a land plot within the boundaries of the specified zone for the implementation of an investment project in accordance with the investment declaration;

With residents of the free port of Vladivostok in case of leasing a land plot in the territory of the free port of Vladivostok.

In special cases, in order to carry out activities related to state interests or the interests of state companies, land plots can be leased without auction:

1) for the placement of reservoirs and (or) hydraulic structures if the placement of these objects is provided for by the documents territorial planning as objects of federal, regional or local significance;

2) the State Company "Russian Highways" to carry out activities within the boundaries of the right of way and roadside lanes of highways;

3) open joint-stock company"Russian railways» for carrying out the activities of the company, as well as for the placement of infrastructure facilities for public railway transport;

4) by decision of the Government of the Russian Federation for the placement of nuclear installations, radiation sources, storage facilities for nuclear materials and radioactive substances, storage facilities, radioactive waste storage facilities and radioactive waste disposal facilities;

5) to fulfill the international obligations of the Russian Federation;

The lease agreement for a land plot from state or municipal property without bidding can be re-executed with the tenant

land for agricultural production. In this case, it is necessary that the conditions for the proper use of the land be met. And the application for the conclusion of a new lease agreement must be submitted before the expiration of the previously concluded lease agreement.

The price of the land plot without bidding

One of the main differences in obtaining a land plot through the bidding procedure and without bidding is the price.

The purchase price (purchase, privatization) of a land plot in state or municipal ownership may be set:

1) according to the results of the auction;

2) in the amount of the initial price of the subject of the auction. At the same time, the authorized body may choose the market or cadastral value of the land plot as such a price. It is allowed to set the initial price at the level of the cadastral value only if the cadastral valuation was carried out no earlier than 5 years before the auction;

3) not higher than the cadastral value in case of concluding a contract for the sale of a land plot without bidding.

The lease price of a land plot in state or municipal ownership may be set:

1) according to the results of the auction;

2) in the amount of the initial price of the subject of the auction;

3) in accordance with the procedure established by the Government of the Russian Federation, a public authority of a subject of the Russian Federation, a local self-government body;

On June 23, 2014, Federal Law No. 171-FZ “On Amendments to the Land Code of the Russian Federation and Certain Legislative Acts of the Russian Federation” was signed, effective from March 1, 2015, with the exception of certain provisions. The law establishes the procedure for the formation of land plots and regulates the provision of land plots that are in state or municipal ownership. What does this law mean for us?

Introduction to the issue

What determines the successful survival of a people and its statehood? The growth of the population, the growth of its cultural level, which is expressed in an increase in the efficiency of managing vital processes, its sufficient material support, through 1) the growth of industry (because it provides the population with consumer goods), 2) the growth of construction rates (housing and the same industry), 3) the growth of agricultural productivity (because no industry is needed, and no space is available if people have nothing to eat.

All of these are infrastructure facilities. They are not suspended in the air, they are all built on the ground. Houses and engineering networks for them must be built quickly and at the lowest cost. Instead of spending years on paperwork around the rights to a wasteland. Industry must be built quickly, without the risk that the erected buildings will be taken away, citing improper land registration. Everything is from the earth. All questions rest on the ground. Because the land issue is always relevant. Does it solve new law?

From March 1, 2015 in Russia will come into force new order formation and provision of land from state and municipal property to individuals and legal entities. In view of the fact that the land is always the basis of any economic activity, both agricultural and industrial, and also the fact that now in Russia the predominant part of the land is located in state property, then the said Federal Law No. 171-FZ is of key importance.

The nuances in this matter are contained in the words "is in state ownership." That is, in order to do something on it, you need to get it from the state - in most cases. But how to get it? This question has remained open until now.

To get land from the state, you need to have the right to do so prescribed by law. Otherwise, the official, not finding the appropriate norm, directly indicating his obligation to do something, nothing will be done. Further, if you have such a right, but the procedure for granting you land is not prescribed, the result will be the same.

But even if you have the right, and such an order is prescribed, then this mechanism will still not work, because it does not say that how determine, form the land plot that you want to receive and which the official must provide you. Until now, the existing procedure for granting land rested on such a problem.

The fact is that, in accordance with this legislation, land can enter into economic circulation only as a land plot, that is, as an object that:

Has clear boundaries (formed),

Has a cadastral number (registered by the state (GKN)),

It has a legal status - the rights to it are registered (registered in State Register rights (EGRP).

AT this moment most of the lands in “state ownership” do not exist, they are, as it were, in the status of “keep in mind”. This is expressed in white spots on the cadastral map of Rosreestr.

Moreover, there was no specific definition of a land plot as an object of economic turnover.

The new law attempts to address these issues:

Clarifies the concept of "land"

The procedure for the formation of land plots is established,

Establishes the procedure for acquiring land plots by persons

Corrective norms are being introduced into a number of other laws related to land relations.

Key provisions of the new order

1. The signs of a land plot as an object of economic turnover and the procedure for its formation are determined.

In legal practice (and not only in it), almost everything depends on the definition of the term used by the law. At first it may seem only narrow legal matter not related to real activity, to the essence of the problem, but this is not so. It is impossible to manage the indefinite and discuss the indefinite, just as it is impossible for two individuals to discuss the word "onion" without deciding what they both mean by this word - a plant or a weapon. Legislators on the third attempt (in the beginning there was no definition of a land plot at all), finally demonstrated elements of a scientific approach, and for a start they defined in terms that promise to resolve many issues that are now arising in the courts.

“A land plot as an object of property rights and other rights to land provided for by ... (by law) is an immovable thing that is a part of the earth's surface and has characteristics that allow it to be defined as an individually defined thing” (clause 3, article 6 of the Land Code of the Russian Federation (ZK RF)).

2. The procedure for the formation of a land plot is determined.

The legislator indicated a complete and closed list of documents on the basis of which land plots can be formed, putting an end to the confusion generated by the contradiction of several laws regulating land relations, as indicated in the explanatory note to the bill. In particular, these were contradictions between the Land, Forest, Urban Planning Codes and the law on horticultural associations of citizens (Article 11.3 of the Labor Code of the Russian Federation):

“Establishment of land plots from lands or land plots in state or municipal ownership is carried out in accordance with one of the following documents:

1) a land surveying project approved in accordance with the Town PlanningcodeRF;

2) project documentation on the location, boundaries, area and other quantitative and qualitative characteristics of forest areas;

3) an approved scheme for the location of a land plot or land plots on the cadastral plan of the territory"(only if there is no land surveying project) .

In addition, it is indicated when it is possible to form a land plot only if there is a survey project:

1) from a land plot provided for the integrated development of the territory (i.e. complex development);

2) from a land plot provided to a non-profit organization established by citizens for horticulture, horticulture, dacha farming or for dacha farming to other legal entities;

3) within the boundaries of the territory in respect of which, in accordance with the legislation on urban planning, an agreement on its development has been concluded (that is, for example, in the case when it is necessary to demolish a quarter of dilapidated housing and build a new one in its place);

4) within the boundaries of the element of the planning structure, built up with apartment buildings (that is, again, within the boundaries of the quarter);

5) for the placement of linear facilities of federal, regional or local importance (pipelines, power lines, etc.).

As you can see, everything is tied to the land surveying project, and in particular, such large-scale issues as complex development and the construction of linear structures are closed on it. What does it mean?

This means that the legislator has taken a step towards the concept of land management based on integrated territorial planning documents and is moving away from the “patchwork quilt” idea. This can be called a positive development. The fact is that the land surveying project, in accordance with Urban Planning Code, is prepared on the basis of a planning project (or often, as part of it), the meaning of which is a comprehensive rational placement of infrastructure facilities on a certain territory, designed to prevent the construction of "shanghais" that are not provided with any roads, engineering infrastructure, or transport. In addition, the planning project is directly related to the purpose of land plots, their type of permitted use.

In summary: first, the planning of the use of the territory, then - the provision of a land plot in accordance with the function defined for it, and not vice versa, as was the case with the painful fact of infill development.

Although, for completeness, it should be noted that the mechanism for making changes to the planning project and to the document “above it” - the rules for land use and development, has not been canceled.

This means that a person in need of land needs one of these documents: either a land surveying project (the procedure for its adoption is regulated by the Town Planning Code), or a land plot layout plan (SZU). We are not considering forest areas yet, this is a completely separate issue.

There is an unresolved issue here. The legislator transfers all concerns, including the costs of preparing the SZU (and in many cases, the land surveying project, and, accordingly, the planning project) to the person in need of the land. Article 11.10 LC in new edition replete with the word "may" in relation to the person, which in Russian means "should do." The same applies to cases where the land is provided at an auction: a person runs the risk of registering the land at his own expense, but not winning this auction. The procedure for reimbursement of expenses is not provided. There is only one exception - on the territory of Moscow and St. Petersburg, this should still be done by the city itself.

In summary: the needy again draws up the documents himself, we see a situation that is standard for Russian legislation, when an attempt to do “everything like in the West” again acquires a unique “Russian” (exactly this, and not Russian) flavor that destroys the whole idea.

The bill was presented as an attempt to address the issue of simplifying the provision of land for infrastructure projects and individuals in the image of models existing in the West. Such a solution to the issue would reduce construction time, construction costs, cut the field for corruption and delays. However, if we analyze the experience of Finland or Germany, we can safely say that this attempt failed. In order not to inflate the article to the size of a dissertation and not describe the experience of the West, which, to be fair, even against the backdrop of the "Decline of Europe", created very comfortable conditions for doing business, this experience can be described like this:

The person is determined with the place and amount of land,

Sends a request

State self during well-defined deadline forms a plot, puts it on record. Trains all Required documents,

The person receives the plot in accordance with the approved procedure by a predetermined date and at a predetermined price.

Our face does everything by itself again. The phrase in the same article 11.10 that it should not coordinate the prepared SZU does not greatly save the situation, this is clear to practitioners.

3. The cases and procedure for granting land plots are defined in detail.

A. A closed list of documents-grounds for the transfer of the right to a land plot owned by the state or municipality has been established (Article 39.1 of the Land Code of the Russian Federation):

The decision of the state authority or local government in the case of granting a land plot to the property free of charge or for permanent (unlimited) use;

Purchase and sale agreement in case of granting a land plot to the property for a fee;

Lease agreement in case of granting a land plot for rent;

Agreement for gratuitous use in the case of granting a land plot for gratuitous use.

B. Methods for the transfer of rights to a land plot owned by the state or municipality have been established:

Ownership for a fee: only at auctions in the form of auctions, with the exception of the listed cases (Article 39.3 of the Labor Code of the Russian Federation);

Ownership free of charge (Art. 39.5 RF LC);

For rent (paid temporary use): only at auctions in the form of auctions, with the exception of the listed cases (Article 39.6 of the Labor Code of the Russian Federation);

For gratuitous (temporary) use (Article 39.10 of the Land Code of the Russian Federation);

For permanent (perpetual) use (Article 39.9 of the Land Code of the Russian Federation).

B. The order is established:

Conducting auctions (Articles 39.11 - 39.13 RF LC);

Provision of a plot without bidding (Articles 39.14 - 39.17 of the Land Code of the Russian Federation);

Provision of memory to citizens for individual housing construction, private household plots, gardening, horticulture, dacha farming and farming (Article 39.18 of the Labor Code of the Russian Federation);

Provision of memory to citizens free of charge (Article 39.19 of the Labor Code of the Russian Federation);

Provision of storage under buildings and structures (Article 39.20 of the Land Code of the Russian Federation).

D. A procedure has been established for the use of a land plot without the transfer of rights - by means of an easement or without it.

KEY FINDINGS

Any law is a program, an algorithm of actions. This is an established and legalized order, a sequence of actions that must be done in certain cases. This is an indication of how to act in certain cases. Accordingly, when analyzing the law, it is necessary to proceed from what goals the legislator pursues, and on this basis to draw a conclusion about how well he managed to achieve these goals. At the same time, it should be borne in mind that there are declared, announced goals, and real goals that are not announced, but which are fully reflected in the text of the law. Which in the future may be considered a mistake, an oversight of the legislator, but which are not.

Based on this, without going into the nuances of the wording and loopholes in the text of the law, let's summarize what control effect the new law will have on land relations.

1. Clarity. Of course, finally, this problem is solved, and the confusion and contradictions are over. A clear procedure has been established in all cases, which again are clearly foreseen and formulated. However, to make a great car, it still does not solve the problem of where it will go.

2. All according to plan. The formation and provision of land plots is completely closed to territorial planning documents, which creates an environment for the rational and harmonious development of territories.

3. It is easier to build in a complex. Elimination of problems with the formation of land plots in cases of complex development and development of built-up areas. Until now, builders have spent up to a third of the time and half of the budget on land issues, not doing their direct function. A significant gap was that the participants in the construction process had to go through an auction for the provision of a land plot even when it was completely inexpedient, as a result, construction was significantly enriched with risks and became more expensive. The same with the development of subsoil: having won the right to develop a subsoil plot, it was also necessary to win the right to use the land above this site. It turned out to be absurd. Now all such nuances are outlined and spelled out in the exceptions section as cases of granting land without bidding.

4. Easier to build linear structures. Norms have been established that resolve many issues on land, regarding the construction of engineering infrastructure - roads, pipelines, communication lines. For their construction, it is no longer necessary to form awkward serpentine land plots to meet the requirements of the Urban Planning Code. Now, for this, it is enough to establish an easement, which is registered with the State Property Committee. For repairs, it is enough just to obtain a permit issued by government agency. By the way, now it is enough to carry out engineering surveys for construction instead of having to rent land for this, which significantly reduces the organizational and financial costs of construction.

5. It is easier to arrange land for summer residents. It is to issue, and not to receive for free. The relief is expressed only in organizational form- a more clearly defined procedure for registering land and granting it ownership. The vast majority of citizens will not be able to get land for free. This procedure applies to gardeners, gardeners, summer residents, personal subsidiary plots, individual housing construction, and farmers. All these are different statuses of the land user and they are regulated by different special laws.

6. Specialists and large families - free of charge. There are cases of free provision of land to certain categories of specialists (these categories have yet to be established) and large families (the criteria for granting are also not specified). It should be noted that the provision on “land for large families” was adopted a long time ago, but it was completely sabotaged by all, without exception, the governors of the subjects of the Federation. Frankly, this case allows each of them to be accused, at least, of obstructing the solution of the demographic issue. The fact is that the federal law had (and still has in this part) a purely declarative character. He announces such an opportunity to provide land to large families, leaving the creation and implementation of a mechanism for its implementation to the regions. It is clear that this is unprofitable for all those who think exclusively in terms of profit. Accordingly, this mechanism has not been implemented, and there are strong doubts that it will be implemented in this case as well.

Any assignment that does not have a goal, specific deadlines, a specific formulation of the result and a specific responsible person is an imitation of work.

7. Not everyone can buy. In principle, the law assumes that anyone can buy or lease any free land from the state at auction. However, a detailed analysis of the law and, in particular, paragraph 8 of Art. 39.11 shows that there is a gigantic list of obstacles that completely overlaps the idea of ​​a free sale of land (which was contained in, which we wrote about earlier) and which provides the state with complete control over the issues of granting land:

- the interested person must form and register the desired plot himself and at his own expense, without guarantees to purchase it at an auction;

- the site must comply with many conditions for territorial planning, which are very difficult to comply with;

- there are a number of options for refusing to sell land to the state. For example, the presence of an already submitted application for preliminary approval in the provision of a site. Such an application can be easily submitted by anyone, including "your organization". As a result, there will be a reason to delay the moment of parting with the earth for an arbitrarily long time;

- the sale of a building plot is generally prohibited, except in specific cases;

- until 01/01/2020, the state may refuse to provide a site, including on the grounds approved by the law of the subject of the Federation, that is, for any that the region wants (paragraphs 29-31 of article 34 of Federal Law-171).

All this allows us to conclude that the state has abandoned the idea of ​​a total sale of land and its uncontrolled non-systemic use. .

In this case, it becomes clear that the consideration of the draft law on the abolition of land categories is delayed. If it is adopted in the form proposed by the Government, the whole meaning of this already adopted law will be lost, because the principle of systemic use of territories will be eliminated.

Having analyzed the law, we should now return to the issues identified at the beginning of this article and understand whether the new law helps in solving them. It should be borne in mind that this law regulates only one of the aspects of resolving these issues. It is perfectly clear that the right to land alone cannot solve either the food problem, or the demographic problem, or the problem of industry. For production, in addition to land, a financial resource, labor, and, most importantly, sales markets are needed. However, the land issue is one of the grounds for solving the problems of the country's survival.

Total:

- a significant relief was made to builders in terms of organizational measures related to registration of rights to land,

- some relief was made to farmers, summer residents, gardeners and gardeners ONLY in terms of organizational measures,

- the issue of free access of the population to land for housing construction remains open, except for an as yet indefinite circle of specialists.

The last question is a struggle. This struggle well illustrates the multidimensionality and interconnection of all spheres of the economy. On the one hand, we have a bill recently submitted by the Communist Party of the Russian Federation on family homesteads, which is designed to provide land to every Russian free of charge. This is the second attempt after the Liberal Democratic Party. On the other hand, the government is preparing a significant increase in taxes and depriving housewives of the right to free health insurance. Like, how it is connected with the earth? This is connected in such a way that it completely closes the issue of land for large families, because large families are three or more children. And until that moment, in order to give birth to a third, one must still live with two elders. In conditions when both parents work, and housewives are deprived of support, this is impossible. Thus, according to the combination of signs - the law on the abolition of categories, the law on raising taxes, we are dealing with direct subversive activities of the Government, in particular, its economic bloc, activities aimed at reducing the growth of the population of our country and undermining its economy.

We are dealing with a confrontation of ideas, groupings in the structures of state power, which is expressed in an inconsistent, torn, conceptually and managerially uncertain legislative process.

We are dealing with car traffic on the streets of India, and not the orderly order of tank columns moving confidently forward. There is movement, but supersystems, of which the Russian state is an example, can never exist in the conditions of Brownian movement.

The new law clarified the technology, but did not correct the essence of the problem: production, which is a socially significant phenomenon, is in the hands of private individuals and serves to please private interests, the harmfulness of the confrontation of which for the well-being of society, the state of the "Washington Consensus" is unsuccessfully trying to cover up with cosmetics.

Such laws are a clear confirmation of the conclusion of the classics of socialist ideology (if translated into Russian about the good for the whole society, in contrast to the capitalist idea of ​​the good only for capital) that in conditions of competitive confrontation one can never fully use the resource of the system to achieve the good of the entire system .

1. The sale of land plots in state or municipal ownership shall be carried out at auctions held in the form of auctions, except for the cases provided for by paragraph of this article.

2. Without bidding, the sale is carried out:

1) land plots formed from a land plot leased for the integrated development of the territory, to a person with whom, in accordance with the Town Planning Code of the Russian Federation, an agreement on the integrated development of the territory has been concluded, unless otherwise provided by subparagraphs 2 and 4 of this paragraph;

1.1) land plots formed from a land plot provided under a lease agreement or a gratuitous use agreement for the purpose of integrated development of the territory, concluded in accordance with Federal Law No. 161-FZ of July 24, 2008 "On Assistance to the Development of Housing Construction";

2) land plots formed from a land plot provided to a non-profit organization created by citizens for the integrated development of the territory for the purpose of individual housing construction (with the exception of land plots classified as public property), to members of this non-profit organization or, if it is provided for by a decision of the general meetings of members of this non-profit organization, this non-profit organization;

3) land plots formed from a land plot provided to a horticultural or gardening non-profit partnership, with the exception of land plots general purpose, members of such partnership;

4) land plots formed as a result of the division of a land plot provided to a non-profit organization created by citizens for the integrated development of the territory for the purpose of individual housing construction and related to public property of this non-profit organization;

6) land plots on which buildings, structures are located, to the owners of such buildings, structures or premises in them in the cases provided for by this Code;

7) land plots that are in permanent (perpetual) use of legal entities, to the specified legal entities, with the exception of the persons specified in paragraph 2 of this Code;

8) land plots for a peasant (farm) economy or agricultural organization in the cases established by the Federal Law "On the circulation of agricultural land";

9) land plots intended for agricultural production and leased to a citizen or legal entity, this citizen or this legal entity after three years from the date of conclusion of a lease agreement with this citizen or this legal entity or transfer of rights and obligations under a land lease agreement plot to this citizen or this legal entity, provided that the authorized body information on violations of the legislation of the Russian Federation revealed within the framework of state land supervision and not eliminated when using such a land plot in the event that this citizen or this legal entity filed an application for concluding a contract for the sale of such a land plot without bidding before the expiration date of the specified lease agreement land plot;

10) land plots to citizens for individual housing construction, maintenance of personal subsidiary plots within the boundaries of a settlement, gardening, citizens or peasant (farm) enterprises for the implementation by a peasant (farm) enterprise of its activities in accordance with this Code;

11) land plots to citizens in accordance with the Federal Law "On the peculiarities of providing citizens with land plots that are in state or municipal ownership and located on the territories of the constituent entities of the Russian Federation that are part of the Far Eastern Federal District, and on amendments to certain legislative acts of the Russian Federation" .

3. If the only application for participation in the auction for the sale of a land plot that is in state or municipal ownership is submitted by a person who meets the requirements for auction participants specified in the notice of the auction and whose application for participation in the auction corresponds to those specified in the notice of the auction the conditions of the auction, or if only one applicant is recognized as the sole participant in the auction or only one of its participants took part in the auction, the sale of such a land plot is carried out to the specified person.

• Grounds for the emergence of rights to land plots provided from lands that are in state or municipal ownership

  2. The sale of state or municipally owned land plots, in accordance with the main type of permitted use of which provides for the construction of buildings, structures, is not allowed, except for the cases specified in paragraph 2 of Article 39.3 of the Land Code of the Russian Federation, as well as cases of holding auctions for the sale of such land plots in accordance with Article 39.18 of the Land Code of the Russian Federation.

• The procedure for granting ownership, lease, permanent (perpetual) use, gratuitous use of a land plot that is in state or municipal ownership, without bidding

  5. In the cases provided for by subparagraph 7 of paragraph 2 of Article 39.3, subparagraph 11 of paragraph 2 of Article 39.6 of the Land Code of the Russian Federation, an application for granting a land plot into ownership or for rent must be submitted simultaneously with an application for termination of the right to permanent (unlimited) use of such a land plot.

Lands of state and municipal property can be not only transferred for temporary use, but also sold. Options for the implementation of allotments are indicated in. The procedure for the sale of land involves bidding in the form of an auction, except for some other situations, in particular:

• if the site is formed from land previously leased for the development of the territory;
• if the site is formed from land transferred to non-profit organizations for further development, for example, cooperatives or garden societies;
• if the plots are formed from lands transferred to a non-profit organization within the framework of individual housing construction;
• if the site is formed from the land transferred to the jur. to a person for running a dacha economy and being a common area;
• if there are buildings on the site;
• lands are registered for the needs of citizens in the order of unlimited permanent use;
• land is sold to a peasant farm in cases established by law;
• lands are sold for the organization of household plots

Each type of land is sold in the manner prescribed by Russian law. Purchase and sale transactions must go through the registration procedure with Rosreestr.

Bidding as a form of sale of lands of state and municipal property

Sale of land plots owned by the municipality carried out in the form of an auction. By using this option, the land can be sold at a higher price and there is no need to select a buyer.

Trades are held in the following order, established

1. The organizer appoints the place and time of the procedure, and also explains the procedure for submitting applications for participation in the auction. The notice is placed on electronic resource organizer, as well as in the press, no less than in 30 days before the start of the procedure.
2. Citizens wishing to participate, no later than 5 days before the start of the competition, they submit an application (you can view and download it here:). Each applicant is entitled to submit one application.
3. Auctions are held, a mandatory protocol is kept. The final price is fixed in the document.
4. After the winner is identified, settlements take place, and a contract of sale is drawn up.
5. The right to land is officially registered in the manner prescribed by law.

Sale of state-owned land plots made only in relation to those allotments that are described in paragraph 2 of Art. 39.3 RF LC.

Conclusion of a sales contract

The bill of sale is drawn up in writing on a standard form. The participants in this transaction the managers of the allotment act - the administration, federal agency as well as citizens or organizations. The former are sellers and the latter are buyers. Each of the participants must be legally capable, as well as confirm their authority with relevant documents.

The contract must contain the following information:

• place and date of the transaction;
• details of the parties;
• rights and obligations of the parties;
• information about the object of the transaction, including the technical parameters of the site;
• the procedure for performing settlements under the transaction;
• calculation of the cost of the site;
• conditions for protesting the transaction;
• signatures of the parties.

A prerequisite for the entry into force of this agreement is its registration in Rosreestr. To do this, the buyer must contact this authority and submit a package of necessary documents.

Registration is carried out no later than ten days and in addition to the sales contract, additional documents may be required.

List of documents

As documents for registration sales contracts(you can view and download here:) the following papers can act:

• buyer's passport and seller's documents;
• technical papers on the ground;
• documents that are the basis for the transaction;
• papers confirming the absence of encumbrances;
• financial documents indicating the payment of all necessary amounts.

Additional documents may be required during the official registration of the transaction with Rosreestr.

Land sale price

An example of the sale of land of state and municipal property

Igor Anisimov turned to the administration of his region with a request to sell him a land plot, since his private household plot is located on the territory.

After some time, the man was refused, arguing that the municipality would conduct, and he could redeem him exclusively as part of this procedure.

Anisimov explained that he has the right to purchase land without an auction, since his farm is located there, however, nothing came of it. After some time, officials scheduled an auction.

Since Igor did not have enough funds to buy the land at the auction price, and several people planned to take part in the auction, the man turned to a lawyer and with his help a statement of claim was drawn up recognizing the actions of the administration as illegal. As a result of the court session, a decision was made to cancel the auction and transfer the land at the cadastral value to Anisimov.

Conclusion

As a result, several conclusions can be drawn:

1. The sale of land belonging to the municipality or the state takes place in accordance with the procedure established by law.
2. Plots can be sold in a standard manner - by issuing a bill of sale and its further registration, or they can be sold at auction.
3. Bidding takes place in the form of an auction, which allows selling land at a fairly high price, as well as eliminating difficulties in choosing a buyer.
4. The bidding process is also defined by land legislation and contains a number of mandatory actions.
5. Organizers are required to publish a notice of the auction in 30 days before it starts.
6. Potential participants submit an application and pay a deposit. If there is only one application, then the competition is still considered valid. Application for participation must be submitted no later than in 5 days before the start of the auction.
7. During the auction, a protocol is necessarily kept and an agreement is drawn up based on the results of the competition.
8. The transaction must be registered with Rosreestr and only then enters into force. Registration requires not only contract of sale, but also a package of mandatory documents for the land.
9. The contract of sale specifies all essential conditions, including a detailed description of the land plot and its price.
10. The price depends on how the site is sold. If the sale is carried out at auction, then the cost is determined in the process of the auction. In the event that the allotment is sold without bidding, the price is set no higher than the cadastral value.

The most popular questions and answers to them on the sale of state and municipal land

Question: Good afternoon, my name is Tatyana, and I have encountered a little difficulty. The fact is that I found out that soon the administration will sell allotments for individual housing construction. I decided to purchase the area and went to apply for participation in the auction.

Firstly, it turned out that the value of the land was much higher than the cadastral one, although this was contrary to the norms of the law, and, secondly, I refused to enter into a contract of sale, because my application for a specific site was the only one.

Tell me, are such actions legal, and how to protest the high cost of land?

Answer: Hello, Tatyana. First of all, you are mistaken about the cost. According to Art. 39.4 RF LC, land is sold at a price not exceeding the cadastral index only if no auction is held. If bidding takes place, the price will be set at the level declared by the winning buyer.

With regard to refusal due to a single application, such actions are illegal. In this case, the redemption value is determined by the level of this application and this cannot be a reason for refusal.

Now you should go to court and try to challenge the actions of the organizers of the auction. If the judge decides in your favor, then you can buy the land.