The current state of agricultural land in the Russian Federation. Agricultural land For on-farm roads and communications

In Russia, agriculture has always been the main branch of the economy. Agricultural lands are of particular importance as a means of agricultural production and are the second largest category of lands in the unified land fund of the Russian Federation. Fertile soil is an invaluable national heritage. Agricultural lands, due to their special importance, require special protection. However, at present, more than 41 million hectares of agricultural land are not cultivated, which is 18% of all agricultural land, and about 26% of land shares remain unclaimed. According to the data of the Accounts Chamber, the total area of \u200b\u200bagricultural land in Russia for 2008-2011. decreased by 9.8 million hectares. As of January 1, 2011, agricultural land in Russia accounted for 23.0% (393.4 million hectares), and the area of \u200b\u200bland assigned to this category in Russia as a whole was 19.6 million hectares.

Agricultural lands are lands outside the boundaries of a settlement and provided for the needs of agriculture, as well as those intended for these purposes (clause 1 of article 77 of the RF LC). Lands of this category can be used for agricultural production, creation of protective plantings, research, educational and other purposes related to agricultural production.

Purpose should be understood as a special direction of land use, depending on the role played by the land in public relations. Land is a means of production, a base for the development of industry, a place where people live and the location of all existing natural objects. The use of a land plot has its own characteristics, which constitutes a special legal regime for each category.

As part of agricultural land, agricultural land is allocated, land occupied by on-farm roads, communications, forest plantations, designed to ensure the protection of land from the impact of negative (harmful) natural, anthropogenic and man-made phenomena, water bodies, as well as buildings, structures, structures used for the production, storage and primary processing of agricultural products (clause 2, article 77 of the RF LC). The area of \u200b\u200bnon-agricultural land in the structure of agricultural land in Russia is (according to 2010 data) 197.3 million hectares.

Agricultural lands are subject to special protection. These include arable land, hayfields, deposits, land occupied by perennial plantations. Their use not for their intended purpose is allowed only in exceptional cases, for example, if these lands need to be used for defense purposes, the construction of schools and hospitals, etc. (Article 79 of the RF Labor Code).

In accordance with paragraph 2 of Article 7 of the Labor Code of the Russian Federation, the legal regime of lands is determined based on their belonging to a particular category in accordance with the zoning of territories, the general principles and procedure for which are established by federal laws and the requirements of special federal laws.

The legal regime for the use of agricultural land is determined by two groups of norms. The first group includes norms ensuring the preservation of the area of \u200b\u200bland used in agricultural production. Thus, Article 79 of the RF Labor Code prohibits and restricts the withdrawal of land from agricultural production and it is recommended to provide for non-agricultural production land of inferior quality or not used in agricultural production.

The second group includes the norms that ensure the preservation of the qualitative characteristics of agricultural land and are contained in various regulatory legal acts, primarily in the RF LC. Thus, Chapter II "Land Protection" defines the obligations of land owners, landowners, land users and tenants of land plots in the field of land protection.

The earth is the basis of the life and activities of the peoples of the Russian Federation, the main component and fundamental natural resource of the environment. Without land, it is impossible to use such natural resources as subsoil, water, forests, fauna and flora.

Federal Law No. 7-FZ of 10.01.2002 "On Environmental Protection" determined the environmental quality standards, some of which are applicable to land plots, for example, the standards for the maximum permissible concentration of harmful substances in the soil, as well as the standards for the use of minerals and agrochemicals. The law also provides for environmental requirements for agricultural (reclamation) work.

Requirements for the protection of agricultural land were contained in the "Definition of the basic concepts of types of violations of land legislation", approved. Roskomzem March 29, 1994 No. 3-14-1 / 404:

soil fertility is the ability of the soil to meet the nutrient needs of crops and ensure their productivity;

reproduction of soil fertility is the preservation of soil fertility through the implementation of appropriate measures;

soil pollution is the content of chemical compounds, radioactive elements and biological substances in soils in quantities that have a harmful effect on human health, the environment and soil fertility.

Federal Law of 16.07.1998 No. 101-FZ "On State Regulation of Ensuring the Fertility of Agricultural Lands" defines measures for standardizing land fertility, accounting for indicators of the state of fertility of agricultural land, monitoring and controlling land reproduction.

Federal Law of 10.01.1996 No. 4-FZ "On Land Reclamation" can be named among the normative acts that create legal guarantees to ensure the preservation of the fertile quality characteristics of land. However, the law is rather declarative in nature, since it does not define special requirements for the performance of reclamation work, and also does not establish the procedure for performing the relevant work.

Article 78 of the Labor Code of the Russian Federation establishes a list of subjects using agricultural land, namely: citizens, including those leading peasant (farm) farms, personal subsidiary plots, gardening, livestock, truck farming;

economic partnerships and companies, production cooperatives, state and municipal unitary enterprises, other commercial organizations;

S non-profit organizations, including consumer cooperatives, religious organizations; Cossack societies;

S experimental-production, educational, educational-experimental and educational-production units of scientific organizations, educational organizations that train personnel in the field of agriculture, and general educational organizations;

communities of indigenous small-numbered peoples of the North, Siberia and the Far East of the Russian Federation for the preservation and development of their traditional way of life, management and crafts.

Agricultural lands can be transferred both to citizens to meet their personal needs in food production, recreation, solving other social, cultural, health problems (for gardening, haymaking, grazing), as well as to legal entities.

In accordance with paragraph 1 of Article 3 of the Federal Law of December 29, 2006 No. 264-FZ "On the Development of Agriculture" agricultural commodity producers are recognized as an organization, an individual entrepreneur (producer) engaged in the production of agricultural products, their primary and subsequent (industrial) processing (including number of leased fixed assets) in accordance with the list approved by the Government of the Russian Federation, and the sale of these products, provided that the share of the total income of agricultural producers from the sale of these products is at least 70% during the calendar year.

Agricultural commodity producers are citizens who run their own subsidiary plots, agricultural consumer cooperatives (processing, marketing (trade), service (including credit), supply, procurement), as well as peasant (farm) farms. However, the bulk of agricultural land is occupied by enterprises and organizations directly conducting agricultural production, rural producers. Their legal status is different.

Agricultural commercial organizations can function in the forms provided for by the current legislation. In accordance with Articles 60-90 of the Civil Code of the Russian Federation, the following commercial agricultural enterprises are distinguished: business entities, partnerships, cooperatives. The purpose of these enterprises is to make a profit through agricultural activities.

According to the Federal Law of 08.12.1995 No. 193-FZ

"On agricultural cooperation", a production cooperative is created by citizens for joint activities in the production, processing and sale of agricultural products, carried out activities not prohibited by law, based on the personal labor participation of members of the cooperative.

Agricultural consumer cooperatives are created by agricultural producers and (or) citizens leading their personal subsidiary plots, subject to their mandatory participation in the economic activities of the consumer cooperative.

They are created, first of all, to serve their members of the consumer cooperative in its economic activities. Consumer cooperatives can be processing agricultural products, marketing (trade), service (who perform land reclamation and other work), supply, horticultural, vegetable gardening, livestock, credit, insurance and others. The law establishes that at least 50% of the volume of work (services) performed by servicing, processing, marketing (trade), supplying, etc. should be carried out for members of these cooperatives. At the same time, making a profit is not the main goal of the consumer cooperative, therefore, by law, they belong to non-profit organizations.

A person entering an agricultural cooperative of any kind makes a share contribution (share) - a property contribution to the cooperative's share fund in money and, land plots, land or property shares or other property, or property rights that have a monetary value. When leaving the cooperative, the member must be paid the full value of the share or issued the property corresponding to his share.

All agricultural organizations conduct production on land, but if an agricultural commercial organization can own a land plot, then a state and municipal agricultural enterprise is provided with a land plot only for use or lease. Related to this are differences in the land rights of persons working in such enterprises and organizations.

In the Russian Federation, private, state, municipal and other forms of ownership are recognized (clause 1 of article 212 of the Civil Code of the Russian Federation). Property as an economic category accompanies human society throughout its history, with the exception of those initial stages when a person has not yet separated from nature and satisfied his needs using simple means of appropriation, like possession and use.

In accordance with paragraph 2 of Article 244 of the Civil Code of the Russian Federation, property can be in common ownership with the determination of the share of each of the owners in the ownership right (shared ownership) or without determining such shares (joint ownership).

In Soviet times, land rights were granted mainly to citizens living in rural areas. This is the right to household land use, the use of plots for individual gardening, the use of hayfields, pastures. However, it would be wrong to believe that individual peasant farms ceased to exist with the beginning of collectivization. Indeed, their number was insignificant, and they played practically no role in the agrarian economy.

The agrarian reform in Russia set itself the goal of creating highly efficient agricultural production through denationalization, reorganization of collective and state farms and the provision of land to those who cultivate it. However, the legal regulation of land relations was carried out with great difficulties, since the use of predominantly administrative methods of state leadership, management and regulation of land relations did not take into account the personal interest of agricultural producers. So, the decree of the Council of Ministers of the USSR and the Central Committee of the All-Union Communist Party of Bolsheviks dated 10/20/1948 "On the plan of field-protective afforestation, the introduction of grass-field crop rotations, the construction of ponds and reservoirs to ensure high and stable yields in the steppe and forest-steppe regions of the European part of the USSR" regardless of the economy of the farms.

The land legislation provided for the transfer of land to the collective ownership of workers of agricultural enterprises so that the land shares (shares) per each were calculated, and workers wishing to leave the collective farm (state farm) to create peasant (farm) farms received the right to allocate their due share in kind. At the same time, the land was transferred according to average regional norms to all workers, including pensioners, social workers, etc., and this sometimes led to an aggravation of the social situation in the countryside.

In the early 90s of the XX century, in the process of privatization, the lands of agricultural enterprises were transferred to the members of the collective of the enterprise on the basis of common ownership. The members of the enterprise's collective were assigned free land shares, conditionally allocated in hectares, the size of which was established by the local administration. The very fact of owning a land share was certified either by a certificate of ownership of a collective member to a land share, or was confirmed by a corresponding entry in the ledger of land share owners. The owners had the right to dispose of land shares, including allocating them in kind.

For the first time, the allocation of a land share from common shared ownership at the legislative level took place on the basis of Presidential Decree No. 232 of December 27, 1991 "On urgent measures to implement land reform" and Decree of the RF Government of December 29, 1991 No. 86 "On the procedure for reorganizing collective and state farms." Later, the Decree of the Government of the Russian Federation of 02/01/1995 No. 96 "On the procedure for the exercise of the rights of owners of land shares and property shares" and the Decree of the President of the Russian Federation of 03/07/1996 No. 337 "On the implementation of the constitutional rights of citizens to land" regulated the procedure for exercising the powers of ownership, use and disposal of land shares. However, these acts have become invalid since the entry into force of the new Law of the Russian Federation and the Federal Law of July 24, 2002 No. 101-FZ "On the turnover of agricultural land" (hereinafter - the Law on Land Turnover), which currently determine the rules for the allocation of land nature.

Until now, the owners of land shares did not conclude or sign constituent agreements, the application was not taken from the owners of the shares, and the land itself actually remained in the use of the newly formed agricultural enterprises.

The problem of formalizing real shares was that agricultural enterprises that were experiencing financial difficulties remained the users of agricultural land that was collectively owned by peasants. As a result, they were unable to bring land management documentation in line with the requirements of the law and formalize the rights of owners of land shares. Thus, owners with legal ownership rights could not allocate land shares in kind.

Land rights for agricultural enterprises were not clearly established, as they were also issued certificates for the right of common ownership of land, and civil contracts between agricultural enterprises and members of their collectives were not properly executed.

The boundaries of land tracts, in which land shares are included, are not indicated either in kind or on the map, and are also not taken into account in the state land cadastre. As a result, part of the lands of collective farms and state farms was not transferred to the common shared ownership of citizens, but was credited to the fund for the redistribution of land in the district and again without defining the boundaries of these land tracts, that is, the delimitation of private land plots and state lands was not carried out. The former lands of collective farms and state farms are used by peasant (farm) farms without registration and registration of any documents in the registration chambers. Heads of farms voluntarily pay land tax for the owners of land shares. Such actions can be considered illegal, since the rights to land shares have not passed state registration.

Modern requirements for the conditions and procedure for the allocation of land plots in kind are provided for in Articles 11.2, 11.4-11.6, 68-69 of the RF LC, Federal Law No. 78-FZ of 18.06.2001 "On Land Survey", Article 13 of the Law on Land Turnover, Chapter 111 Federal Law of 24.07.2007 No. 221-FZ "On the State Real Estate Cadastre", as well as Chapter III of the Federal Law of 18.06.2001 No. 78-FZ "On Land Management".

Initially, the term “land share” was used in regulatory enactments, then “land share” and “land share” began to be used as identical concepts, and now the term “land share” is mainly used.

The concepts of "land share" and "property share" are used in the legislation as identical, equally applicable to both land and property. The land share is a conventional unit calculated in hectares or balloectares of the amount of land per one member (participant) of an agricultural organization (enterprise).

The allotment of a land plot is carried out in the event of the allotment of a share or shares from a land plot in shared ownership (clause 1 of article 11.5 of the RF LC)

According to the general rule established by paragraph 1 of Article 13 of the Law on Land Turnover, a participant in shared ownership has the right to demand the allocation of a land plot against a share in common ownership of a land plot from agricultural land for personal subsidiary plots and a peasant (farm) economy, as well as for transfer of a land plot for rent.

When a land plot is allocated, a participant in shared ownership, upon whose application the land plot is being allocated, arises ownership of the land plot being formed, and the said participant in shared ownership loses the right to share ownership of the altered land plot (clause 2, Article 11.5 of the RF LC).

To allocate a land plot, a participant in shared ownership is obliged to notify of his intention in writing to the rest

participants in shared ownership or publish a message in the media designated by the subject of the Federation. The notice must contain information about the location of the requested land plot and the amount of compensation to other participants in shared ownership in the cases provided for in Article 13 of the Law on Land Turnover. In the absence of objections from the rest of the participants in shared ownership, within a month from the date of publication of the announcement of the location of the allocated site, it is considered agreed. However, if there is a dispute, it must be resolved in court. Article 17 of the Law on Land Turnover imposes the obligation to ensure the determination of the boundaries on the terrain of land plots in common ownership to the participants in common ownership.

Allocation of a land plot is the formation of a legally new land plot, the formation of which is carried out in accordance with the requirements of land management. Land management is carried out without fail in the redistribution of land plots used by citizens and legal entities for agricultural production (Article 3 of the Law on Land Management).

Participants in shared ownership, who received land shares during the privatization of agricultural land, are obliged to ensure that the boundaries of the common property of land plots from agricultural land are determined on the ground in accordance with the requirements of land management (Article 17 of the Law on Land Turnover).

The allotment of a land plot should be considered made from the moment of agreement on the location of the plot. When concluding an agreement with a land surveying authority, a citizen or legal entity must attach the initial data on the land plot contained in the land registry:

S cadastral plan of the land plot; extract from the state land cadastre;

S minutes of the meeting on the reorganization of an agricultural enterprise;

S the resolution of the district administration on the transfer of a land plot into common ownership with a list of all owners of land shares at the time of the organization of the economy.

The listed documents are submitted to the registration chamber once for state registration of all owners of land shares in this farm. Registration is carried out no later than one month from the date of submission of the application (clause 3 of article 13 of the Federal Law of July 21, 1997 No. 122-FZ "On state registration of rights to real estate and transactions with it" (hereinafter - the Law on registration of rights) ). However, if the registrar has doubts about the authenticity of the documents submitted, he has the right to suspend registration for one month, notifying the applicant in writing and justifying such a decision (clause 2 of article 19 of the Law on Registration of Rights).

Land surveying of land plots is carried out on the basis of information from the state cadastre, land management, town planning documentation. Only actually allocated land shares from the total area of \u200b\u200bland plots can be objects of land and civil relations, if their size is not less than the minimum size of the agricultural land plot established by the constituent entities of the Russian Federation (Article 30 of the RF LC).

In order to redistribute land for agricultural production, create and expand peasant (farm) farms, personal subsidiary plots, gardening, animal husbandry, truck farming, haymaking, grazing livestock as part of agricultural land, a land redistribution fund is created (Article 80 of the RF LC).

The basis for the inclusion of land plots in the redistribution fund is the decision of the executive authority to transfer agricultural land into it in the event of a voluntary refusal of the land plot, in the event of a forced refusal, if there are no heirs either by law or by will. Significant areas of land were credited to the fund as a result of the liquidation of agricultural organizations.

In 2010, the most significant areas of such land were transferred to the redistribution fund in the Amur Region (68.9 thousand hectares were transferred from reserve lands to the category of agricultural land) and Saratov region (34.5 thousand hectares). As of January 1, 2011, the total area of \u200b\u200bagricultural land not provided for use and included in the land of the redistribution fund decreased by 1.9 million hectares and amounted to 48.8 million hectares as of the reporting date. The area of \u200b\u200bagricultural land included in the redistribution fund increased by 38.3 thousand hectares and amounted to 12.1 million hectares.

In accordance with the Decree of the President of the Russian Federation of 12.05.2008 No. 724 "Questions of the system and structure of federal executive bodies", the Ministry of Agriculture of the Russian Federation is a federal executive body and carries out the functions of developing state policy and legal regulation in the field of:

S agro-industrial complex, including land reclamation, soil fertility, regulation of the market of agricultural products, raw materials and food, sustainable development of rural areas;

S land relations (in terms of agricultural land), on state monitoring of such land;

provision of public services in the field of the agro-industrial complex, including sustainable development of rural areas;

management of state property at subordinate enterprises and institutions;

The Ministry of Agriculture of the Russian Federation coordinates and monitors the activities of the subordinate Federal Service for Veterinary and Phytosanitary Surveillance and the Federal Agency for Fisheries, and also submits to the Government of the Russian Federation draft federal laws, regulatory legal acts of the President of the Russian Federation and the Government of the Russian Federation and other documents that require a Government decision RF, as well as a draft work plan and forecast indicators of the Ministry's activities.

According to paragraph 1 of Article 65 of the RF Labor Code, land use in the Russian Federation is paid. The forms of payment for the use of land are land tax (Chapter 31 of the Tax Code of the Russian Federation) and rent (Article 65 of the Law Code of the Russian Federation, Chapter 34 of the Civil Code of the Russian Federation).

In this case, the annual rent is set within:

• 2% of the cadastral value of leased land plots;
• 0.3% of the cadastral value of leased agricultural land plots;

S 1.5% of the cadastral value of leased land plots withdrawn from circulation or restricted in circulation (part 3, clause 2, article 3 of Federal Law No. 137-FZ of 25.10.2001 "On the Enactment of the Land Code of the Russian Federation").

Certain types of liability for offenses in the field of protection and use of agricultural land are regulated by the head of the HSh of the RF LC.

In article 13 of the Labor Code of the Russian Federation, special requirements on the rationing of the quality of land are contained.

See: Land Code of the Russian Federation of October 25, 2001 No. 136-FZ; Forest Code of the Russian Federation dated 04.12.2006 No. 200-FZ; Federal Law of 19.07.1997 No. 109-FZ "On the Safe Handling of Pesticides and Agrochemicals"; Federal Law of 15.04.1998 No. 66-FZ "On horticultural, vegetable gardening and dacha non-profit associations of citizens"; Federal Law of 07.07.2003 No. 112-FZ "On personal subsidiary plots"; Federal Law of December 21, 2004 No. 172-FZ "On the transfer of land or land plots from one category to another"; Decree of the Government of the Russian Federation dated 02.10.2002 No. 830 "On approval of the regulation on the procedure for conservation of lands with their withdrawal from circulation"; Law of the city of Moscow dated 19.12.2007 No. 48 "On land use in the city of Moscow" and others.

See: Yu.K. Tolstoy. General provisions on ownership. Civil law. Textbook: In 3 volumes, 6th ed., Revised. and add. / Comp. N. D. Egorov, I.V. Eliseev and others; Otv. ed. A.P. Sergeev, Yu.K. Tolstoy. - M .: TK Welby; Prospect, 2004. T. 1. -S. 405.

Agricultural areas are included in the agricultural sector and are of particular value for the Russian economy. The amount of agricultural goods produced depends on the quality of the soil and the degree of development of the territories. Let's figure out what the area of \u200b\u200bagricultural land is and what legal features are inherent in relations with land.

Agricultural land structure

Agricultural land is intended for use in the agricultural sector and cannot be built up with non-purpose structures. In other words, the shares are used only for sowing, fertilizing, collecting, processing and storing crops.

The area of \u200b\u200bagricultural land includes independent units of land allotments:

• Arable land. Used for annual sowing and soil fertilization.
• Hayfields. Agricultural plots intended for cutting grass during the harvesting period.
• Pastures. Vegetable plot of agricultural area used as a forage base for the KRG.
• Deposits. Unused vacant agricultural shares that have not been sown and fertilized.
• Planting. The territory developed for planting tree species and further harvesting.

The area of \u200b\u200bagricultural land is a combination of the above lands. The total crop area is determined by measuring each of the allotments included in the composition. When calculating the area, not only arable land and pastures are taken into account, but also areas sown with perennial plants.

Characteristics of agricultural land

Agricultural lands are part of the agrarian complex of Russia and represent areas intended for the cultivation of fruitful crops. Cultivated area and agricultural productivity are critical factors in a successful business.

Agricultural lands are distinguished by a high level of mineral fertilizers. Due to the chemical impurities included in the composition, the soil is able to withstand several productive crops at once per year.

The structure of the agricultural land area is represented by arable land, hayfields, pastures, fallow lands and green spaces. The objects are subject to state protection. Of particular importance is the cadastral valuation of agricultural land, which determines the characteristics of the soil and the total value of the plots used.

Legal relations in the field of agriculture are enshrined in the Land Code of the Russian Federation. So, according to paragraph 1 of Art. 77, agricultural lands are lands located outside settlements and used as agricultural sown areas. Another feature of agricultural shares is their intended purpose.

In accordance with the RF Labor Code, agricultural land areas are of two types:

• The main lands are used strictly for their intended purpose for growing crops.
• Ancillary lands are territories where agricultural objects are located. The category is distinguished by such areas as swamps, forests, trees and shrubs, highways, areas for structures, etc.

According to Art. 78 of the Labor Code of the Russian Federation, auxiliary shares must be used in accordance with their intended purpose and not contain objects that fall out of the agricultural production cycle.

Especially valuable productive agricultural land

Fertile soils are considered valuable agricultural land. The state cadastral assessment of agricultural land, which is carried out in accordance with the regulations, helps to determine the degree of land productivity.

Soil grading is a procedure for determining the quality of sown areas, which is expressed in taking into account natural factors and the degree of development of land.

Validation allows you to determine how much one soil differs from another. An important feature of the procedure is the reliance on the chernozem composition of the land. The calculation is carried out only in those regions where the highest level of agricultural achievements, including technical equipment, is noted.

The agronomic assessment of soils is an important basis for determining the most suitable areas for sowing. After identifying the level of black soil, experts form a base of valuable agricultural land.

It should be noted that the state cadastral assessment of agricultural land takes into account soil fertility on the scale of the bonitet score. Economic fertility is an important factor.

Bonitization is carried out both for agricultural land and for auxiliary land. The following are taken into account:

• location of the land;
• the degree of development of the region;
• natural and climatic conditions;
• annual economic income from land;
• income growth prospects;
• technical equipment, etc.

The list of especially valuable productive agricultural land is entered in the land registry and is one of the most important economic indicators.

Agricultural land translation

Agricultural land is land that generates income from soil cultivation and the cultivation of fruitful crops. But the fertility of the land can be achieved only with regular care of the allotments. The lack of measures for fertilization, regular sowing, irrigation and maintenance of agricultural production wear out the soil, making it unsuitable for agricultural needs.

The state cadastral valuation of agricultural land regulates the transfer of land from agricultural to other categories. However, the agricultural land fund knows a strictly limited number of cases of transition possibility:

• not using the soil for agricultural purposes;
• transfer of land to a specially protected area;
• expansion of the settled zone;
• construction in areas unsuitable for agricultural sowing;
• transfer of unusable plots to forest or water resources;
• transfer of land to stock lands;
• laying of communication nodes;
• recognition of the territory as a historical and cultural heritage;
• prospecting for locations of minerals.

In accordance with Article 7 of the Federal Law No. 172-FZ, agricultural land is not transferred to another category:

• with restrictions on the transfer of land;
• with a negative opinion of a soil evaluator;
• with inappropriate assignment of shares.
• for other reasons provided by law.

The federal law provides an exhaustive list of the possibilities of transferring land to other categories. To ensure translation, a list of documents should be prepared, including the maximum size of the total area of \u200b\u200bagricultural land passing from one land group to another. But at the same time, it is important to remember that the legislation imposes a ban on the transition of especially valuable productive agricultural land in connection with their important target role.

The entire territory of which our country is composed is divided into. This division is fixed at the legislative level and is regulated by the Land Code of the Russian Federation.

This is done to establish control over the intended use of land. All are isolated. The most common category of land - agricultural land.

Agricultural lands are in second place in terms of area among all categories, second only to the lands of the forest fund.

On the territory of the Russian Federation, they occupy about 386 million hectares. For comparison, the area is approximately 20 million hectares.

Agricultural land is under special state control.

They are a valuable resource and source of food.

Therefore, it is important to use the land for its intended purpose, to prevent it from littering and pollution, deterioration of the soil condition, exposure to harmful factors.

Composition of agricultural land

Farmland

These include areas for sowing and growing various agro-industrial crops, as well as for grazing animals.

Farmland - these are the most fertile territories that provide the country with crops, therefore they have a priority status and are under the protection of the state. Farmland is under special control:

• with artificial irrigation,
• used by research institutes of any level,
• with a high cadastral value (10% above the average).

Depending on the functions performed lands are divided into:

• arable land,
• haymaking,
• pastures, etc.

The most fertile lands endowed with mineral resources include arable land.

Arable land is a type of land that is cultivated and various crops are grown on it every year.

Hayfields used only for harvesting hay for the winter. Sowing and harvesting on such lands is not carried out. Although there are artificial hayfields.

Pasture also usually not seeded or processed. Used only for grazing.

Different types of farmland can be distinguished:

• low quality,
• average quality,
• high Quality.

On farmlands, it is permissible to build only those buildings and structures that are necessary for the implementation of agricultural activities. It is prohibited to build residential or industrial facilities in such areas.

For on-farm roads and communications

These include the roads required for access and service agricultural land. They must comply with certain standards specified in SNiP 2.05.11-83.

On-farm roads, depending on their purpose, can be the following types:

• connecting agricultural objects with each other (I category of roads),
• connecting agricultural facilities with main roads (II category of roads),
• field auxiliary roads for servicing individual lands and their parts (III category of roads).

On-farm roads should occupy the smallest possible area.

They include:

• directly the lane for placing the roadway,
• drainage ditches,
• safety strip 1 meter on each side of the road.

Planted with trees and shrubs

These are lands planted with trees and shrubs to protect the environment from the influence of negative factors.

Protective forest belts are created:

• on horticultural and summer cottages,
• around the fields,
• along roads and railways.

Cutting and renewal of plants takes place only in agreement with local authorities.

With water bodies

Areas with enclosed water bodies are included in the category of agricultural land only if if they are within the boundaries of these lands... At the same time, lakes or ponds can be used both for fish farming and for irrigation of nearby territories. Such objects are divided into two types:

• reservoirs of artificial origin,
• reservoirs of natural origin.

Occupied by agricultural buildings

For the effective implementation of agricultural activities, auxiliary buildings are needed.

They are not residential and are intended for storage and primary processing grown products. For these purposes, the least fertile areas are allocated.

In addition to this criterion, there is a second, very important one - logistic. The location of the buildings must be accessible to a specific pool of surrounding cultivated land.

Use of agricultural land

According to the legislation of the Russian Federation, agricultural land can be used for the following purposes:

1. the implementation of agricultural activities by enterprises,
2. creation of personal or private farms,
3. growing vegetables, fruit crops,
4. creation,
5. raising and breeding animals and fish,
6. research activities.

Important! Since 2015, in our country, a classifier of types of permitted land use (VRI) has been applied. The document clearly and in detail indicates the types of permitted intended use of each category, including agricultural land.

Prior to its entry into legal force, these issues were dealt with by the local government bodies of each individual subject. You can learn more about the VRI classifier.

Features of farmland

Farmland has a number of features, in comparison with other types of agricultural land. They are enshrined in law (Article 79 of the RF Labor Code).

1. The most fertile lands are under the protection of the state, as they are its national treasure and the most important resource.
2. Such lands can only be used for their intended purpose, that is, for the implementation of agricultural activities. Misuse is punishable by law.
3. Farmland with high is not subject to transfer to other land categories
4. The construction of any kind of buildings in the territories protected by the state is prohibited.

In exceptional cases, in agreement with the regional authorities, farmland with inferior soil quality and low cadastral value may be in another category of land.

Among other things, it is legally established demands for persons using farmland:

• plots must be developed within 2 years,
• maintain soil fertility in the course of its activities,
• provide the authorities with information on the chemicals used, if necessary.

Redistribution Fund

The Land Redistribution Fund is a unified database on agricultural plots temporarily out of circulation, that is, not being used for their intended purpose.

Its main function is land fund formation and their further transfer for use to individuals or legal entities on certain conditions.

This is done to ensure that strategically important farmland is not idle, because it is economically unprofitable.

The agricultural plot falls into the distribution fund when following conditions:

• in case of voluntary refusal of the owner from the site,
• in the absence of heirs after the death of the owner,
• in case of compulsory seizure of land by the state.

Ownership of agricultural land

Get ownership lands with a category of agricultural purpose can be the following subjects:

• individuals (for running a subsidiary farm),
• legal entities (farms, agricultural enterprises, dacha associations, etc.).

At the time of buying the owner of farmland receives the right:

• transfer the plot by inheritance,
• lease,
• sell,
• give,
• pledge.

According to the legislation of the Russian Federation, the owners of agricultural land cannot be foreign citizens and companiesas well as stateless persons. The legal basis for the transfer of ownership of agricultural land is enshrined in the Federal Law "On the turnover of agricultural land" No. 101.

If the owner sells the agricultural land belonging to him, representatives of the municipal authorities of the subject have priority rights to purchase such plots.

Providing

The provision of agricultural land for use, in fact, means the transfer of such land on lease, for its intended use. In this case, the allotments remain the property of the state.

To get a plot necessary:

1. Submit an application to the appropriate authority.
2. Collect a package of documents.
3. Wait for the decision.
4. Conclude a lease agreement.

The law provides for a number benefits and benefits when transferring agricultural land to certain categories of persons (for example, small peoples to maintain and preserve their way of life).

Withdrawal

The legislation stipulates that the state has the right in some cases forcibly withdraw agricultural land from the owner.

This decision is made in court and can be challenged within the appropriate period. Main reasons for the withdrawal of farmland:

• the agricultural plot has not been used for its intended purpose for three or more years,
• the site is used irrationally, which leads to a decrease in soil fertility and a deterioration in the quality of agricultural land.

Useful video

Detailed information on the use of agricultural land can be obtained in this video:

Conclusion

Agricultural land is one of the strategically important and state-protected categories of land. They must used exclusively for its intended purpose... The state has the right to distribute them among users to improve their rational use.

Farmland can be transferred to individuals and legal entities in ownership. However, with inadequate care of the sites, the state has the right seize them in court.

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According to the accounting data, agricultural land occupies an area of \u200b\u200b406 million hectares, which is approximately 23.8% of the total land area of \u200b\u200bthe Russian Federation. Of these, 190.7 million hectares, or 47%, are allocated for agricultural land. At the same time, much more land is actually used in agriculture, if we take into account the land plots provided temporarily and permanently for agricultural purposes from other categories of land. We are talking about the lands of the forest fund, lands of specially protected areas and objects that are provided for grazing, haymaking, etc. According to approximate data, land used for agricultural purposes, but not included in the category of agricultural land, can range from 18% and more.

Agricultural land, as well as their composition in relation to various territories, is determined in the process of land use planning, land management activities, zoning, as well as when providing land plots for use. Decisions made regarding the composition of land and their use are binding. Changes in the established composition of land plots and types of use by land users are not allowed and requires a special decision.

Land use planning is carried out in the order of development and adoption of various kinds of target programs, settlement schemes on the territory of the Russian Federation, environmental management schemes. For example, it is envisaged that the General Scheme of Settlement on the Territory of the Russian Federation defines agricultural land (Art. 31 of the Town Planning Code).

Zoning is a common way of regulating land use. Within the framework of zoning, zones are determined that are most favorable for conducting various types of agricultural activities. Zoning is also used in the allocation of land from agricultural land intended for horticulture, truck farming and dacha farming. In particular, it is envisaged that the zoning schemes of territories for the placement of horticultural and dacha non-profit associations should contain information about the locations, areas and purpose of land plots (gardening, horticulture or dacha farming), the permitted use of land plots within the allocated zones, including restrictions on encumbrances, as well as information on the rights on which the provision of land plots is allowed within a specific zone (the right of private and common property, lease rights).

Zoning schemes of territories serve as the basis for determining the volume of construction of access roads, power supply facilities, communications, as well as for the development of public transport, trade, medical and consumer services for the population. Zoning schemes for the placement of horticultural, vegetable gardening and dacha non-profit associations are approved at the level of the constituent entities of the Russian Federation and local self-government bodies.

Data on the composition, structure and intended use of agricultural land plots are entered in the state land cadastre.

The state of agricultural lands is characterized by clearly manifested negative processes of degradation. Over the past three decades, there has been a constant reduction in the area of \u200b\u200bagricultural land with an upward trend. Only in the first half of the 90s. 27 million hectares were removed from agricultural circulation, despite the constant involvement of new lands in agricultural circulation. In 1999. compared to 1998 the area of \u200b\u200bagricultural land decreased by another 14.9 million hectares.

The main reason for this reduction is the transfer of agricultural land to other categories of land, as well as their ongoing intensive withdrawal for non-agricultural needs. At the same time, as a result of degradation and provision for non-agricultural needs, areas of the most valuable lands are excluded from the sphere of agricultural production, and instead of those that have been disposed of in agricultural circulation, lands of low productive potential are mainly included.

According to available data, the state of agricultural land remains unsatisfactory. The transformation of land relations carried out in the country, having reflected on the dynamics of the structure of the land fund, did not lead to an improvement in land use, a decrease in adverse anthropogenic impacts on the soil cover, causing the development of soil degradation processes or processes that contribute to this. Due to the lack of funds, weak interest of state bodies, measures for the protection and rational use of land are significantly reduced. The construction of anti-erosion hydraulic structures has been practically stopped. With the transfer of almost all agricultural land to private ownership, the responsibilities and financial burden of ensuring the proper condition of the land were transferred to collective and individual owners, who, due to the difficult economic situation, are not able to ensure their proper use.

The deterioration of the land condition, which has accelerated its pace in recent years, poses a serious threat to undermine the material base of agricultural production. The recently adopted Land Code of the Russian Federation and the Federal Law "On the turnover of agricultural land" have strengthened measures for land protection. In particular, the transfer of agricultural land to another category requires a decision of the executive authority of the constituent entities of the Russian Federation. Unused land plots are subject to seizure.

Taking into account the analysis of normative legal acts of 65 constituent entities of the Russian Federation, the Ministry of Agriculture of the Russian Federation developed and agreed with the ministries the concept of the draft federal law "On Amendments to Certain Legislative Acts of the Russian Federation Regarding Improving the Turnover and Use of Agricultural Land". The concept, inter alia, provides for the legislative establishment of criteria for the improper use of land plots. It is possible that if such bills were adopted, the exemptions would not be widespread. The law would be applied in the most egregious cases and to the most negligent, non-negotiable owners with a long history of confrontation with the regional authorities. But all the same, the presence of such an instrument of property dispossession would radically change the agricultural land market in Russia. The bills were sent from the Ministry of Agriculture to the Government for consideration.

Moreover, the department developed a draft federal law "On Amendments to Legislative Acts of the Russian Federation Regarding Improving the Regulation of Land and Mortgage Relations in Agriculture" and developed the "Main Directions for Improving the Organizational, Economic and Legal Support of Regulation of Land Relations in Part of Agricultural Land" , the implementation of which is stipulated by the Action Plan of the Ministry of Agriculture of the Russian Federation, approved by the Minister of Agriculture on November 10, 2008. In addition to the above, in order to carry out state monitoring, the same ministry developed and agreed with a number of departments a draft decree of the Government of the Russian Federation "On approval of the Regulation on the implementation of state monitoring of lands used or intended for agriculture."

In the meantime, the Government received another bill on a similar topic, but developed by other departments. The Ministry of Economic Development of the Russian Federation, together with the Ministry of Finance of the Russian Federation, the Ministry of Regional Development of the Russian Federation, has developed a concept and a draft federal law "On Amendments to Certain Legislative Acts of the Russian Federation Specifying Requirements for the Use of Land Plots for Their Purpose." It should be emphasized that the concept also provides for a legislative definition of "signs of non-use of a land plot for its intended purpose."

Now in the State Duma at different stages of consideration there are 8 bills, which are the fruit of the creativity of the legislative assemblies of the constituent entities of the Russian Federation. Basically, they are clarifying legislation in nature and are aimed, in the opinion of the developers, at improving the rights of owners of land shares.

By order of the Government of the Kurgan region dated 28.08.2013 No. 263-r "On the state cadastral valuation of agricultural land", it was decided to conduct the next state cadastral valuation of agricultural land. The last assessment of these lands was approved in 2007. In light of this, of particular interest is the information contained in the annual report on the state of land use in the Kurgan region, sent by the Office of the Rosreestr in the Kurgan region to the Rosreestr.

The lands located within the borders of the Kurgan region constitute the land fund of the region, which as of January 1, 2014 is 7148.8 thousand hectares. The largest area in the structure of the land fund of the Kurgan region is occupied by agricultural land - 63.3%, forest land accounts for 25.3%, land of settlements - 7.9%, reserve land - 2.0% and other categories less than by 1 %.

Agricultural land is land designated and provided for the needs of agriculture outside the settlements. Lands of this category are provided to agricultural enterprises, organizations for agricultural production, research and educational purposes, as well as citizens for running a peasant (farm) economy, personal subsidiary farming, gardening, truck farming, animal husbandry, haymaking and cattle grazing.

The total area of \u200b\u200bagricultural land as of January 1, 2014 was 4529.6 thousand hectares (since 2009, there has been no change in the area of \u200b\u200bthis category), including agricultural land 4032.2 thousand hectares (89.0%). The area of \u200b\u200bnon-agricultural land is 497.4 thousand hectares (11.0%). Arable land (57.4%), pastures (18.5%) and hayfields (12.7%) occupy a significant place in the structure of agricultural land.

On agricultural land, enterprises and organizations use 2,584.9 thousand hectares (including 1116.9 thousand hectares - land of liquidated agricultural organizations, on which the issue of terminating the right to land has not been resolved), peasant farms occupy an area of \u200b\u200b319.8 thousand hectares. hectares, personal subsidiary plots - 220.3 thousand hectares, gardening partnerships - 9.8 thousand hectares, land provided for animal husbandry, haymaking and grazing - 5.6 thousand hectares, owners of land plots received on account of land shares - 289.6 thousand hectares, owners of land shares who have not concluded lease agreements with enterprises - 874.8 thousand hectares, individual entrepreneurs - 24.8 thousand hectares.

In 2013, the area of \u200b\u200bland in common shared ownership and leased out to enterprises, organizations and individuals amounted to 1,489.4 thousand hectares. The area of \u200b\u200bland owned by legal entities is 233.4 thousand hectares and increased by 16.1 thousand hectares due to the purchased land shares. At the same time, there are many formed land plots of common shared ownership, put on the cadastral register, with unregistered rights and, therefore, not legally leased out.

Since 2000, the area of \u200b\u200bagricultural land has remained practically constant, this is due to the fact that due to the lack of funds for new surveys and surveys, updating of cartographic materials is not carried out, in this regard, to assess the area of \u200b\u200bagricultural land withdrawn from circulation due to their overgrowth with shrubs and small forests is not possible, but this area is very significant.

The main users of agricultural land are agricultural enterprises, organizations, as well as citizens engaged in the production of agricultural products. In total, they used 3697.7 thousand hectares or 82.9% of the area of \u200b\u200bagricultural land available in the region. The distribution of the used area of \u200b\u200bagricultural land between enterprises and citizens is 56.3% and 43.7%, respectively.

As of January 1, 2014, in the category of agricultural land, the share of privately owned land amounted to 3178.2 thousand hectares, 98.5% of the total area of \u200b\u200bprivately owned land. Agricultural land owned by citizens is 2946.7 thousand hectares, in the ownership of legal entities - 231.5 thousand hectares.

The largest part of the area of \u200b\u200bprivately owned land in this category of land belongs to the land shares of citizens - 80.2% (2363.2 thousand hectares). In personal subsidiary plots, 6.1% (180.8 thousand hectares) of the area of \u200b\u200bland of private property of the category is owned, the owners of land plots received from the land share for agricultural production - 9.8% (288.6 thousand hectares). ha), among peasant farms (entrepreneurs) - 6.1% (179.3 thousand ha).

In the structure of private property, there was a decrease in the area of \u200b\u200bland by 12.5 thousand hectares, including the area of \u200b\u200bland owned by legal entities increased by 16.1 thousand hectares, and in the ownership of citizens decreased by 28.6 thousand hectares. The increase in the area of \u200b\u200bland owned by legal entities is due to the purchase of land shares and land plots from their owners. The decrease in the area of \u200b\u200bland owned by citizens, as already mentioned, is due to the refusal of the owners of land shares from ownership and the sale of land to legal entities.

The main owners of legal entities are peasant (farm) farms that have not undergone re-registration - 36.1% (83.8 thousand hectares) and agricultural enterprises - 69.2% (147.8 thousand hectares). 1351.4 thousand hectares or 29.8% of lands of this category are in state and municipal ownership. The area of \u200b\u200bland plots to which the ownership of the Russian Federation is registered is 144.6 thousand hectares, or 10.7% of the area of \u200b\u200bstate and municipal property, of which 2.9 thousand hectares were transferred for permanent (unlimited) use and 52, 7 thousand hectares - for rent. The rights to land plots owned by the Kurgan region are not registered in the considered category of land. Municipal property rights are registered on an area of \u200b\u200b104.5 thousand hectares, of which 23.6 thousand hectares have been leased.
Regional office.