Federal Law of July 17, 2001 N 101-FZ “On the delimitation of state ownership of land”

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Published: 06/21/2017

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All land plots in the Russian Federation are either privately owned by individuals or legal entities, or owned by the state.

State lands are divided into federal, regional and municipal (city) under a special procedure called the delimitation of state land ownership.

• The concept of federal property
• Legislation
• Reasons for occurrence
• Federally owned lands
• Procedure for delimiting federal ownership of land
• The procedure for transferring land from federal to municipal ownership
• If it is necessary to carry out boundary work to form the boundaries of the site
• Transfer Features

General and specific grounds for the emergence of federal ownership of land

The legal regime of land plots in federal ownership is regulated by Art. 17 of the Land Code of the Russian Federation. In particular, this legal norm establishes the grounds for the emergence of ownership of land located in the federal department.

Thus, federal lands include:

• areas that are recognized as such in accordance with federal laws;
• plots owned by the Russian state, which became possible after the delimitation of state lands into various categories;
• plots of land that were acquired by the Russian Federation taking into account the rules and on the grounds provided for by the legislation of the Russian Federation.

However, there are also certain specific grounds (rules) that determine the process of the emergence of federal ownership of land. Such expropriation occurs in two main ways:

• The Russian Federation may begin a process that involves the seizure of land plots owned by private individuals. Such a mechanism is a fairly clear and illustrative example of how a site is transferred from municipal or private property of citizens to federal property. At the same time, the right to forcibly withdraw a land plot to meet municipal or state needs is exercised through redemption, which is provided for in Art. 279 of the Civil Code of the Russian Federation.
• Nationalization of land is the second way in which federal ownership of land arises. According to paragraphs of Art. 235 of the Civil Code of the Russian Federation, the conditions and procedure for such confiscation of property from citizens imply compensation payment (redemption) of the cost of the site together with when the resolution is published, as well as compensation for any additional costs.

It should be understood that the nationalization of land and the purchase of plots from citizens in order to meet state needs do not represent the same process, despite the fact that any procedure is carried out with further compensation for financial losses.

The object of state property rights is not land plots, but lands. In this case, recognition of the location of land in state ownership does not require the formation of land plots.

Norms art. 16 of the Land Code can be correlated with the provisions of the Russian Federation on the right of state property. So, even before the adoption of Art. 214 of the Civil Code of the Russian Federation, it was determined that land and other natural resources that are not owned by citizens, legal entities or municipalities are state property. The same article of the Civil Code of the Russian Federation establishes that state property in the Russian Federation is property owned by the Russian Federation (federal property), and property owned by the subjects of the Russian Federation - republics, territories, regions, cities of federal significance, autonomous regions, autonomous okrugs (property of a constituent entity of the Russian Federation). This provision is consistent with the provisions of Art. Art. 17, Land Code of the Russian Federation, according to which state ownership of land appears in the form of federal property and property of constituent entities of the Russian Federation. At the same time, the Russian Federation has a number of provisions that define the legal regime of state-owned lands, without assigning them to the Russian Federation or constituent entities of the Russian Federation. Land legislation establishes norms not only on the procedure for delimiting such state property into federal and constituent entities of the Russian Federation, but also on the management and disposal of lands (Article 9 - Land Code of the Russian Federation, Federal Law on the implementation of the Land Code of the Russian Federation and commentary thereto).

Subjects, state authorities or local government bodies that manage and dispose of state-owned lands are determined in accordance with Art. 29 of the Land Code of the Russian Federation, the norms of the Federal Law on the implementation of the Land Code of the Russian Federation, as well as the laws of the constituent entities of the Russian Federation, regulatory legal acts of local governments, by-laws establishing specific powers of state authorities and local governments to manage and dispose of lands.

2. The delimitation of state property is the procedure established by federal laws for assigning lands to federal ownership, the property of constituent entities of the Russian Federation and municipalities. Currently, the delimitation of state ownership of land is carried out on the basis of Art. Art. 17 - Land Code of the Russian Federation, as well as articles of the Federal Law on the entry into force of the Land Code of the Russian Federation (see commentary to it).

Federal Law of April 17, 2006 N 53-FZ “On Amendments to the Land Code of the Russian Federation”, Federal Law “On the Entry into Force of the Land Code of the Russian Federation”, Federal Law “On State Registration of Rights to Real Estate and Transactions with It” and recognition as invalid of certain provisions of legislative acts of the Russian Federation”, a new system of relations was established to regulate relations between the delimitation of state ownership of land, which replaced the Federal Law “On the delimitation of state ownership of land” (recognized as invalid since July 1, 2006) .

New wording of paragraph 2 of Art. 16 of the Code is voluminous in content and allows it to be interpreted broadly: the delimitation of state ownership of land has been carried out since July 1, 2006 in accordance with the Code and any federal law relating to the sphere of land and related civil law relations arising in connection with:

with the emergence of ownership rights in the Russian Federation, constituent entities of the Federation and municipalities to land plots when delineating state ownership of land;

with the determination of the grounds for including land plots in the list of land plots for which the named entities acquire ownership rights;

with the establishment of a procedure for delimiting state ownership of land, as well as a procedure for resolving disputes in this area.

The right of ownership of land plots in the Russian Federation and the constituent entities of the Federation arises from the moment of state registration of ownership of land plots in accordance with the legislation of the Russian Federation.

On this matter, in connection with numerous issues arising in judicial practice, and in order to ensure uniform approaches to their resolution, the Plenum of the Supreme Arbitration Court of the Russian Federation gave clarifications that it is advisable to take into account in practical activities. According to Art. Art. 6 and the Federal Law of July 21, 1997 “On state registration of rights to real estate and transactions with it” state registration of the transfer of rights to an object of real estate, its restrictions (encumbrances) or a transaction with an object of real estate is possible subject to prior state registration arising rights to this object in the Unified State Register of Rights to Real Estate and Transactions with It.

At the same time, according to paragraph 10 of Art. 3 of the Introductory Law, before the delimitation of state ownership of land, state registration of state ownership of land for the disposal of state-owned lands is not required.

Therefore, when resolving disputes related to the state registration of the transfer of ownership of land plots from state lands during their alienation, state registration of encumbrances (restrictions) on the right of state ownership of land plots and transactions with such land plots, it should be taken into account that the specified state registration is carried out without state registration in the Unified State Register of Rights to Real Estate and Transactions with It of a previously arisen right of state ownership of a land plot.

At the same time, before delimiting state ownership of land, it is necessary to proceed from the fact that the corresponding land plot is in state ownership (clause 2 of Article 214 of the Civil Code of the Russian Federation).

The basis for state registration of ownership of land plots are acts of the Government of the Russian Federation on the approval of lists of land plots for which, respectively, the Russian Federation, the constituent entities of the Federation and municipalities acquire ownership rights when delimiting state ownership of land, as well as court decisions on disputes that have entered into legal force related to the delimitation of state ownership of land/

Chief specialist - expert, state registrar N.S. Stukalova

Seizure of a land plot from the owner for state or municipal needs through redemption

The procedure for the seizure of land owned by ordinary citizens to meet state and municipal needs is regulated by the Land Code of the Russian Federation. Redemption is one of the most popular legal mechanisms for such seizure. However, the law states that the purchase of land for state and municipal needs is carried out only in exceptional cases, which makes it possible to protect the interests of ordinary citizens.

The purchase of land plots for state or municipal needs occurs if an order from the executive body is received.

Moreover, such a decision can be made by both executive bodies at the federal and regional levels. At the same time, local authorities do not have such a right, therefore, in order to make a purchase for municipal needs, local authorities must turn to higher authorities.

Legal practice aimed at purchasing land plots for the needs of the state, as a rule, involves the simultaneous transfer of ownership rights to a third party. At the preparatory stage of seizure after the emergence of state and municipal needs, the participation of citizens, i.e. owners of the site is a prerequisite for the transaction. If this order is violated, the owner may seek protection of his rights in court.

Next, the procedure for direct seizure of land is carried out, when a person receives a ransom for the lost property.

Transfer Features

The main feature of the transfer of land into municipal ownership is the primacy of federal laws in determining the competence of the transfer over the laws of municipalities and federal subjects.

Federal land plots are transferred to municipalities exclusively on the principles of free of charge and taking into account targeted programs at the regional and all-Russian levels.

If a refusal was received due to the impossibility of transferring this plot, then such a refusal is legal (clause 2 of Article 39.30 of the Land Code of the Russian Federation) only if the application indicates the plot located in:

• Lands of authorities and government institutions;
• Lands of federal government enterprises;
• Lands of state non-profit structures in the presence of buildings belonging to such structures;
• Specially protected lands and forest lands;
• Lands of special economic zones;
• Lands occupied by strategically important objects;
• Lands transferred to the subjects of the Russian Federation;
• State reserved lands.

It is important to remember that the absence of a plot on the cadastral map of the area cannot be the reason for refusal to provide it, in accordance with clause 8 of Art. 39.31 Land Code of the Russian Federation.

According to paragraph 10 of Art. 39.31 of the Land Code of the Russian Federation, the decision of the federal department to transfer a land plot to the ownership of the municipality is the legal basis for financing cadastral work to determine boundaries:

• From the municipal budget;
• From the regional budget.

The choice of source of financing is determined by the legislation of the subject, if not directly indicated in the text of the decision on the transfer.

So, federal ownership of land is regulated by federal laws and regulations of the Russian government.

Federal land holdings are formed by delimiting non-demarcated state lands, and can, in turn, be transferred to the ownership of regional authorities or municipalities. The transfer of land from federal ownership is carried out exclusively at the level of departments of the government of the Russian Federation.

Procedure for seizure of land

The procedure and legislative procedure for the seizure of land from citizens are enshrined in land legislation and imply compliance with several key stages (carried out in accordance with Articles 279-281 of the Civil Code of the Russian Federation):

• Once a decision is made to confiscate land owned by citizens for state or municipal needs, government agencies must send a written notification to the owner no later than 1 year before the repurchase takes place.
• The rules and procedure for the seizure of land ownership provide for separate guarantees for citizens, implying that within a specified period after the resolution is received, the plot cannot be seized without the will of the subject of legal relations, whatever the reasons for the emergence of state needs.
• Next, the price bidding procedure takes place: government agencies and the owner of the plot set a ransom price for the land of interest.

If the owner of a land plot believes that such a right of government agencies to seize property is illegal, regardless of the reason for its occurrence, then he can appeal to the court on the basis of Chapter. 24 Arbitration Procedure Code of the Russian Federation and Ch. 25 Code of Civil Procedure of the Russian Federation.

Grounds for seizure of land

The grounds and conditions necessary for the seizure of land plots are exhaustive and are enshrined in Art. 49 RF Land Code:

• the transfer of land for state needs occurs if in this way the Russian Federation can solve its problems with fulfilling international obligations
• transfer of plots from private to state ownership occurs in cases where it is necessary to locate a state facility, but there are no other options for construction
• after the occurrence of circumstances established by federal legislation, the procedure for the redemption of territories may begin.

However, the regulatory legal act of the Russian Federation provides for cases when the transfer of land is impossible, even if the conditions listed above are met:

• lands that are located on the territory of specially protected zones cannot be subject to seizure, since they have a special legal regime for their use (Article 93 of the Land Code of the Russian Federation);
• lands of forest areas that belong to the first group (Article 101 of the Land Code of the Russian Federation).

Such restriction conditions are necessary to ensure that the interests of protecting forest, nature reserve and agricultural areas are respected.

Forced seizure of land

Land law and legislation provide for cases when there is a forced seizure of land from citizens for municipal or state needs. This process is regulated by the Civil Code of the Russian Federation, namely Art. 235 of the Civil Code of the Russian Federation, which provides an exhaustive list of the grounds for such legal actions.

• land plots subject to seizure are primarily agricultural areas that were not used for their intended purpose;
• land plots subject to seizure are also territories that are alienated due to the owner’s violation of the grounds of the contract, for example, in case of non-payment of a loan;
• land plots subject to seizure are territories that are necessary to meet the needs of civil defense.

At the same time, the legislation provides for the main types of forced seizure of land:

• The obligatory basis for the alienation of land if the owner violates the terms of the agreement (primarily a credit agreement) is a decision of a judicial authority, which must come into force. If a citizen does not comply with a court decision, then enforcement proceedings are initiated. In other words, transfer from private property occurs through collection by bailiffs on the basis of a writ of execution.
• Requisition is a procedure for the forced seizure of land property, which is carried out during emergency situations. In this case, the forced alienation of land is temporary and is aimed at protecting civil interests, life and health of people as a result of natural and man-made disasters.
• Confiscation is a process when land plots subject to seizure are alienated in favor of the state due to administrative violations or criminal offenses. Seizure is carried out on the basis of a court decision.

Legal practice has repeatedly recorded cases where citizens blocked the forced seizure of land plots. The main reason for such precedents is the adoption of a decision on the alienation of land by municipalities in violation of the rule that municipalities must apply in such cases to higher executive authorities.

Nationalization as a way to acquire land into federal ownership

Land nationalization is an independent mechanism for the seizure of private landholdings into federal ownership.

Nationalization of land is regulated by Art. 235 of the Civil Code of the Russian Federation.

If we turn to civil law, the concept of “nationalization of land” or other property is one of the most poorly developed categories of law. There are several definitions of this concept in the literature; we will announce only one of them.

Nationalization is a government act created legally, aimed at the forced termination of private property rights and the transfer of property into federal ownership in order to provide conditions for the functioning of a particular public sector.

This definition allows us to derive the following distinctive features of nationalization:

• a state-volitional act, in other words, nationalization of lands is possible only by authorized representatives of executive authorities (Article 35 of the Constitution of the Russian Federation).
• legal act: nationalization of land is possible only if the law is observed. Otherwise, any actions will be recognized as violence and coercion on the part of government authorities, despite the reasons for the need.
• compulsory act: it is impossible to challenge the need for nationalization, but facts of a decrease in the size of property should not be noted.
• compensatory act: nationalization of land should occur only on the basis of an equivalent payment to the owner of the fair value of the land plot. Otherwise, the nationalization of land will be recognized as an illegal action by the executive authorities.

Who carries out the process of managing federal property?

Typically, the management of this property is carried out by the competent authorities. These include: the government of the Russian Federation, the federal property fund, citizens working in the Federal Treasury, as well as citizens managing the income and expenses of the budget of the Russian Federation.

It should be noted that it is possible to introduce federal property into civil circulation by recording its property resources. This is usually carried out in a certain order and by unitary enterprises that operate on the basis of economic ownership. It should be noted that it is necessary to ensure that all conditions are met.

Thus, objects that, according to current regulations, are considered only federal property are:

• Items that constitute the national wealth of the country;
• Items that are in the field of activity of federal authorities;
• Facilities related to defense production and industries supporting the activities of the national economy;

Objects classified as federal property that can be transferred to private ownership include:

• All areas of the national economy that, according to the law, occupy leading positions in the market;
• Large objects of the national economy;
• Objects of nuclear and mechanical structure;
• Republic-wide construction zones and ensuring the production of building materials;
• Objects related to television, radio;
• Printing services;
• Various publishing houses, information resources, telegraph services;
• Ministry of Health and Education of the People, as well as Culture and Sports.

Transfer of land from federal to municipal ownership

Municipal bodies have the right to apply to higher levels of executive power for the transfer of a certain territory into municipal ownership in order to solve certain problems and tasks.

The transfer of land plots from federal to municipal ownership occurs free of charge.

This rule is enshrined in Art. 39.31 of the current Land Code of the Russian Federation.

In this case, the procedure begins with the receipt by executive authorities of an application from the head of the municipality, for which a new allotment is required. If the land plot is registered with the state, then along with the application for transfer of territories under federal ownership, it is necessary to attach documents indicating the cadastral number of the plots of interest. If the site is just being formed, land surveying documents must be included.

The federal body, after receiving an application from the municipality, is obliged to publish a resolution within one month stating that the transfer of property is taking place, or make a decision to refuse the alienation of plots owned by the Russian Federation.

Author of the article

If it is necessary to carry out boundary work to form the boundaries of the site

The decision to carry out such work (step 4) is made simultaneously with the decision to provide the site to the municipality (step 3), in accordance with clause 9 of Art. 39.31 Land Code of the Russian Federation.

The application must be submitted by the head of the municipality or his deputy, in accordance with paragraph 1 of Art. 39.31 Land Code of the Russian Federation.

The application must contain information:

• On the purposes of land transfer;
• About the cadastral number of the plot;
• About the municipal formation.

In case of refusal, the head of the municipality must be provided with reasons in writing. A refusal can be obtained in accordance with clause 7 of Art. 39.31 of the Land Code of the Russian Federation, in the following cases:

If the plot indicated in the application is not transferable;

• The application does not contain the cadastral number of the plot, coupled with the lack of a diagram of its location;
• The site has already been demarcated into another type of state property;
• The provided diagram does not meet the department's requirements.

There is no cadastral number when the plot is not formed; in this case, you must attach a diagram on the basis of which cadastral work will be carried out to determine the boundaries.

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