Article 15 of the Land Code of the Russian Federation ➔ text and comments. Ownership of land by citizens and legal entities.

The process of registering ownership of a municipal land plot

Land cannot but have an owner, and in our country such an owner is most often the state and the municipality. For such land under lease, the Land Code of Russia, as well as federal laws and acts, provide for the possibility of being registered as private property with full rights of disposal and use (sell, lease, gift, inheritance) of such a plot. But for this, ownership must be formalized in accordance with the procedure established by law.

Before talking about registering property, it is at least a good idea for the future owner to know those characteristics that are fundamental to the land plot.

The law (Land Code and State Real Estate Cadastre) determines that the following
are of decisive importance for a land plot and its registration:

Location.
Category of land.
Dimensions (area).
Direction of use.
Assigned cadastral number.

When registering ownership of a municipal plot of land, it is great if you familiarize yourself with some of the nuances in advance - even before you start collecting documents and submitting them to the appropriate authority for further registration of property.

But in any case, before registration you will need the main thing - to collect the necessary information about the plot you are receiving, to figure out what category of land it belongs to. The territorial branch of Rosreestr will definitely help the future owner with this.

The procedure for obtaining and, most importantly, registering a plot of land as property consists of several parts:

Executive survey of the site.
Establishing the boundaries of the site - development of the project and its subsequent approval.
Land surveying of the future site.
Establishment and further formalization of the land development process.
Providing cadastral registration.
Contacting the registration service and directly registering the right being issued.

17. STATE OWNERSHIP OF LAND AND ITS TYPES

State property is land that is not owned by citizens, legal entities or municipalities. The law provides for the division of state ownership of land into federal property, property of constituent entities of the Russian Federation and municipal property, which has not yet been fully implemented.

The right of ownership of land plots in the Russian Federation and its constituent entities arises from the moment of state registration of ownership of land plots. The basis for state registration of property rights is acts of the Government of the Russian Federation on the approval of lists of land plots for which, accordingly, the Russian Federation and the constituent entities of the Russian Federation acquire ownership rights when delimiting state ownership of land, as well as court decisions that have entered into legal force on disputes related to the delimitation of state ownership. land ownership.

Types of state property.

State property in the Russian Federation is considered to be property owned by the Russian Federation (federal property) and property owned by constituent entities of the Russian Federation.

Federally owned

there are land plots: which are recognized as such by federal laws; the right of ownership of the Russian Federation to which arose during the delimitation of state ownership of land; which were acquired by the Russian Federation on the grounds provided for by civil law. Federal ownership may also include land plots that have not been granted private ownership until state ownership of land is demarcated.

Owned by constituent entities of the Russian Federation

there are land plots: which are recognized as such by federal laws; property rights of subjects of the Russian Federation to which arose during the delimitation of state ownership of land; which were acquired by constituent entities of the Russian Federation on the grounds provided for by civil legislation.

Subjects of the Russian Federation may own land plots that are not granted private ownership:

– occupied by real estate owned by constituent entities of the Russian Federation;

– provided to state authorities of the constituent entities of the Russian Federation, state unitary enterprises and government institutions created by state authorities of the constituent entities of the Russian Federation;

– classified as lands of specially protected natural areas of regional significance, forest lands owned by constituent entities of the Russian Federation in accordance with federal laws, lands of the water fund occupied by water bodies owned by constituent entities of the Russian Federation, lands of the land redistribution fund;

– occupied by privatized property that was owned by the constituent entities of the Russian Federation before its privatization.

The rights of the owner on behalf of the Russian Federation and constituent entities of the Russian Federation are exercised by authorized government bodies within the limits of their competence. Before the delimitation of state ownership of land, the disposal of such land plots is carried out by local government bodies, unless otherwise provided by the Land Code of the Russian Federation or the laws of a subject of the Russian Federation.

Plots that are provided for use, lifelong inheritable ownership and lease, which are in state ownership, are owned and used by legal entities and citizens to whom they were provided. The Russian Federation and its constituent entities manage and dispose of such areas.

Table of contents

Methods for registering land ownership

To help future owners, legislation defines several ways to obtain and register ownership of a municipal land plot.

These methods include:

Free registration (some categories of citizens for whom benefits are established can use this method).
Purchase of a municipally owned plot previously leased.
Administrative registration procedure (this includes various types of tenders and auctions).
Judicial procedure for obtaining ownership rights in the event of controversial issues (for example, the end of the lease period).

For certain categories of land, articles of the Land Code establish a simplified procedure for obtaining ownership rights to them (for example, this can be agricultural land in various partnerships or cooperatives).

Land plot and rights to it as part of inheritance

G.A. PISAREV

Pisarev Georgy Anatolyevich, Associate Professor of the Department of Civil Law and Process of the Academy of Law and Management of the Federal Penitentiary Service, Candidate of Legal Sciences.

The article examines the legal regime of land plots owned and held by citizens under other real and obligatory rights, in terms of their inheritance by law and will.

Inheritance is the transfer of the property of the deceased (inheritance) to other persons in the order of universal succession, that is, unchanged as a single whole and at the same moment, unless otherwise follows from the rules of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation) ( Clause 1 of Article 1110 of the Civil Code of the Russian Federation). The object of inheritance, based on its legal definition, is an inheritance, which includes things that belonged to the testator on the day the inheritance was opened, other property, including property rights and obligations, except for those that are inextricably linked with the personality of the testator, as well as rights and obligations , the transfer of which by inheritance is not allowed by the Civil Code of the Russian Federation or other laws (paragraphs 1, 2 of Article 1112 of the Civil Code of the Russian Federation) <1>. This formula of “general” inheritance allows us to make a preliminary conclusion that the inheritance may include things and other property, including property rights to things, therefore, the objects of the inheritance can be both the things themselves and the property rights to them.

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<1> See: Blinkov O.E. Current problems of inheritance law: history, theory and practice // Inheritance law. 2006. N 2. P. 61.

Land plots and rights to them, along with residential premises, bank deposits and vehicles, are the most common objects of inheritance in Russian notarial practice <2>.

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<2> On the inheritance of escheated land plots, see: Karoyan A.G. Inheritance of escheated lands by public legal entities // Inheritance law. 2009. N 1. P. 19 - 21; Blinkov O.E. Inheritance of escheatable property in the member states of the Commonwealth of Independent States and the Baltic States // Legal World. 2007. N 6. P. 65 - 69.

The land plot owned by the testator is included in the inheritance and is inherited on the general basis established by the Civil Code of the Russian Federation, while no special permission is required to accept an inheritance that includes the specified property (Article 1181 of the Civil Code of the Russian Federation). When inheriting a land plot, the surface (soil) layer located within the boundaries of this land plot, water bodies, and plants located on it are also inherited, unless otherwise established by law (Article 1181 of the Civil Code of the Russian Federation).

In the literature one can find the statement that the inheritance of land plots from agricultural lands has a special legal regime <3>. This opinion does not seem entirely correct, since Article 11 of the Federal Law of July 24, 2002 N 101-FZ “On the turnover of agricultural lands” (hereinafter referred to as the Law), called “Inheritance of land plots from agricultural lands”, does not establish any or exceptions from the general procedure for inheriting land plots, but concerns exclusively the consequences of inheriting land plots from agricultural lands. In Art. 11 of the Law prescribes that if the acceptance of an inheritance has led to a violation of the requirements established by Articles 3 and (or) 4 of the Law, the requirements established by Article 5 of the Law are applied to the heirs. In Art. 3 of the Law establishes a limitation on the civil legal capacity of foreign citizens, foreign legal entities, stateless persons, as well as legal entities in the authorized (share) capital of which the share of foreign citizens, foreign legal entities, stateless persons is more than 50%, in terms of rights to land plots from agricultural lands, namely, it is stipulated that such persons can own land plots from agricultural lands only on a lease basis. In paragraph 2 of Art. 4 of the Law stipulates that the maximum size of the total area of agricultural land, which is located on the territory of one municipal district and can be owned by one citizen and (or) one legal entity, is established by the law of a constituent entity of the Russian Federation equal to no less than 10% of the total area of agricultural land, located on the specified territory at the time of provision and (or) acquisition of such land plots. Thus, if inheritance leads to the fact that the owner of a land plot of agricultural land will become a foreign citizen, a foreign legal entity, a stateless person, as well as a legal entity in the authorized (share) capital of which there is a share of foreign citizens, foreign legal entities, persons stateless is more than 50%, or the maximum size of the total area of agricultural land that can belong to one person will be exceeded, the Law imposes the application of the requirements established by Article 5 of the Law. The law obliges such an owner to alienate a land plot from agricultural lands or a share in the right of common ownership of a land plot from agricultural lands within a year from the date of the emergence of ownership of these land plots or the right of ownership of shares in the right of common ownership of a land plot ( clause 1 article 5). As we see, in these cases the law does not prevent the inheritance of land plots or shares in the right of common ownership of a land plot of agricultural land, establishing only legal consequences for the legal result of inheritance, i.e. ownership.

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<3> About this see: Blinkov O.E. Inheritance of land plots from agricultural lands in the CIS and Baltic countries // Inheritance law. 2007. N 2. P. 26 - 30; Blinkov O.E. Special inheritance regimes in the legislation of the CIS member states and the Baltic countries // Civilist. 2007. N 2. P. 73 - 77.

The inheritance also includes the right of lifelong inheritable ownership

a land plot (Article 21 of the Land Code of the Russian Federation (hereinafter referred to as the Land Code of the Russian Federation)), which is inherited on the general basis established by the Civil Code of the Russian Federation, while accepting an inheritance that includes the specified right does not require special permission (Article 1181 of the Civil Code RF) <4>.
The transfer of the right to lifelong inheritable ownership of a land plot by inheritance by civil law is considered as the only way to dispose of a land plot that is under the right of lifelong inheritable ownership (Article 267 of the Civil Code of the Russian Federation). It must be recalled that the right of lifelong inheritable ownership is considered an institution of land law that has been preserved from the Soviet period and was initially designed to compensate to some extent for the lack of private ownership of land by citizens. On the contrary, the right of permanent (indefinite) use
of a land plot is distinguished by a wider range of subjects of this type of legal relationship - these are citizens and organizations that have the rights of a legal entity.

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<4> For details, see: Pisarev G.A. Inheritance of land plots owned by the right of lifelong inheritable ownership // Inheritance law. 2008. N 3. P. 31 - 37; Buryakov V.N. Special types of inheritance of land // Inheritance law. 2008. N 1. P. 36 - 38; Popova L.I. Legal grounds for inheriting the property of a peasant (farm) enterprise // Inheritance law. 2013. N 3. P. 40 - 41.

Based on the norms of civil legislation, it is possible to identify the main similar features of these limited real rights: 1) they represent rights to land plots that already have an owner in the person of state or municipal bodies, but the use of land plots is free; 2) arise from the provisions of the law, and not from contractual and other obligations; 3) are carried out with the simultaneous existence of state or municipal ownership rights to a given land plot, therefore, initial and derivative registration of land rights occurs; 4) the holders of these limited real rights have only the right of ownership and the right to use the land plot; 5) citizens have the right to erect buildings, structures and other real estate on these land plots, acquiring ownership rights to them (Articles 266 and 269 of the Civil Code of the Russian Federation)); 6) the transfer of ownership of a land plot to another subject of public law (for example, the transfer of a land plot from federal ownership to the ownership of a constituent entity of the Russian Federation when delimiting state ownership of land) is not a basis for the termination of limited real rights to a land plot (clause 3 of Article 216 Civil Code of the Russian Federation); 7) legal relations between individual subjects of limited real rights are of an absolute nature; holders of these rights, like any subject of civil legal relations, in accordance with Art. 11 of the Civil Code of the Russian Federation have the right to protection, including from interference by the owner of a land plot if the actions of the owner are carried out in violation of the law.

However, there is one very significant difference between the right of lifelong inheritable possession and the right of permanent (indefinite) use of a land plot. In accordance with Art. 267 of the Civil Code of the Russian Federation, the disposal of a land plot that is in lifelong inheritable possession is not allowed, except in the case of transfer of the right to a land plot by inheritance (Articles 1181 and 1162 of the Civil Code of the Russian Federation). With regard to the right of permanent (indefinite) use of a land plot, the law does not provide for the transfer of this right by inheritance.

Currently, the State Duma of the Federal Assembly of the Russian Federation is considering draft law N 493406-6 “On amendments to Article 1181 of Part Three of the Civil Code of the Russian Federation,” which proposes to amend Article 1181 of Part Three of the Civil Code of the Russian Federation by adding paragraph three with the following content: “The right of permanent (perpetual) use of a land plot belonging to the testator is included in the inheritance and is inherited by law. No special permission is required to accept an inheritance that includes the specified property.”

The reasons for which it is proposed to equalize the legal regime of land plots provided to citizens on the basis of the rights of lifelong inheritable possession and permanent (indefinite) use in terms of their inheritance are determined by the author of the bill not by the similarity of these two limited real rights to land plots, but by the violation of Article 2 of the Russian Constitution Federation, according to which “recognition, observance and protection of the rights and freedoms of man and citizen is the duty of the state”, part 4 of article 35 of the Constitution of the Russian Federation, according to which “the right of inheritance is guaranteed”, the fundamental principles of civil legislation of the Russian Federation (Article 1, paragraph 1 of Article 2 of the Civil Code of the Russian Federation), since within the framework of the legal regime of land plots granted on the right of permanent (perpetual) use, citizens are placed in an unequal position compared to other participants in civil circulation - legal entities.

In accordance with Art. 37 of the now repealed Land Code of the RSFSR, “when the right of ownership of buildings, structures is transferred or when they are transferred to other enterprises, institutions, organizations and citizens, the right to use the land plots also passes along with these objects. At the same time, a new document is issued certifying the right to land.” Based on this document, these citizens can take advantage of the right provided by paragraph 9.1 of Article 3 of the Federal Law of October 25, 2001 N 137-FZ “On the Entry into Force of the Land Code of the Russian Federation” to re-register the right of permanent (perpetual) use of a land plot to ownership.

Currently, in accordance with paragraph 1 of Art. 35 of the Land Code of the Russian Federation “when the ownership of a building, structure, structure located on someone else’s land plot is transferred to another person, he acquires the right to use the corresponding part of the land plot occupied by the building, structure, structure and necessary for their use, on the same conditions and in the same amount as their previous owner" <5>. Consequently, the legal successor of a citizen who owned a land plot with the right of permanent (perpetual) use does not have a legal basis for the right granted by law to freely re-register the right of permanent (perpetual) use of a land plot to the right of ownership in relation to the entire land plot, since his powers are limited to the right to use only part of the land plot on which the property is located.

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<5> See: Amelina N.E. Inheritance of land plots and a simplified procedure for registering ownership of land plots by heirs of individual residential buildings // Inheritance law. 2008. N 1. P. 34 - 36; Elnikova E.V. On succession of rights to a land plot when inheriting residential buildings // Inheritance law. 2007. N 2. P. 30 - 32.

At the same time, paragraph 3 of Art. 268 of the Civil Code of the Russian Federation establishes that “in the event of a reorganization of a legal entity, the right of permanent (indefinite) use of a land plot belonging to it shall be transferred in accordance with the procedure of legal succession.” However, this procedure for succession does not apply to individuals who do not have the status of an individual entrepreneur. Thus, in violation of Article 2 of the Constitution of the Russian Federation, according to which “the recognition, observance and protection of the rights and freedoms of man and citizen is the duty of the state”, Part 4 of Article 35 of the Constitution of the Russian Federation, according to which “the right of inheritance is guaranteed”, the fundamental principles civil legislation of the Russian Federation (Article 1, paragraph 1 of Article 2 of the Civil Code of the Russian Federation), citizens are placed in an unequal position compared to other participants in civil circulation - legal entities.

If the inheritance of a land plot that belonged to a citizen with the right of permanent (perpetual) use will occur in the order of universal succession, i.e. by law and not by will, this will not be considered an act of disposition on the part of the testator. Therefore, it is proposed to make appropriate changes to Art. 1181 Civil Code of the Russian Federation. Inheritance by law must be the legal basis for the right granted by law to re-register the right of permanent (perpetual) use to the right of ownership of a land plot or to apply such a method of protection as recognition of ownership of a land plot in the event of refusal by state or municipal authorities to such re-registration .

The inheritance also includes the right to rent

land plot. According to paragraph 2 of Art. 617 of the Civil Code of the Russian Federation “Keeping the lease agreement in force when the parties change” in the event of the death of a citizen renting real estate, his rights and obligations under the lease agreement pass to the heir, unless otherwise provided by law or agreement, while the lessor has no right to refuse such heir entering into an agreement for the remaining term of its validity, with the exception of cases where the conclusion of the agreement was conditioned by the personal qualities of the tenant. Clause 1 of Art. 46 of the Land Code of the Russian Federation establishes that the lease of a land plot is terminated on the grounds and in the manner provided for by civil legislation; therefore, land legislation does not establish a ban on inheriting the right to lease a land plot.

Among the rights to land plots established by Russian legislation, the right to free use

land plot, which is of a contractual nature. When providing a land plot that is in state or municipal ownership for free use, an agreement for the free use of the land plot is concluded by the citizen with the authorized body, and in the case provided for by law, with the organization to which the land plot that is in state or municipal ownership is provided for permanent (indefinite) use (Clause 1, Article 39.10 of the Land Code of the Russian Federation). Land plots in state or municipal ownership may be provided for free use:

1) in the form of official allotments to employees for the term of the employment contract concluded between the employee and the organization;

2) for running a personal subsidiary plot or for a peasant (farmer) farm to carry out its activities in municipalities determined by the law of a constituent entity of the Russian Federation, for a period of no more than six years;

3) for individual housing construction or running personal subsidiary plots in municipalities determined by the law of a constituent entity of the Russian Federation, to citizens who work at their main place of work in such municipalities in specialties established by the law of a constituent entity of the Russian Federation, for a period of no more than six years;

4) to a citizen, if on the land plot there is a service residential premises in the form of a residential building, provided to this citizen for the period of the right to use such residential premises;

5) citizens for the purpose of carrying out agricultural activities (including beekeeping) for their own needs in forest areas for a period of no more than five years;

6) citizens for agricultural, hunting, forestry and other uses that do not involve the construction of buildings and structures, if such land plots are included in the list of land plots approved in accordance with the procedure established by the Government of the Russian Federation, provided for defense and security needs and temporarily not used for these needs , for a period of no more than five years;

7) persons belonging to the indigenous peoples of the North, Siberia and the Far East of the Russian Federation, in places of traditional residence and traditional economic activities for the placement of buildings and structures necessary for the purpose of preserving and developing the traditional way of life, economic management and crafts of the indigenous peoples of the North, Siberia and the Far East of the Russian Federation, for a period of no more than ten years;

a person whose right to gratuitous use of a land plot in state or municipal ownership has been terminated in connection with the seizure of a land plot for state or municipal needs, in exchange for the seized land plot for the period established by this paragraph, depending on the basis for the emergence of the right to gratuitous use of the seized land plot;

9) a person who has the right to conclude an agreement for the gratuitous use of a land plot, in the case and in the manner provided for by Federal Law No. 161-FZ of July 24, 2008 “On promoting the development of housing construction” (clause 2 of Article 39.10 of the Land Code of the Russian Federation) .

The above-mentioned grounds for granting a land plot in state or municipal ownership for free use indicate that the conclusion of an agreement for the free use of a land plot is determined by the personal qualities of the user, therefore, by inheritance, the right to free use of a land plot is not transferred. If a contract for gratuitous use is concluded in relation to a land plot that is not in state or municipal ownership, then in this case the right to gratuitous use does not pass by inheritance, since Art. 701 of the Civil Code of the Russian Federation categorically establishes that a contract for gratuitous use is terminated in the event of the death of the citizen-borrower, unless otherwise provided by the contract. Thus, only in the case expressly provided for by the contract, the right to free use of a land plot can be transferred by inheritance.

Literature

1. Amelina N.E. Inheritance of land plots and a simplified procedure for registering ownership of land plots by heirs of individual residential buildings // Inheritance law. 2008. N 1. P. 34 - 36.

2. Blinkov O.E. Current problems of inheritance law: history, theory and practice // Inheritance law. 2006. N 2. P. 61 - 63.

3. Blinkov O.E. Inheritance of escheatable property in the member states of the Commonwealth of Independent States and the Baltic States // Legal World. 2007. N 6. P. 65 - 69.

4. Blinkov O.E. Inheritance of land plots from agricultural lands in the CIS and Baltic countries // Inheritance law. 2007. N 2. P. 26 - 30.

5. Blinkov O.E. Special inheritance regimes in the legislation of the CIS member states and the Baltic countries // Civilist. 2007. N 2. P. 73 - 77.

6. Buryakov V.N. Special types of inheritance of land // Inheritance law. 2008. N 1. P. 36 - 38.

7. Elnikova E.V. On succession of rights to a land plot when inheriting residential buildings // Inheritance law. 2007. N 2. P. 30 - 32.

8. Karoyan A.G. Inheritance of escheated lands by public legal entities // Inheritance law. 2009. N 1. P. 19 - 21.

9. Pisarev G.A. Inheritance of land plots owned by the right of lifelong inheritable ownership // Inheritance law. 2008. N 3. P. 31 - 37.

10. Popova L.I. Legal grounds for inheriting the property of a peasant (farm) enterprise // Inheritance law. 2013. N 3. P. 40 - 41.

Source: INHERITANCE LAW magazine

Commentary on Article 15 of the Land Code of the Russian Federation

1. The Land Code establishes the basic provisions on land ownership in the Russian Federation, including subjects, objects of ownership, grounds and procedure for the emergence, implementation and termination of ownership.

Article 15 of the Code is devoted to private ownership of land as one of the forms of property that is equally recognized and protected in the Russian Federation (Part 2 of Article 8 of the Constitution of the Russian Federation). The objects of land legal relations are named in Art. 6 Land Code of the Russian Federation. Of all the objects listed in this article, paragraph 1 of the commented article named only a land plot as an object of private property rights. The Civil Code (Article 261) specifically addresses the definition of a land plot as an object of ownership. According to this article, unless otherwise provided by law, the right of ownership of a land plot extends to the surface (soil) layer and water bodies located within the boundaries of this plot, and the plants located on it. The owner of a land plot has the right to use, at his own discretion, everything that is above and below the surface of this plot, unless otherwise provided by laws on subsoil, on the use of air space, other laws and does not violate the rights of other persons.

According to paragraph 1 of the commented article, the grounds for the emergence of private property rights can be established by the legislation of the Russian Federation. In legislative normative legal acts, the legislation of the Russian Federation means federal legislation.

2. Based on the provisions of Art. 36 of the Constitution of the Russian Federation, ownership, use and disposal of land and other natural resources are carried out by their owners freely, if this does not cause damage to the environment and does not violate the rights and legitimate interests of other persons.

The conditions and procedure for using land are determined on the basis of federal law.

Citizens with legal capacity and full legal capacity have the right to acquire land ownership independently. The acquisition of land plots into the ownership of incapacitated or partially capable citizens is carried out in the manner established by the Civil Code of the Russian Federation.

The content of the legal capacity of citizens is established by Art. 18 Civil Code of the Russian Federation. According to this article, citizens may own property; inherit and bequeath property; engage in business and any other activity not prohibited by law; make any transactions that do not contradict the law and participate in obligations; have other property and personal non-property rights. The ability to have civil rights and bear responsibilities (civil capacity) is recognized equally for all citizens. The legal capacity of a citizen arises at the moment of his birth and ends with death (Article 17 of the Civil Code of the Russian Federation).

In accordance with Art. 21 of the Civil Code of the Russian Federation, the legal capacity of a citizen is the ability to acquire and exercise civil rights through his actions, create civil responsibilities for himself and fulfill them. Civil capacity arises in full with the onset of adulthood, i.e. upon reaching the age of 18.

Article 260 of the Civil Code of the Russian Federation establishes general provisions on the ownership rights of citizens to land. Namely, persons who own a plot of land have the right to sell it, donate it, pledge it or lease it and otherwise dispose of it insofar as the relevant lands are not excluded from circulation or limited in circulation on the basis of law.

On the basis of the law and in the manner established by it, lands for agricultural and other purposes are determined, the use of which for other purposes is not permitted or limited. The use of a land plot classified as such land may be carried out within the limits determined by its purpose.

Restrictions on the provision of land plots into the ownership of citizens or legal entities are based primarily on the provisions of Art. 27 of the Land Code of the Russian Federation (see commentary to it). The content of restrictions on the circulation of land plots is established by the Code and other federal laws. Such laws, for example, include the Federal Law “On the Privatization of State and Municipal Property,” which prohibits the purchase of land plots under buildings and structures that are prohibited from privatization.

3. The list of border territories in which foreign citizens cannot acquire land plots of ownership has not currently been established.

The constitutionality of this norm was the subject of Resolution of the Constitutional Court of the Russian Federation of April 23, 2004 No. 8-P, which confirmed the compliance of clause 3 of the commented norm with the Constitution of the Russian Federation.

The content of the concept of “border territories” is determined according to the rules of Art. 3 of the Law of the Russian Federation of April 1, 1993 “On the State Border of the Russian Federation.”

In addition to border territories, foreigners and stateless persons cannot own land plots in “other specially established territories” in cases provided for by federal laws. For example, in accordance with Art. 3 of the Federal Law of July 24, 2002 “On the turnover of agricultural land” foreign citizens, foreign legal entities, stateless persons, as well as legal entities in the authorized (share) capital of which there is a share of foreign citizens, foreign legal entities, stateless persons is more than 50%, can own land plots from agricultural lands only on a lease basis.

As for the use of natural resources located within the boundaries of the land plot, the owner of the plot has the right to use them on the basis of certain rights in accordance with Art. 40 Land Code of the Russian Federation.