Land ownership concept

Characteristic[ | ]

The very concept of this complex word is the totality of all cases when land ownership is not separated from the right to land ownership. Depending on the specific historical form of land ownership, large, medium and small landownership are distinguished, which are characterized by different legal regimes. In Tsarist Russia, land ownership of the treasury, appanage land ownership, land ownership of churches, monasteries, cities, towns, other institutions and legal entities (societies and companies), private landownership (noble) landownership, communal, private and allotment landownership of peasants, private landownership of manufacturers and merchants were distinguished. , townspeople and other persons. Speaking about other countries, in Ethiopia, for example, the sole owner of all lands is the emperor. He also owns all taxes and taxes on the land; and all land, in turn, is divided into 4 types (depending on the nature of ownership): crown lands (imperial or state), church, communal and privately owned.

Right to income and fruits

Regulatory acts provide for the right of the owner of a land plot to sow and plant agricultural plants. The owner also has the right to sell the received products. Exceptions are cases when the land is transferred for lifelong inheritable ownership or gratuitous urgent use. It is prohibited to receive income from sales if the site is leased - in this case, the second user receives the right to sell the products.

History of land ownership in Russia[ | ]

Sovereign estates and estates[ | ]

The landholdings of the reigning emperor as the head of the Imperial House were managed by the appanage department, which was the largest landowner in the Russian Empire after the treasury. Appanage estates in 1797 had an area of ​​about 4 million dessiatinas, in 1863 - about 10 million dessiatinas, in 1897 - about 8 million dessiatinas, which accounted for 2% of the total land area of ​​fifty provinces of European Russia[1] .

Noble land ownership[ | ]

Pre-Petrine era

Traditional for Russian society was the principle of supreme state ownership of land. Until the mid-17th century, only patrimonial owners had the right to own land[2], although for them there were restrictions on the right to alienate patrimonial property from the clan. The right to dispose of the estate was assigned to the entire clan, individual representatives of which were granted only the right to use and own [3]. There were, in addition, granted estates, given for length of service[4]. At the end of the 15th century, a local form of land ownership arose in Russia. Estates were granted only for service and on the condition of service without the right to dispose of them. In the 2nd half of the 16th century, the principle was established in Russia: “There is no land without service.” In the 17th century, estates already occupied about 80% of all lands of the Russian state. The cathedral code of 1649 expanded the right of ownership of the estate: the landowner retained the right to part of the land after his resignation and in the event of death, that is, the estate acquired a hereditary character, becoming closer to the patrimony[5][6]. Estates could be sold into votchina by personal decree[7].

Post-Petrine era

On March 23, 1714, Peter I issued a decree “On the procedure of inheritance in movable and immovable property (On single inheritance),” which led to the legal merger of estates and estates, extending the principle of inheritance to the latter. Thus, the last differences between estates and votchinas were eliminated, and a uniform procedure for their disposal was established, but subject to the service of the landowner or when he was in legal retirement. Anna Ioannovna's decree of March 17, 1731 introduced a single name for estates and estates - real estate, estate. The same decree abolished primogeniture and restored inheritance in accordance with the Council Code of 1649, and the family estate passed only to the heirs by law, and not to strangers. The Manifesto on the Freedom of the Nobility of Peter III, promulgated on February 18, 1762, confirmed the right of the nobles to estates, that is, it consolidated the elimination of the conditional nature of landownership, turning it into unconditional property[8]. The “Charter Granted to the Nobility”, issued after the Manifesto on the freedom of the nobility, dated April 21, 1785, formulated the difference between hereditary and acquired estates: the former could only be disposed of in accordance with the law, which prohibited the alienation of family estates from the clan by will or donation, the latter was considered to be in full ownership acquirer[9]. In 1791, childless landowners received the right to complete freedom of disposal of their (family) estate.

Peasant land ownership[ | ]

In long-term, actual unlimited use of peasants there were plots that were formally the property of landowners, the state or an appanage department. Forests, water and subsoil were usually not included in the allotment. The size of the plots was such as to meet the needs of the economy, including the fulfillment of peasant duties to the owner of the land (for example, payment of quitrents)[10]. Since the 1860s, allotments began to belong to a peasant community or rural society, from which the peasants received (only for male “souls”) land for individual use. As a result of the Stolypin agrarian reform of 1906, plots began to be assigned to peasants as private property[11].

In 1877–1878, the state owned 38.5% of the land in Russia, 33.6% was owned by peasant communities, 23.8% was owned by private owners, the rest was distributed among estates, institutions and legal entities[12].

Soviet period[ | ]

Decree on land from November 8 to present. Art. 1917 proclaimed the nationalization of (landowner) land and the abolition of private ownership of land. However, it was noted that the lands of ordinary peasants and ordinary Cossacks were not confiscated. According to this decree, the land passed to the disposal of volost land committees and district Soviets of Peasants' Deputies.

Whose property is the public land of the gardening non-profit partnership

Whose property is the public land SNT

It is known from the media that many local administrations, in particular municipal administrations, manage the public land of members of gardening non-profit partnerships. Right, is this legal? This question is not at all idle or petty. Land has always been and is today the subject of speculation and corruption.

Until December 27, 1991, land in Russia was public property.

12/27/1991 President of the Russian Federation B.N. Yeltsin issued decree No. 323 “On urgent measures to implement land reform in the RSFSR.”

In 1992, local administrations, in pursuance of this decree, by their resolutions secured (precisely assigned, and did not re-allocate) the ownership of existing land plots in gardening partnerships and issued a standard document, which was called “Certificate of ownership of land for perpetual (permanent) use earth." Such certificates were issued to all members of gardening partnerships according to the submitted lists from gardening partnerships to local administrations on their individual land plots and to legal entities, chairmen of the boards of these gardening partnerships on collective public land.

Subsequently, many laws were adopted on property ownership, including land, in particular the Land Code of the Russian Federation of October 25, 2001. All laws, norms and rules are systematically and regularly supplemented, changed and mainly in the interests of the ruling bureaucracy. Various land relations organizations were created, liquidated, and renamed. But local administrations in a number of regions have managed and continue to manage the common use land of members of gardening partnerships today.

According to the current Constitution of the Russian Federation, Article 8, paragraph 2. “In the Russian Federation, private, state, municipal and other forms of property are recognized and protected equally. Article 9, paragraph 2 “Land and other natural resources may be in private, state, municipal and other forms of ownership.”

Question.

What form of ownership does the public land of horticultural non-profit partnerships belong to: state, municipal, or some other form of ownership? Specifically, who is the owner of public lands in horticultural non-profit partnerships, and who has the right to dispose of them?

Modernity[ | ]

The owner of a land plot in the Russian Federation is a person who has one of the types of rights to the land plot:

• property rights;
• right of lease;
• right of perpetual use;
• right of lifelong inheritable ownership.

Legal regime of land ownership in Russia[ | ]

According to Art. 35 of the Constitution of the Russian Federation - in Russia everyone has the right to privately own land. This provision applies to both Russian and foreign individuals and legal entities, since the Russian Constitution enshrines the principle of a national legal regime (that is, foreign citizens enjoy the same rights as Russian citizens). Property and other relations arising in the field of land ownership and land law are regulated by the Land Code of the Russian Federation.

Restrictions for non-residents

Despite the fact that foreign citizens and legal entities can make any transactions with land, Russian legislation establishes a number of restrictions:

• It is prohibited to acquire property and land plots in border areas (Land Code of the Russian Federation, Chapter 16, Articles 94-100).
• It is prohibited to acquire ownership of agricultural land (Federal Law of July 24, 2002 No. 101-FZ “On the turnover of agricultural land”, Article 3), only their rental is permitted.
• provision of lands in state and municipal ownership is possible only for a fee (Land Code of the Russian Federation, Article 28, paragraph 5)[13].

Undelimited ownership of land - what is it?

land plots leased by the State federal executive body performing the functions of providing public services and managing state property in the field of road management;

(paragraph introduced by Federal Law dated July 22, 2010 N 168-FZ)

other land plots provided for by federal laws and lands provided for by federal laws.

2. For the purpose of delimiting state ownership of land, the property of the constituent entities of the Russian Federation includes:

land plots occupied by buildings, structures, structures owned by constituent entities of the Russian Federation;

land plots provided to state authorities of the constituent entities of the Russian Federation, as well as state-owned enterprises, state unitary enterprises or non-profit organizations created by state authorities of the constituent entities of the Russian Federation;

land plots from agricultural lands occupied by on-farm roads, communications, forest plantations intended to ensure the protection of lands from negative impacts, water bodies, with the exception of such land plots owned by the Russian Federation, owned by municipalities, citizens and legal entities or provided to individuals or legal entities under other proprietary rights;

(paragraph introduced by Federal Law dated July 3, 2016 N 354-FZ)

other land plots provided for by federal laws and lands provided for by federal laws.

3. For the purpose of delimiting state ownership of land, the property of settlements, city districts, and municipal districts includes:

land plots occupied by buildings, structures, structures owned by the relevant municipalities;

land plots provided to local government bodies of the relevant municipalities, as well as state-owned enterprises, municipal unitary enterprises or non-profit organizations created by these local government bodies;

other land plots provided for by the federal laws and the laws of the constituent entities of the Russian Federation adopted in accordance with them and lands provided for by the federal laws and the laws of the constituent entities of the Russian Federation adopted in accordance with them.

4. The property of the constituent entities of the Russian Federation - the federal cities of Moscow and St. Petersburg includes the land plots specified in paragraphs 2 and 3 of this article and located within the borders of these constituent entities of the Russian Federation.

5. Acts issued by the Government of the Russian Federation before July 1, 2006 on the approval of lists of land plots for which, respectively, the Russian Federation, constituent entities of the Russian Federation and municipalities acquire ownership rights when delimiting state ownership of land, are the basis for state registration of ownership rights according to the Russian Federation, constituent entities of the Russian Federation and municipalities for such land plots.

The right of state property means that the powers of ownership, use and disposal belong to the state. The state, as a subject of state property rights, is represented not by one department, but by a number of different government bodies, between which property rights are distributed.

This is important to know: Tax when registering a deed of gift for close relatives

Taking into account the federal structure of Russia and the existence of two levels of state power, it is stipulated that the right of state property exists in the form of :

1. federal property;
2. property of the constituent entities of the Russian Federation (so-called subject or regional).

Object of state ownership of land:

• lands that are not owned by citizens, legal entities and municipalities (Article 214 of the Civil Code of the Russian Federation, Article 16 of the Land Code of the Russian Federation).

It is provided that the management of federal and subject property is carried out respectively by state authorities of the Russian Federation (Article 71 of the Constitution) and by the constituent entities of the Russian Federation.

The state (represented by the Russian Federation and its constituent entities) in land relations can act as:

1. subject of state power, establishing the norms of land legislation, exercising state control over the use of land and other functions named in Art. 9 and 10 of the Land Code;
2. owner of land plots - in the latter case, it enjoys the same rights and bears the same responsibilities as other owners of land plots.

In accordance with Art.

Notes[ | ]

1. Ivanova; Zheltova, 2009, p. 63 ff.
2. Cathedral Code, 1961, p. 205. Ch. XVII, art. 27: “And whoever sells a family patrimony, or a serviced patrimony, or mortgages it, and his children and grandchildren will no longer care about that patrimony...”
3. Cathedral Code, 1961, p. 201. Ch. XVII, art. 13: “And after the votchina, his votchina will be given to his children, to two sons, or to three people, and they will own all of that votchina, and no one without one of that votchina will be sold or mortgaged.”
4. Cathedral Code, 1961, p. 210. Ch. XVII, Art. 42: “... by a votchinnik, to whom, by his sovereign decree, votchinas were given for services, that to that votchinnik and their children, and grandsons, and great-grandchildren, the served votchinas are free to sell, and mortgage, and as dowries, and to give to a monastery of their choice.”
5. Ivanova; Zheltova, 2009, p. 116.
6. Cathedral Code, 1961, p. 180. Ch. XVI, art. 8: “... estates were given for subsistence to noblemen and old boyar children who were dismissed from service, and to old widows... subsistence estates were given to them...” See also Ch. XVI, art. 13: “And the escheated estates of Moscow people of all ranks, and city nobles, and children of boyars, and foreigners, should be given to their wives for subsistence and to their children by decree.”
7. Cathedral Code, 1961, p. 200. Ch. XVII, Art. 9: “And to sell local lands into patrimony according to the sovereign’s personal decree.”
8. Ivanova; Zheltova, 2009, p. 117.
9. Ivanova; Zheltova, 2009, p. 117–118.
10. Belovinsky, 1999, p. 279.
11. Belovinsky, 1999, p. 280.
12. Belovinsky, 1999, p. 152.
13. Pushkin, Andrey, 2012, p. 155-158.

Literature[ | ]

• Belovinsky L.V.
  Russian historical and everyday dictionary. — M.: Studio TRITE Nikita Mikhalkov; Russian Archive, 1999. - 528 p. — ISBN 5-86566-020-9.
• Blumenfeld G.F.
  On the forms of land ownership in Ancient Russia. — Odessa: Type. P. A. Green, 1884.
• Blumenfeld G.F.
  On the issue of land ownership in Ancient Russia. — Odessa: Type. P. A. Green, 1884.
• Vladimirsky-Budanov M. F.
  Forms of peasant land ownership in Western Russia in the 16th century. — Kyiv: Type. Imp. University, 1911.
• Gnevushev A. M.
  Land tenure and agriculture in the Moscow state of the 16th–17th centuries. — Kyiv: Type. company Kushnerev and Co., 1912.
• Gauthier Yu. V.
  Essay on the history of land ownership in Russia. — Sergiev Posad: Type. I. I. Ivanova, 1915.
• Ivanova N. A.;
  Zheltova V.P. Estates Society of the Russian Empire. - M.: New Chronograph, 2009. - 741 p. — ISBN 978-5-6040-1840-8.
• Lakier A.
  About estates and estates. - St. Petersburg: P. Krasheninnikov and Company, 1848.
• Pushkin, Andrey.
  Legal regime of foreign investments in the Russian Federation. - M.: Alpina Publisher, 2012. - 376 p. — ISBN 978-5-9614-1954-2.
• Rozhdestvensky S.V.
  Serving land ownership in the Moscow State of the 16th century. - SPb.: Type. V. Demakova, 1897.
• Steshevsky E. D.
  Land ownership of the Moscow nobility in the first half of the 17th century. - M.: Printing Company S.P. Yakovlev, 1911.
• Tikhomirov M. N.;
  Epifanov P.P. Cathedral Code of 1649. A manual for higher school. - M.: Moscow University, 1961. - 444 p.
• Uspensky F.I.
  Materials for the history of land ownership in the 14th century. — Odessa: Type. P. A. Green, 1883.
• Forms of land ownership among the Russian people depending on nature, climate and ethnographic features. - SPb.: Type. company Public benefit, 1877.

Right to the land plot of the building owner

The Land Code secures the right of the owner of real estate located on a certain plot of land and the right to this land. If the right to real estate is transferred, then the new owner automatically acquires rights to the land. After registration of the building, the new owner receives a preemptive right to draw up a lease agreement or to purchase a plot of land.

If there are several purchasers of real estate, then the property owners acquire the right to the land plot depending on the size of the shares. After registration of rights to real estate, the plot automatically passes into common shared ownership.

The Housing Code of the Russian Federation widely describes the rights of apartment owners in an apartment building. The owners of a house on a land plot have rights not only to the land plot, but also to all engineering and auxiliary premises (basements, elevators, staircases, roofs, etc.), but on the condition that they do not belong to anyone and are not privately owned . In the event of destruction or demolition of an apartment building, apartment owners are not deprived of their rights to common shared property, that is, to a land plot, and can dispose of it within the framework of civil and land legislation.