Misuse of land: liability. Land Code of the Russian Federation

Inappropriate use of the land is recognized as an offense. Responsibility for it is established in the Code of Administrative Offenses. The subjects of the offense are citizens, legal entities and officials.

Land Use: General Information

The legislation establishes obligations for entities owning plots, regardless of the existence of a right of ownership. In particular, the norms provide for the specific purpose of the site allocated to a particular person. In accordance with it should be the operation of the allotment. At the same time, the use of land should not be harmful to nature. This rule is established by Art. 42 ZK.

Categories

They are established by paragraph 1 of Art. 7 Federal Law No. 136. The norm provides for 7 categories:

1. Agricultural land. They are used for the production of agricultural products.
2. Protected areas. These include natural, cultural and historical complexes.
3. Special purpose lands. This category includes, inter alia, territories where energy and transport facilities are located. They also include industrial land and allotments, on which is located the infrastructure that provides their maintenance.
4. Forest Fund.
5. Land stock.
6. Water fund.
7. Territories of settlements.

Normative base

When establishing the legal regime of land, one should take into account not only its target category, but also permitted use. It is determined according to the principles of zoning. In paragraph 2 of Art. 7 of the above law provides that the exploitation of land in accordance with its purpose is competent. Federal law specifies how the territories are divided, and permissions and priorities are established. The legal status of each allotment is determined depending on its category. P. 2, Art. 8 of the above law, provides that the ownership of the site is recorded in the cadastral passport or other document issued by an authorized state agency. The category of allotment may also be indicated in the certificate of ownership of the property or other registration paper.

Zoning Specifics

The legislation regulates the division of the territory of settlements. Zoning is carried out in accordance with the rules established in the Town Planning Code. At the same time, municipal authorities need to develop Rules for use and development. In accordance with them, the zoning of the territory of a particular municipal entity is carried out. Each segment has its own regulations. It contains information about the operation of allotments, the rules for changing it. The transfer of lands to which the regulations do not apply or rules regarding them are not established, from one category to another is carried out in accordance with federal law. This position is fixed in paragraph 5 of Art. 37 of the Code.

Limitations

Legislation requires allotment owners to operate them strictly in accordance with their intended purpose. At the same time, as mentioned above, the activities of subjects should not harm nature. We are talking about the environment as a whole, and in particular about the land that is used. Owners are prohibited at their discretion from changing the category of allotment. Such a procedure is carried out in the manner prescribed by law.As a result of the change, the new status is recorded in the relevant documents.

What threatens the misuse of land?

Responsibility for entities is established in Art. 8.8 Administrative Code. For misuse of the land, except for the cases specified in paragraph 2.1, 2, 3 of this article, an administrative fine is provided if the cadastral value of the allotment is known:

1. For citizens - 0.5-1% of the price. Moreover, the minimum amount should not be less than 10 thousand rubles.
2. For officials - 1-1.5%, but not less than 20 thousand rubles.
3. For organizations - 1.5-2%, but not less than 100 thousand rubles.

If the cadastral value is not determined, a fine is imposed for misuse of the land:

1. For citizens - 10-20 thousand rubles.
2. For the organization - 100-200 thousand rubles.
3. For employees - 20-50 thousand rubles.

Agricultural Territory

Turnover agricultural land regulated by Federal Law No. 101. If the territory related to this category does not carry out activities related to agricultural production during the period specified by the law, an administrative fine shall be prescribed:

1. For a citizen - 0.3-0.5% of the cadastral statute, but not less than 3 thousand rubles.
2. For an official - 0.5-1.5%, but not less than 50 thousand rubles.
3. For the organization - 2-10%, but at least 200 thousand rubles.

Additionally

Inappropriate use of a land plot, which is an agricultural territory, is recognized as an offense within a year from the date of receipt of the property right to it if:

1. I put it on as a result of a public auction in accordance with a court decision. In this case, the definition should provide for the seizure of the object in connection with its misuse or exploitation in violation of the provisions of the law.
2. With regard to the allotment, the competent authority exercising state supervision has information that the subject did not conduct activities on it for the period provided for in paragraph 3 of Art. 6 Federal Law No. 101.

For these violations, an administrative fine is provided:

1. For individuals, including individual entrepreneurs, - 0.1-03% of the cadastral inventory, but not less than 2 thousand rubles.
2. For organizations - 1-6%, but not less than 100 thousand rubles.

Part 3, Art. 8.8 Code of Administrative Offenses

In this part, sanctions are established for entities that have been allocated land for construction, gardening, and gardening activities. The punishment is valid in cases where the obligation to operate such allotments for a specific period of time is provided for in federal law. For non-use of plots administrative fines are established if the cadastral value is known:

1. For individuals - 1-1.5%, but not less than 20 thousand rubles.
2. For organizations - 3-5%, but not less than 400 thousand rubles.
3. For employees - 1.5-2%, but not less than 50 thousand rubles.

If the price is not determined, the sanctions will be as follows:

1. For individuals - 20-50 thousand rubles.
2. For officials - 50-100 thousand rubles.
3. For organizations - 400-700 thousand rubles.

Important point

This article of the Code of Administrative Offenses establishes liability for non-fulfillment or improper (untimely) fulfillment of obligations related to bringing land into a condition suitable for use in accordance with the established category. If these violations are identified, the rule provides for administrative penalties:

1. For citizens - 20-50 thousand rubles.
2. For officials - 100-200 thousand rubles.
3. For organizations - 200-400 thousand rubles.

It should be said that these responsibilities are established in other regulatory acts. In particular, they are fixed in environmental legislation. The norms define specific measures aimed at maintaining and improving the quality of land.

The specifics of the consideration of cases

Often, when the authorized bodies accept the misuse of the allotment as the source of the problem, the judicial practice becomes very confusing. This is due to the fact that in the process of carrying out an activity, justification of the fact is required that the subject, for example, the owner, did not exploit the allocated territory to satisfy individual needs, but to extract economic benefits.

Suppose a citizen who is an individual entrepreneur carried out repair of a vehicle on the allotment held by him on the right of ownership. Supervisory authority may well bring him to charges of misuse of the territory allotted to him. A contradiction will arise if the specified entity repaired the car for personal needs on an allotment intended for individual housing construction, but not as an entrepreneur to obtain economic benefits. In this regard, the courts are ordered to consider each case of indictment separately.

Conclusion

The ownership and use of land is enshrined in law. Existing standards introduced a special classification of territories into categories. This is done for the most rational use of land. Entities enjoying rights have corresponding responsibilities. First of all, they consist in the targeted use of the territories allocated to them. In addition, it is the responsibility of the owners to ensure and maintain the proper condition of the allotments. Violations of established regulations entail monetary penalties.

Currently, the problem of rational land use is quite acute. All citizens, officials and legal entities are required to comply with legal requirements. Current regulations are aimed at ensuring state control over the use of territories. The responsibilities of supervisory authorities include the timely identification and suppression of violations, the identification of perpetrators and the application of measures of responsibility to them. All these actions ensure the preservation of land resources in good condition and protect the environment from illegal actions by users.