In all types of law on land, including the permanent (unlimited) use of them, from 01.03. 2015 introduced fundamental changes. Why this is done, what are the origins of the right to perpetual use of land - all these issues are considered by the proposed article.
When did the right to permanent unlimited use of the land
In the Soviet period, when exclusively state ownership of land dominated, it was possible to use it for both citizens and legal entities only by the right of use, and free of charge. Remember who lived in the USSR, as its Constitution referred to land transferred to collective farms for “eternal use”.
In fact, the title "permanent unlimited use of the land" was first introduced into the Union land legislation in February 1990, and then repeated in the RF RSKR of 1991. Its very appearance was a consequence of the complex political struggle that was waged between the reform forces in led by B. Yeltsin and the adherents of the old Soviet system. The latter, realizing the inevitability of the coming privatization of state property, sought to create conditions for the transfer to the new owners of only real estate without land under them, which could become the basis for a return to the previous order in the event of revenge.
How the law in question developed in the Russian Federation before the adoption of the RF LC
The Russian authorities initially viewed it as a relic of the Soviet system and repeatedly made attempts to exclude it from Russian land legislation.
In the Labor Code of the RSFSR of 1991, the right to indefinite use of the land was given only to legal entities. Citizens who received land under it even under Soviet law, by the law of the Russian Federation on land reform of 1993 pledged to re-register it in ownership or lease. The same law prohibited the provision of land on this type of right.
However, the Civil Code of the Russian Federation, again adopted in 1994, again introduced this title in relation to citizens, which is still preserved in it. It is enough to recall what these were over the years to understand how the political struggle was reflected in changes in legislation.
What did the RF RF Law consider in the year of its adoption?
First, he retained it in Chapter 4, which deals with limited land property rights. Secondly, the RF LC confirmed the prohibition of transferring new land to citizens on this right, while confirming that it was retained by citizens and legal entities if it arose before the introduction of the LC. At the same time, the absence of the right of citizens and legal entities to dispose of such sites was specially emphasized.
At the same time, a special law was issued on the procedure for putting the RF RF into effect, which citizens were given the opportunity to re-register for free unlimited use of land in full ownership. Legal entities were obliged by the same law to re-register their same plots into leased land or buy them back. The deadlines for re-issuing unlimited use of land for legal entities were several times shifted, until in 2013 the Administrative Code of the Russian Federation introduced liability for the failure to meet these deadlines in the form of an administrative fine from 20 thousand to 100 thousand rubles. This measure finally forced the majority of Russian legal entities to renew their outdated land law.
How the reviewed law has changed in 2015
So, the long-term struggle of the Russian authorities against the right of citizens to the constant unlimited use of the land plot has finally ended. Since March 1, 2015, this title has been excluded from the title of chapter 4 of the RF Labor Code, and all of its clauses mentioning it in relation to citizens and legal entities have been canceled. However, the RF Labor Code did not completely exclude it from the system of land rights.
Its new article 39.9 lists the bodies and organizations that can still receive land exclusively on this type of right. Among them there are no citizens and legal entities with non-state ownership.
Other uses of land plots in the RF RF
The updated LC has upheld the right to use land as easement. At the same time, several articles of the Civil Code of the Russian Federation relating to it were slightly modified. So, now it is possible to conclude an agreement on easement not only with the owner of the plot, but also with its land user (tenant), if the easement does not exceed the lease term. A new chapter 5.3 has been introduced in the Civil Code with the procedure for concluding and the content of an easement agreement for land plots owned by the state.
Also, the RF Labor Code upheld the provisions relating to this type of law, such as gratuitous use of land.
About terminology regarding land use
In the RF Land Code there is no concept of “gratuitous unlimited use of a land plot”, since for all types of gratuitous use of state or municipal land, Art. 39.10 certain deadlines are set. This term, which is not an expression of any new type of land right, is used in two laws adopted in August 1996 relating to science policy, as well as to higher education and vocational education. Some experts consider its introduction as evidence of the low legal culture of the then legislators. According to the author, it can be applied to those areas (cottages, gardens, vegetable gardens) that are used (by documented right) by citizens who are in no hurry to register their property on them. After all, individuals are not limited in this procedure to either time or fines. They can use their plots for free, but not. The legislator, taking into account the sluggishness of citizens, agrees that the right to use, in principle, exists, hoping in the future to exclude it from the sphere of land relations.
The uncontracted nature of land use on an unlimited basis
The term "perpetual" in the name of this type of land law means the use of land (its exploitation according to its intended purpose) without any restriction on the timing of such use. And this is its difference with the use of land for free, for all types of which the RF Labor Code sets specific dates, although “gratuitousness” also characterizes perpetual use. She delimits this legal institution from “reimbursable” land leases; while the implementation of unlimited, unlike gratuitous use and rental, occurs on a non-contractual basis.
Indeed, the basis for the use of a land plot at a time when this right was granted to citizens did not lie with contracts, but with decisions (acts) of various authorities on the transfer of farmland to horticultural and country partnerships and cooperatives. It was then that millions of citizens received the treasured 6 acres in their hands. At the same time, most of them still do not have any title documents in their hands, let alone any contracts. Therefore, the concept of "contract for unlimited use of the land" refers to legally empty.
The requirements of the RF Labor Code for citizens who use land indefinitely
Citizens engaged in permanent unlimited use of a land plot are given the opportunity to register ownership of it.It is established by the aforementioned law of 2001 on the entry into force of the RF Labor Code. At the same time, the indication or absence in the document (act, certificate) that initially establishes or certifies the citizen’s current right to use the plot does not matter the type of right on which it was granted to him.
Citizens who actually use the land owned by the state or municipality, with their own real estate located on it, can also register their property on this land itself.
"Country amnesty"
Since, after several years have passed since the adoption of the RF Land Code, the process of registering their property on land plots by citizens clearly has not gained the necessary scope, and the state needed to expand the base for collecting land tax, it was decided to simplify the procedure for such registration and set it out in special law. It was adopted in 2006 and the people received the capacious name of "country amnesty." It allowed to register ownership in a simplified procedure, not only country and garage land plots that are in constant use, but also houses and garages on them.
The completion date of the "summer amnesty" has been repeatedly extended. The last time this was done this year. The final date of its holding is set to 1.03.2018.
Why "country amnesty" is inhibited
The fact is that for the registration of ownership of a summer cottage or garage, it is required, in addition to any title document, to provide also a cadastral plan of the land in duplicate. The cost and duration of cadastral works became the main factor that made citizens unresponsive to the rainbow possibilities of a “summer cottage amnesty”.
In addition, at least some, but still a title document for the site must be provided. It can be an act on the provision of land for permanent use, any decision / order / decision on the provision of land, finally an extract from the household book. However, most gardeners and summer residents do not have any documents, except, perhaps, gardener books.
All these circumstances hinder the process, forcing the authorities to invent new incentives for the population, such as the so-called new summer amnesty.
Re-registration of ownership of land in the use of legal entities
As already noted, the law on the introduction of the RF Land Code obliges legal entities to redeem or lease such land plots before 01/01/2012. For violation of the terms of re-issuance, administrative responsibility is provided in the form of a fine. For partnerships of gardeners, gardeners or associations of summer residents, as well as garage cooperatives the term for renewal of unlimited use is unlimited.
If unlimited use is reissued for lease, then the fee for it is set at 2%, and for plots of agricultural land - 0.3% of the cadastral value of the leased plots. When withdrawing or restricting a site in circulation, the rental fee is 1.5% of the same value. These values can only be changed when the cadastral value changes.
Those persons who used areas with various linear objects, the deadline for renewal of unlimited use is set to 01.01.2016. If they managed to re-register the right to use the plots for the right to lease them before 01/01/2012, then they can also redeem the leased plots at a reduced price in the amount of 2.5 percent of its cadastral value. For Moscow and St. Petersburg, this reduced price has been increased to 20% of the cadastral value.
