The ownership of land is considered to be the most comprehensive legal category. According to the Civil Code, a lawful possessor of property can dispose of, own and use it.
Relations arising in connection with the order,possession, use of land, are governed by civil norms and regulations of the ZK. In this case, the concepts used in the Civil Code are considered to be fundamental. Land legislation perceives the institution of property, it can not exclude any provision relating to the rights of the legal owner.
Land is considered a specific legal category. From the understanding of this fact, the provisions of civil legislation on the possibilities and peculiarities of regulation of relations relating to this object follow. According to Art. 209 CC (item 3), use, disposal, as well as possession of land is free, if it does not harm nature, does not infringe on the interests of other persons.
The provisions governing it are envisagedGK. The existing legislation recognizes that the state owns and uses the land, as well as other natural resources that are not owned by citizens, municipalities, or organizations. This provision is enshrined in Article 214 of the Civil Code (paragraph 2). More recently, state property was exclusively distributed to subsoil, water objects, land, wildlife, and forest. It was believed that in the country no one, except the authorities, can not be their lawful owner. The exclusive right of ownership of the state also meant that there could not exist any objects that did not belong to anyone, that is, ownerless. Currently, there are different rules and regulations.
The lands that belong to the Russian Federation arefederal property. Meanwhile, there are territories that are owned exclusively by the regions. In this case, they speak about the state property of the subject of the Russian Federation. In Article 16 of the LC it is stipulated that the issue concerning the delineation of public domain is resolved directly by the Code and other normative documents. In accordance with Art. 17 (item 1), the following are classified as federal property:
As part of the state property of the regions there are such areas:
RF - a state in which is strictly delineatedcompetence of federal, regional and local authorities. The law provides for issues that relate to joint jurisdiction. However, with regard to possession, disposal, use of property belonging to the subjects of each level, there are clear boundaries and special rules.
Municipal landed property occurs at the time of its registration by authorizedbodies. The acts of the Government are the basis for this procedure. They approve special lists, which include plots of municipal property. The latter arise in the delimitation of territories. In addition, Muland ownership of land arises on the basis of a number of judicial decisions that have come into force. In particular, we are talking about resolutions adopted on disputes concerning the delimitation of territories.
The current legislation provides for munipolar land ownership:
In the normative acts, other categories of allotments are provided, possession, use, which the MO can exercise. In particular, municipal land ownership arises in relation to those not provided by the privatepersons of allotments before the delimitation of territories. To ensure the development of the Ministry of Defense, it may transfer areas that belong to the Russian Federation or its region, including those located outside the administrative unit.
Limits MO are determined by federal and regional laws. This takes into account historical and other local traditions. The territory of the MI can include rural or urban settlement. Within the boundaries of the administrative unit,to attend the areas necessary for the development of settlements, recreational zones. In addition, the land includes public land. Among them, among others, include forest tracts, meadows and other. Town Settlement may in accordance with the law receive free of charge additional territories.
In cities of federal significance in the delimitation of territories right of municipal property does not arise. For them, special rules are established. Features of the legal regime are due to the fact that cities of federal significance are considered independent subjects of the Russian Federation. Accordingly, regional rules apply to them. The right of municipal property in these entities arises in the process of transfer of allotments to administrative units located within their boundaries, in accordance with local laws.
Municipal land ownership arises in relation to the territories thatrecognized as assigned to the MO on the basis of not only federal, but also regional legislation. As for the grounds for acquiring the relevant legal opportunities, it should be said that they extend to ownerless objects, which the legitimate owners refused.
On behalf of the municipality, the right of the ownercarry out local government. In the cases established by law, other persons may become authorized persons. For example, on behalf of the municipality, the right of ownership may be exercised by an institution. Territories that belong to the MO can be transferred to organizations, citizens, local authorities, non-profit structures, unitary enterprises.
In the legislation, theis recognized not only state and municipal ownership of land. As another category of entities that have the opportunity to own, use, dispose of allotments, the legal entity and citizens act. The norms establish the grounds for private property. All legal entities and citizens have equal access to the acquisition of territories. In the legal regime of the plots in the ownership of these entities, there are no differences in the content of the powers with which they are vested. Private ownership, disposal, use can be carried out by foreign organizations and citizens, as well as persons who do not have citizenship.
To provide a site to the property, it does notmust have no restrictions or encumbrances. In addition, the territory should not be withdrawn from circulation. Such land, in accordance with Article 27 of the Civil Code (Q.2), can not be objects of transactions provided for in civil norms. Individual territories, limited in circulation, are also not given individual possession, disposal, use. Exceptions may be cases established by law. The categories of confiscated and restricted territories are present in Article 27 of the LC (paragraphs 4 and 5).
To receive an allotment in the property, he mustbe transferred to the category in respect of which the general rules for obtaining rights apply. Some allotments may be in the possession, use or possession of organizations or citizens subject to a certain legal regime. The ownership right can be realized by the subjects independently, as well as jointly with other persons.
At present, the domestic legislationclearly regulates the rights of landowners. Territories, which are managed, owned, used by subjects, belong to the category of real estate. The execution of any transactions with them is subject to registration. As evidence of ownership, a certificate stands. It is issued after the relevant information about the object is entered into a single register.
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