Delimitation of state ownership of land: federal law

In accordance with the legislation of the Russian Federation, state ownership of land may be delimited between federal, regional and municipal entities. How is this procedure carried out? What laws regulate the legal relations that correspond to it?

What is the essence of the delimitation of state ownership of land?

Such a process as the delineation of state ownership of land is traditionally one of the most difficult not only in terms of the formation and application of legal regulations, but also in terms of impact on socio-economic processes. Especially acute are those issues that characterize the appropriate delineation, arise in cases when it comes to the need to define the specific powers of the authorities in the part of land management, as well as determining the competences of other subjects of law, for example, municipalities that by law should carry out activities for the management of territories independently From state power.

What is this process - the delineation of state ownership of land? It is a procedure for the transfer of various lands to the property established by the legislation of the Russian Federation:

• Federal authorities;
• Subjects of the Russian Federation;
• Local authorities.

The fact of the distribution of territories is fixed at the time of issuance by a certain authorized body of the decision to grant a particular land plot to the ownership of any entity. Based on the relevant decision, various legal documents can be drawn up , for example, a certificate of ownership.

As a rule, the delineation of state ownership of land is carried out if the information on the territory is reflected in the cadastre. How can I get acquainted with this information? Is it using such a resource? As a public cadastral map. Let's study its features in more detail.

Use of the public cadastral map: nuances

The resource in question is located on the website of Rosreestr. It was created largely because of the need to provide citizens and organizations with the opportunity to receive relevant information on land that was demarcated in accordance with the procedure established by law, or on territories that were to be distributed within certain legal relationships.

It is noteworthy that the public cadastral map of Rosreestr does not provide information about the owners of these or those sites. But it makes it possible to make sure that the site is registered in the state register within certain limits, and also that certain types of activities are allowed on it.

The use of the card under consideration allows, first of all, to save time, which before the appearance of a corresponding resource, citizens and organizations often had to spend on interaction directly with the territorial office of Rosreestr on the issues of delimitation and status of various sites.

It is worth noting that it is possible to implement legal relations between authorities and other entities in the event that property rights are not reflected in the relevant registers. It is also possible to dispose of plots that are not demarcated in accordance with the established procedure. Let's study this aspect in more detail.

Legal relations in the absence of differentiation of state ownership of land: nuances

So, if the delineation of state ownership of land is not carried out, then the disposal of the relevant areas is still possible. In general, it is carried out by municipal authorities. In addition, if land plots are located in settlements that have the status of an administrative center or the capital of a subject of the Russian Federation, then they are administered by municipalities, unless otherwise expressly prescribed by the legislation at the regional level. In turn, in the subjects of the Russian Federation, laws may be passed in accordance with which unrestricted state ownership of land will be at the disposal of executive power structures in the regions.

As noted by lawyers, it is not always possible to transfer the powers associated with the disposal of plots in this case, and may be accompanied by the transfer of the functions of the owner of those or other territories. Thus, land plots that have the status of unlimited property may be the object of legal relations. In addition, even in cases where ownership of the respective territories is not registered, the order can nevertheless be exercised. For example, in the context of legal relations of sale or lease.

It should also be borne in mind that the authority to manage land plots that do not have the status of demarcated can be expressed in the transfer of a management function to a particular entity, which is not always accompanied by the acquisition by the given entity of the ownership of the respective territory.

The way in which state lands are delineated is regulated by certain rules of law. Let us study their features.

The delimitation of land ownership: regulatory regulation

In 2002, the Russian authorities adopted a federal law, according to which criteria were determined for classifying land plots for those that belong to the property of federal, regional, and municipal entities. In addition, a government decree was adopted, according to which the rules of preparation were approved, as well as the coordination of the lists of territories for which the right of ownership provided by law could appear in federal, regional or municipal structures.

As lawyers note, these legal acts were practically not functioning, because the procedures for demarcating land ownership were complicated and time-consuming. In particular, the subjects entering the land relations, it was necessary first of all to devote considerable time to the preparation of the list of territories. These documents later had to be sent to the government of the Russian Federation, and then to wait for their verification and subsequent order from the authorities. The registration of property was carried out on the basis of such a source of law as a state act on land issued by the government of the Russian Federation. At the same time, for each site included in the list, a case was created, in which there were various documents certifying the validity of entering the respective territory in the list. In practice, this procedure could take about 7-9 months.

The noted shortcomings of the legislation, according to which the federal state property was divided into land, regional, and municipal, was called upon to eliminate the reform, within the framework of which a new law was adopted. This is a normative act, through which the legislator made certain changes to the Land Code of the Russian Federation, as well as to laws regulating state registration of real estate. The corresponding source of law came into force in 2006 and canceled the one that was adopted in 2002.

In accordance with the new law, the state-owned land became possible to demarcate in a simplified manner. If we talk about amendments to the existing sources of law, it can be noted that the norm, reflected in the law on registration of rights to real estate, was firstly clarified, according to which the information on the demarcated section was entered in the state registers.

Thus, the main sources of law governing the process in question are the Land Code of the Russian Federation, as well as the main normative act regulating state registration of rights to real estate and having the status of a federal law.

Let us now consider the key provisions of these sources of law in more detail. So, you can study what documents are used in legal relations, within which different types of state ownership of land are delineated.

Registration of ownership of land: documents

The main document on the basis of which the distribution of territories between various entities is carried out, a statement compiled by the executive authority at a certain level, by the municipality or by an outsider who has the authority, for example by virtue of an instruction. This source should reflect the basis for the emergence of the right of a federal, regional or municipal authority to own a particular plot of land. This is recorded in the documents that need to be supplemented by the noted application. Their list appears in a separate government decree.

So, if the basis for registration of ownership is the presence on the site of the real estate object, which legally belongs to one or another entity, then it is necessary to send the title documents to the building to the competent authority. Also, the results of the state cadastral valuation of land, reflected in a special plan, that confirms the location of the property in a certain territory may be needed.

In turn, if the basis is the transfer of land to certain authorities, you will need legal documents for the territory, as well as cadastral plan of the site.

In general, the laws of the Russian Federation do not imply the addition of these sources by any other. These lists - subject to the completeness of the documents - can be considered as exhaustive.

The laws of the Russian Federation regulating the distribution of land plots to those belonging to federal, regional or municipal authorities determine the conditions for assigning territories to the possessions of a particular subject. Consider this nuance in more detail.

Terms of land distribution

In accordance with the provisions of the Land Code of Russia, the conditions for assigning certain plots to the ownership of federal, regional or municipal entities may be:

• Location in the respective territories of buildings that belong to one or another entity on the basis of ownership;
• Provision of sites to specific authorities, state or municipal enterprises, NGOs.

In addition, the law may define other conditions for the implementation of legal relations in question.

The next most important aspect of the implementation of the provisions of sources of law governing how federal state property should be distributed to the land, regional or municipal, is the criteria for referring the territories to those that belong to state structures, as well as to the transferred municipalities.

What territories can be in federal ownership?

The highest level of state power in the Russian Federation is federal. In accordance with the provisions of the Land Code, the following types of state ownership of land may be classified as federal:

• Plots occupied by buildings and structures that belong to federal structures on the basis of ownership;
• Areas that are provided to state bodies, their territorial offices, state enterprises, as well as NGOs, which are formed by the relevant authorities;
• Sites that are in permanent use by the Academies of Sciences, as well as subordinate structures - if their transfer was made before the entry into force of separate sources of law governing the status of these scientific institutions;
• Territory, which are leased to the enterprise "Russian Highways" by the competent authority.

The next level of power in the Russian Federation is regional. The relevant bodies can also receive land.

What territories can be in regional ownership?

At the regional level, the state property is land - in the case of their transfer to the subjects of power in the manner prescribed by law - the following categories:

• Plots, buildings and structures that belong to the regional authorities on the basis of ownership;
• Territories that are transferred to state authorities in the subjects of the Russian Federation, enterprises or NGOs, formed at the regional level;
• Sites relating to agricultural lands that are occupied by roads, various communications, plantations in order to protect the territories from negative impacts, as well as water objects - excluding sites of appropriate designation that belong to federal, municipal structures, citizens or organizations.

It can be noted that the transfer of land in the ownership of cities of federal significance of the RF is carried out on the basis of the application of the norms established for both federal and regional authorities: the jurisdiction of specific provisions of the law extends to the territory on which certain objects are located within the area of cities of federal significance .

The next level of government in the Russian Federation is municipal. The structures that correspond to it can also receive land plots.

What territories can be in municipal ownership?

So, we examined in what cases state ownership is the land - provided they are delineated in the manner prescribed by law at the federal or regional level. In turn, municipalities are legally functioning independently of state structures.

When differentiating state ownership of land into the ownership of local authorities, the following may be transferred:

• Areas occupied by buildings and facilities belonging to municipalities;
• Territories that are provided to local authorities, municipal enterprises or NGOs, established at an appropriate level.

The transfer of land and the operation of previous legislation

It should be noted that the Land Code separately regulates the way in which state ownership is delineated if the participants in the relevant legal relations have acquired land in accordance with the rules of law in force prior to 2006. In this case, acts issued earlier by the government of the Russian Federation certifying lists of sites for which federal, regional or municipal authorities had the right of ownership, should be considered as grounds for state registration of ownership of the respective territories.