Municipal land ownership: concept, law

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.

General characteristics of the category

Relations arising in connection with the disposal, possession, use of land are regulated by civil norms and provisions of the LC. 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 legitimate owner.

Features of the object

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 upon the interests of other persons.

State property

Provisions governing it are provided for by the Civil Code. 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, only state property was distributed to subsoil, water objects, land, wildlife, 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.

Ownership delimitation

The lands that belong to the Russian Federation are federal property. Meanwhile, there are territories that only the regions own. In this case, they speak of 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:

1. Recognized as such FZ. The categories of such allotments are defined in clause 1 of the law, which introduces the ZK.
2. The right to which the Russian Federation arose because of the differentiation of state property to land.
3. Acquired by Russia in accordance with the grounds established in the Civil Code.

As part of the state property of the regions there are such areas:

1. Recognized as such in accordance with the Federal Law. Their list is defined in paragraph 2 of Art. 3 of the above law.
2. The right to which arose in the subjects in the process of differentiation of state property.
3. Acquired on the grounds established in the Civil Code.

Municipal land ownership

– государство, в котором строго разграничена компетенция федеральной, региональной и местной властей. Russia is a state in which the competence of federal, regional and local authorities is strictly delineated. The law provides for issues that are related to joint jurisdiction. However, with respect to possession, disposal, use of property belonging to the subjects of each level, there are clear boundaries and special rules apply.

возникает в момент ее регистрации уполномоченными органами. Municipal landed property arises at the time of its registration by authorized bodies. The acts of the Government are the basis for this procedure. . They approve special lists, which include sections of municipal property . The latter arise in the delimitation of territories. возникает на основании вступивших в действие ряда судебных решений. In addition, municipal ownership of land arises from a number of judicial decisions that have come into effect. In particular, we are talking about resolutions adopted on disputes concerning the delimitation of territories.

Categories of objects

: The current legislation provides for unipolar land ownership :

1. Recognized as such in accordance with the Federal Law, as well as the regional normative acts adopted on their basis.
2. The right to which arose in the process of distinguishing state property.
3. Acquired for the reasons established in the Civil Code.

Additionally

In the normative acts, other categories of allotments are provided, possession, use, which the MO can exercise. возникает в отношении не предоставленных частным лицам наделов до разграничения территорий. In particular, municipal ownership of land arises in relation to not allotment to private individuals before the delimitation of territories. To ensure the development of the Defense Ministry, it may be transferred to areas that belong to the Russian Federation or its region, including those located outside the administrative unit.

Specificity of the territory

Limits MO are determined by federal and regional laws. This takes into account historical and other local traditions. . A rural or urban settlement can be included in the territory of the MI. Within the boundaries of the administrative unit there may be areas necessary for the development of settlements, recreational zones. In addition, the land includes public plots of land. Among them, among other things, include forest tracts, meadows and other. может в соответствии с законом получить безвозмездно дополнительные территории. The urban settlement may, in accordance with the law, receive free of charge additional territories.

An Important Moment

не возникает. In cities of federal significance, when the territories are delimited, the 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. в этих субъектах возникает в процессе передачи наделов административным единицам, расположенным в их пределах, в соответствии с местными законами. 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.

Additionally

возникает по отношению к территориям, которые признаны закрепленными за МО на основании не только федерального, но и регионального законодательства. Municipal land ownership arises in relation to the territories that are recognized as secured by 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 facilities, which the legitimate owners refused.

Exercise of authority

On behalf of the municipality, the right of the owner is exercised by local governments. 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.

Private property

The law officially fixes and recognizes 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.

Key terms and conditions

To provide a site to the property, it should not have any restrictions or encumbrances. In addition, the territory should not be withdrawn from circulation. Such lands, in accordance with Article 27 of the LC (B.2), can not be objects of transactions provided for in civil codes. Individual territories, limited in circulation, are also not given individual possession, disposal, or use. Exceptions may be cases established by law. The categories of confiscated and restricted territories in circulation are present in Article 27 of the LC (paragraphs 4 and 5).

To obtain an allotment in the property, it must be 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 in compliance with a certain legal regime. The ownership right can be realized by the subjects independently, as well as jointly with other persons.

Conclusion

Currently, domestic legislation clearly 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.