St. 7 LAND CODE OF THE RUSSIAN FEDERATION. The land composition in the Russian Federation. The agricultural land. The lands of the forest Fund. Lands of settlements

The Legislation provides for the composition of the land in the Russian Federation. The resources of the country include seven groups. Each of them has its own purpose.

St. 7 land code of the Russian Federation

In the first paragraph of this rule groups defined for the intended purpose. These include:

1. The lands of the forest Fund.
2. Area for residential development.
3. Agricultural Land. These areas, usually located outside settlements.
4. Areas to be used by industrial enterprises, communications, transport, broadcasting, computer science, energy, space activities, defence, security and other special purposes.
5. Land of specially protected natural territories and objects.
6. Stock.
7. Plots of the water Fund.

Legal mode

It is defined in accordance with membership areas to one category or another. The land is set within the framework of zoning. The General principles and rules of implementation defined by the Federal law. Under the zoning also establishes the permitted use of land plots. Any view can be selected independently, without any additional approval procedures. Permitted use is determined by the classifier. This normative act approved by the authorized body of Executive power.

Important point

Separately, the law stipulates the composition of the land in the places of permanent residence and the conduct of traditional economic activities of numerically small peoples, ethnic communities. In the regulatory enactments may provide for a special legal regime. Regulatory decisions are taken by regional and territorial authorized agencies. Taking into consideration the specifics of the area.

Explanations

The Division into groups for the intended purpose is considered traditional for the Russian legislation. The land was installed and the previous codes. The changes affected only the names of each of them. An example would be land category "land settlements". Permitted use remains the same, but the name of the group changed twice. At first it was like, what is used now. In the new code was to use category "land of settlements". But five years later, this name was abandoned.

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Purpose

The land on this basis is defined in different provisions of this code. For example, the 87th article of the industrial area are intended to ensure the production, processing and other enterprises. The law provides for a special regime for certain areas. For example, forest lands are under heavy protection. A special regime is provided for the water supply sources, monuments of history and culture.

The Specifics of zoning

The Separation of the territories governed by the town planning code. Zoning is aimed at determining areas in which to operate the relevant regulations. To the 37th article of GRK established categories of permitted land use. General classification includes three groups. They are: principal, conditionally permitted and accessory. The latter are allowed only as an extra.

Nuances

Auxiliary and principal permissible use of land and objects of capital construction by rights holders can be selected independently. However, the law does not require more documents and reconciling. However, not all copyright holders it operates normally. With the exception of state agencies, regional and local government structures, municipal and state enterprises, the unitary including. With regard to conditionally permitted kind, to select the required receipt of the document according to the rules of the 39th article of GRK. The law permits the change of one type to another. This should be complied with those regulations. If some lands technical regulations do not apply, the change of use is carried out in the manner prescribed by Federal law.

Indigenous peoples

Throughout the country there are areas where indigenous people live. In particular, talking about the far East, Siberia and the far North. In those territories historically economic activities of people. As a rule, traditional crafts (fishing, hunting, etc.). To ensure that relevant environmental management areas given the status of protected. The legislation may provide for special legal regimes for other sites in the areas and activities of ethnic communities and indigenous peoples. In particular, such provisions are present in the 10th article of the Federal law №101. According to the norm, agricultural land, being in municipal or state property may be transferred to communities to preserve and develop their traditional way of life. However, the law stipulates that the redemption of the leased premises is not allowed. In paragraph 6 of this article alsoit is provided that plots of agricultural land where the deer and the pasture in the far North, located in the municipal or state property may be transferred to organizations and citizens for at least 5 years. The regional authorities, taking into account the specifics of the area, establish additional rules for the protection of such areas.

Purpose regulatory

A General requirement for the use of land in accordance with its intended purpose is supported by articles 46, 45, 40, 42 and others. It is implemented by establishing limitations on changing from one view to another. The principle of the separation of the territory is complemented by a differentiated approach to the introduction of the legal regime. According to the latter, should take into account economic, environmental, social and other factors. The legal regime is a special order of legal regulation of actions of participants of the relations. It is expressed as a combination of different legal means-oriented:

1. Ensuring the rational exploitation of resources and their protection in the public interest. In this case as the basis taken the position that the earth is the most important element of nature.
2. Creation of conditions for acquisition, realization and protection of the rights of organizations, citizens and public entities.

Additional information

It is Worth noting that the concept "permitted use" mentioned in the Annex to the letter of Roskomzem No. 1-16/2096. Some species are present in directories and classifiers included in the collections of the automated system of state cadastre, approved by order of ROSNEDVIZHIMOSTI in 2006 in addition, a category referred to the guidelines for state evaluation of land, enacted by the order of Ministry of economic development in 2007 Under the General rules, the types are defined in relation to those areas that have undergone zoning. This procedure in turn for some of the land is required (e.g. for settlements). As shows the analysis of the provisions of planning legislation, one or the other can have areas assigned to different zones. Thus their inclusion in a particular group depends on the category if they are within the urban districts or other areas where you want development. This conclusion is confirmed by other regulating corresponding relations positions. Examples are articles 40-42 of HCC.

Regulatory requirements for owners

In accordance with the legislation, the constituent entities have the right to exploit the land only in accordance with permitted use. Entities may undertake drainage, irrigation and other land reclamation activities in the prescribed manner. View acceptable use involves defining clear objectives and operation of the site. This should take into account the probable limitations, including those associated with fixing the specific types of activities that may lead holder. When choosing one or another permissible use, you must consider that in General the cases do not require permits or coordination with the designated oversight agencies. However, local, Federal, state organs, enterprises, institutions do not fall under this rule. These entities need to go through all the stages and perform all the procedures prescribed by law.