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Amending The Land Code Of The Russian Federation And Article 3 Of The Federal Act On The Entry Into Force Of The Land Code Of The Russian Federation "

Original Language Title: О внесении изменений в Земельный кодекс Российской Федерации и статью 3 Федерального закона "О введении в действие Земельного кодекса Российской Федерации"

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amending the Land Code of the Russian Federation and Article 3 of the Federal Law "On Introduction to the Land of the Code" Russian Federation " Adopted by the State Duma on May 24, 2013 Approved by the Federation Council on 29 May 2013 (In the wording of federal laws dated 21.07.2014. N 234-FZ; , 31.12.2014 N 499-FZ Article 1 Land Code of the Russian Federation (Legislative Assembly Russian Federation, 2001, 4147; 2006, N 52, sect. 5498; 2008, N 30, est. 3616; 2011, N 30, sect. 4590) The following changes: 1) Article 45 should be redrafted to read: Article 45. Grounds for termination of the right of permanent (termally) land section, right of life inherited ownership of the land 1. The right of permanent (perpetual) land use, the right to lifetime inheritance of land is discontinued when the land user, the landowner, is denied the right to land on terms and in order, which are provided for in article 53 of this Code. 2. The right of permanent (indefinite) land use, the right to lifetime inheritance of land is terminated by force: 1) when the land is not used properly, namely: Using a plot of land with gross violation of land management rules, including if the site is not used in accordance with its intended use or its use leads to a significant reduction in fertility Agricultural land or significant environmental degradation; Porcee of the land; non-compliance with land reclamation duties, mandatory land improvement and soil conservation; for purposes of destination; non-utilization of land for agricultural production or for housing or other construction, for the purposes specified, for a period of three years, if there is no longer a longer period Federal law. During this period, the time required for the development of the site is not included, as well as the time during which the site could not be used for the purpose due to natural disasters or other circumstances precluing such use; (2) when removing land for state or municipal needs in accordance with the rules laid down in article 55 of this Code; (Uexpelated-Federal Law from 31.12.2014 N 499-FZ 3. Termination of the right of permanent (indefinite) use of the land, the right of life of inherited possession of the land on the grounds referred to in paragraph 2 (1) of this article shall be exercised in accordance with the rules; under article 54 of this Code, except as provided by federal law. "; (2) in article 46: (a), article 46, paragraph 2, shall be worded as follows: " 2. In addition to the grounds referred to in paragraph 1 of this article, the lease may be terminated at the initiative of the lessor on the grounds provided for in article 45, paragraph 2, of this Code. "; 2 paragraph 2 of this article, "shall be replaced by the words" in the second indent of article 45, paragraph 2 (2) of this Code, "; 3), to read as follows:" Article 54. Method of withdrawal of land, granted on the right of life inherited possession, right of permanent (indefinite) usage, due to improper use of a plot of land 1. The termination of the right to life of inherited possession of the land, the right of permanent (permanent) use of the land on the grounds referred to in article 45, paragraph 2, subparagraph 1, of the present Code shall be implemented by The basis of the court act on the seizure of land (subject to the non-elimination of the improper use of the land after the imposition of an administrative penalty), except in the cases referred to in paragraph 2 of this article. 2. Compulsory termination of the right of permanent (indefinite) land use granted to a State or municipal institution, executed entity (excluding State academies of sciences established by such academies) under article 45, paragraph 2 (1) of the Code, shall be implemented by decision of the executive branch of the State or the local self-government bodies provided for in the article. 29 of this Code, on the seizure of land (subject to the failure to eliminate the improper use of land). 3. The procedure for the approval of a decision by the executive branch of the State or the local government to remove the land in accordance with paragraph 2 of this article shall be determined by the Government of the Russian Federation. class="ed"> (Overtaken by federal law of 21.07.2014) N 234-FZ) N 234-FZ) N 234-FZ) 6. The executive body of the State or local self-government referred to in article 29 of this Code shall, upon receipt of the materials referred to in paragraph 5 of this article, submit a request for the seizure of the land or In the case referred to in paragraph 2 of this article, it shall decide to seize the land on its own. 7. In case of existence in the Unified State Register of rights to immovable property and transactions with it a record of the right to life of inherited possession of the land, the right of permanent (permanent) use of the land plot by the executive body State authorities or local self-government bodies provided for in article 29 of this Code are obliged to apply to the authority exercising State registration of rights to immovable property and transactions with it, with a declaration of State authority. Registration of the termination of such a right to a land plot with a copy application Decisions to seize a plot of land or a copy of a court order that has entered into force within 10 days from the date of the decision to seize the land or from the day of the entry into force of the court act Seizures of land. 8. The executive body of the State or local government, as provided for in article 29 of this Code, is obliged to report on the termination of the right of life of inherited possession of the land, the right of permanent (indefinite) The use of land for which records have not been recorded in the Unified State Register of Real Property Rights and Transactions, to the tax authority at the location of the specified land area and to the cadastre and cadastre authorities. State real property cadastre, within seven days from the date of adoption The decision to seize the land or from the day of the entry into force of the court act on the seizure of land. 9. The decision of the executive branch of the State or local government provided for in article 29 of the present Code on the confiscation of land for improper use of the land may be appealed in the courts. "; 4) to add article 76 to paragraph 4 reading: " 4. The forced termination of land rights does not relieve the obligation under this article to compensate for the damage caused by land offences. ". Article 2 Article 3 of the Federal Law dated October 25, 2001 N 137-FZ "On the introduction of the Land Code of the Russian Federation" (Collection of Laws of the Russian Federation, 2001, N 44, Art. 4148; 2003, N 28, sect. 2875; N 50, sect. 4846; 2004, N 41, sect. 3993; 2005, N 1, article 17; N 25, est. 2425; 2006, N 1, article 3, 17; N 17, est. 1782; N 27, est. 2881; N 52, sect. 5498; 2007, N 7, st. 834; N 31, est. 4009; N 43, sect. 5084; N 46, st. 5553; N 48, st. 5812; 2008, N 30, sect. 3597; 2009, N 19, sect. 2281; N 29, st. 3582; N 52, sect. 6418, 6427; 2011, N 1, st. 47; N 13, est. 1688; N 30, est. 4562; N 49, sect. 7027; N 51, sect. 7448; 2012, N 27, sect. 3,587; N 53, est. 7614, 7615) to supplement paragraphs 23 to 25 as follows: " 23. Until the Government of the Russian Federation has established article 54, paragraph 3, of the Land Code of the Russian Federation, the procedure for the seizure of land granted to a State or municipal institution, or (except for the State Academies of Sciences established by such academies of sciences and/or its subordinate institutions), due to its improper use, the decision to seize the land is taken by the court. 24. Compulsory termination of the right of permanent (permanent) use of the land allocated until the date of the introduction of the Land Code of the Russian Federation to the Federal State Unitary Enterprise (excluding those established by the State) by the State Academies of Science and (or) State Unitary Enterprise), the State unitary enterprise of the constituent entity of the Russian Federation or a municipal unitary enterprise, on the basis of the subparagraph 1, paragraph 2, of the Land Code of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION The establishment or the executed enterprise. 25. In case of absence in the Unified State Register of rights to immovable property and transactions with it, the right of permanent (permanent) tenure of land is terminated "Since the date of entry into force of the court act on the seizure of the land or from the date of acceptance in accordance with article 54, paragraph 2, of the Land Code of the Russian Federation, decisions of the executive body of the state power or body of the local government" Self-governance on land removal. ". Article 3 The law enters into force at the expiration of ninety days after its official publication. President of the Russian Federation Vladimir Putin Moscow, Kremlin on June 7, 2013 N 123-FZ