Advanced Search

On Amendments To Certain Legislative Acts Of The Russian Federation

Original Language Title: О внесении изменений в отдельные законодательные акты Российской Федерации

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
RUSSIAN FEDERATION FEDERAL LAW amending certain pieces of legislation Russian Federation adopted by the State Duma on July 4, 2014 Approved by the Federation Council on July 9, 2014 g. N 499-FZ Article 1 Land Code of the Russian Federation (Legislative Assembly Russian Federation, 2001, 4147; 2003, N 27, sect. 2700; 2004, 27, sect. 2711; N 41, sect. 3993; N 52, sect. 5276; 2005, N 1, st. 15, 17; N 10, est. 763; N 30, est. 3122, 3128; 2006, N 1, st. 17; N 17, est. 1782; N 23, st. 2380; N 27, sect. 2880, 2881; N 31, est. 3453; N 43, sect. 4412; N 50, sect. 5279, 5282; N 52, sect. 5498; 2007, N 1, st. 23, 24; N 10, est. 1148; N 21, est. 2455; N 26, st. 3075; N 31, st. 4009; N 45, est. 5417; N 46, st. 5553; 2008, N 20, sect. 2251, 2253; N 29, st. 3418; N 30, est. 3597, 3616; N 52, stop. 6236; 2009, N 1, sect. 19; N 11, est. 1261; N 29, st. 3582, 3601; N 30, stop. 3735; N 52, sect. 6416, 6419, 6441; 2010, N 30, st. 3998; 2011, N 1, st. 47, 54; N 13, est. 1688; N 15, sect. 2029; N 25, est. 3531; N 27, est. 3880; N 29, st. 4284; N 30, est. 4562, 4563, 4567, 4590, 4594, 4605; N 48, st. 6732; N 49, sect. 7027, 7043; N 50, stop. 7343, 7359, 7365, 7366; N 51, est. 7446, 7448; 2012, N 26, sect. 3446; N 31, est. 4322; N 53, sect. 7643; 2013, N 9, sect. 873; N 14, est. 1663; N 23, est. 2881; N 27, sect. 3440, 3447; N 30, est. 4080; N 52, sect. 6961, 6971, 6976, 7011; Russian newspaper, 2014, 27 June) the following changes: 1) Article 12, amend to read: Article 12. The objectives of land protection are the prevention and elimination of pollution, depletion, degradation, destruction, destruction of lands and soils and other negative impacts on land and soil, as well as the sustainable development of land and soil. Use of land, including restoration of soil fertility on agricultural land and land improvement. "; (2) in article 13: (a) in paragraph 1, subparagraph 2, of the words" other negative (harmful) impacts, the result of which "replace" with the words "other negative effects" "; b) in paragraph 8 of the word" adverse (harmful) effects of economic activity "should be replaced by the words" adverse effects "; (3) in article 42: (a) in the second paragraph," and membership of a particular The category of land and the permitted use of "delete; (b) paragraph 8 should read as follows: " avoid pollution, depletion, degradation, decay, destruction of land and soil and other negative impacts on land and soils; "; 4) Law of 31.12.2014 N 499-FZ) 5) in article 54: (a) paragraphs 4 and 5 shall be declared void; b) in paragraph 6 of the words "the material referred to in paragraph 5 of this article" shall be replaced by the words " the information and documents referred to in Article 71, paragraph 9, of this Code "; 6), amend to read: Article 67. State monitoring of land 1. State monitoring of land is part of State environmental monitoring (State environmental monitoring) and is a system of observation, assessment and forecasting aimed at obtaining reliable data Information on the state of the land, their quantitative and qualitative characteristics, their use and the state of soil fertility. State monitoring of land is all land in the Russian Federation. 2. The objectives of State monitoring of land are: (1) the timely detection of changes in the state of the land, the assessment and prediction of these changes, the development of proposals for preventing negative impacts on land, and the elimination of such changes Effects of such exposure; 2) to provide public authorities with information on the state of the environment in terms of the state of the land in order to realize the authorities ' powers in the field of land relations, including implementation powers of State land oversight (including for (a) The administration of the land administration; (3) provision of local governments with information on the state of the environment in terms of the state of the land in order to realize the powers of the authorities in the field Land relations, including municipal land control; 4) providing legal persons, individual entrepreneurs, citizens with information on the state of the environment in terms of land conditions. 3. State monitoring of land is divided into land use monitoring and land monitoring, depending on the objectives of the monitoring. The monitoring of the use of land is monitored for the use of land and plots in accordance with their intended purpose. As part of the monitoring of the state of the land, monitoring of the quantitative and qualitative characteristics of the land is being monitored, including the results of soil observation, contamination, pollution, degradation, land degradation, assessment and forecasting of land change. The Federal Act of 16 July 1998 governs the implementation of State monitoring of land in respect of agricultural land and other categories of land used or provided for agriculture. of the year N 101-FZ "On State regulation of fertility of agricultural land". 4. The results of State monitoring of land are systematized and stored in the State Environmental Monitoring Data (State Environmental Monitoring) Data Fund. Information on the results of State monitoring of land is publicly available. 5. State monitoring of land shall be established by the authorized Government of the Russian Federation by the federal executive authority. "; 7) the title of chapter XII should read as follows: " Chapter XII. THE INTERNAL OVERSIGHT, LAND OVERSIGHT, MUNICIPAL MONITOR AND THE OVERALL LAND-USE CONTROL, CONTROL "; 8), amend to read: " Article 71. State land oversight 1. State land supervision refers to the activities of the authorized federal executive authorities, aimed at preventing, detecting and suppressing violations by state authorities, local authorities, and Legal persons, their leaders and other officials, individual entrepreneurs (hereinafter referred to as legal persons, individual entrepreneurs) and citizens of the requirements of the legislation of the Russian Federation for violations of which OF THE PRESIDENT OF THE RUSSIAN FEDERATION Administrative and other responsibility, through the organization and conduct of inspections of these bodies, legal entities, individual entrepreneurs and citizens, (or) to address the consequences of detected violations and the activities of the designated authorities responsible for systematic monitoring of the implementation of the requirements of the land legislation, analysis and forecasting of the state to the implementation of the requirements of land law State authorities, local authorities, legal entities, individual entrepreneurs and citizens. 2. State land supervision is carried out by the federal executive authorities empowered by the Government of the Russian Federation (hereinafter referred to as the State Land Supervision Authority). 3. The subject of inspections in the exercise of State land oversight is compliance with the objects of land relations by State authorities, local authorities, legal entities, and individual bodies. The Russian Federation provides for the right of citizens to the requirements of the land legislation for violations of which the Russian Federation provides for liability. 4. In the exercise of State land oversight, the provisions of the Federal Act of 26 December 2008 apply to the public authorities, local authorities, legal entities, individual entrepreneurs and citizens. N 294-FZ "On protection of the rights of legal persons and individual entrepreneurs in the exercise of State control (supervision) and municipal control", taking into account the peculiarities set by this Code. 5. State land oversight officials (hereinafter referred to as State land oversight officials) have the right: 1) to carry out planned and unscheduled inspections of compliance OF THE PRESIDENT OF THE RUSSIAN FEDERATION Citizens Information and Documents Required for the checks, including land rights documents and facilities, as well as information on persons using the land for which checks are carried out, in the part relating to the subject of verification; 3) The State Land Supervision Authority's certificate and copy of the order (orders) of the State Land Supervision Authority to gain access to land, including land occupied by the defence and security, as well as other special facilities, and to inspect such land Sites and facilities (in the procedure established for the inspection of such land and facilities and their vismissions) for the exercise of State land supervision; 4) to carry out an administrative survey of land relations; (b) To issue the results of the relevant act; 5) to issue the mandatory requirements for the removal of the violations of the land law identified as a result of the inspections, as well as to monitor the performance of those mentioned above. deadlines; 6) to access The authorities of the internal affairs agencies in order to assist in preventing or combating acts which impede the exercise of State land control, to identify those responsible for violations of the land law; 7) the limits of their competence in cases of administrative offences, including the verification of compliance with the requirements of the land legislation with respect to administrative offences and other acts, OF THE PRESIDENT OF THE RUSSIAN FEDERATION Legislation on administrative offences and send them to the appropriate officials to deal with administrative offences in order to bring the perpetrators to justice, to be considered within the limits of their jurisdiction. competence of administrative offences; 8) to involve experts and expert organizations in the conduct of inspections of compliance with the requirements of the land law; 9) to refer to the public authorities, local authorities for the proposal to bring legal acts, The authorities ' use and protection of land and (or) land, in accordance with the provisions of the Land Law; 10) to exercise other federal powers under the federal law. 6. Service certificates are issued to officials who are authorized to exercise State land supervision. 7. As a result of inspections by officials authorized to exercise State land oversight, audit certificates are drawn up. In the event of the detection of violations of the requirements of the Russian Federation's legislation regarding the acts of verification, the orders for the elimination of the irregularities detected and the deadlines for their elimination are attached to the verification acts. The violations are prosecuted in accordance with the procedure established by the legislation of the Russian Federation. 8. The form of the order to eliminate the detected violation of the requirements of the legislation of the Russian Federation is established by the authorized Government of the Russian Federation by the federal executive authority. 9. In the event of the non-removal of the right holder of the violations specified in the requirement laid down in paragraph 7 of this article within the prescribed period of time, the State land control authority which issued such an order shall, at the latest, not later than Thirty days from the day that the perpetrator was brought to administrative responsibility for failure to comply with such an order informs the application of the relevant documents: 1) the executive body of the State or local government under article 29 of the present The Code, in respect of plots of land in state or municipal property; 2) a public authority or a body of local self-government which, in accordance with the law, has the right to apply to the court The requirement to seize privately owned land for their misuse and to sell them to public tenders for privately owned land. 10. In case a public authority or local authority has received a proposal from the State Land Supervision Authority to bring the legal acts adopted by these authorities on the use and protection of land and (or) of land, in accordance with the provisions of the land legislation, these bodies shall, within thirty days of the receipt of such a proposal, consider it and take measures to eliminate the violations, their causes and conditions, and to inform the public at this time of the Land surveillance, which submitted such a proposal, on the outcome of its consideration and action taken. 11. The State Land Supervision Act is approved by the Government of the Russian Federation. "; 9) to supplement articles 71 to 1 and 71 to 2 as follows: " Article 71-1. { \b } { \b } { \b } { \b } { \b } The planned inspections of compliance with the requirements of the land legislation are carried out in accordance with the annual planning plans (hereinafter referred to as the annual plan) approved by the State Land Supervision Authority; no more than once every three years. The annual plan is subject to coordination with the procuratorial authorities. 2. The annual plan is drawn up for each constituent entity of the Russian Federation. 3. The annual plan includes land rights holders located within the borders of the relevant constituent entity of the Russian Federation. 4. The requirements of paragraph 1 of this article on the frequency of scheduled inspections of compliance by legal persons, individual entrepreneurs, citizens of the requirements of land legislation shall apply to the elaboration and approval of annual reports. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 5. The procedure for the preparation and approval of the annual plan is set out in the State Land Supervision Act approved by the Government of the Russian Federation. 6. Extraordinary inspections of compliance by state authorities, local self-government bodies, legal entities, individual entrepreneurs and citizens with respect to objects of land relations of Russian legislation The Federation is held in cases: 1) of article 10, paragraph 2, of the Federal Act of 26 December 2008, No. 294-FZ " On protection of the rights of legal persons and individual entrepreneurs in the exercise of State control (supervision) and municipal control; 2) The Russian Federation has administrative and other responsibility for the conduct of an administrative survey of the object of violation of the requirements of the Russian Federation's legislation. (3) State land oversight of appeals and applications from legal entities, individual entrepreneurs, citizens, information from State authorities, local authorities on violations of property rights THE RUSSIAN FEDERATION Municipalities, legal entities and citizens. 7. An extraordinary inspection of legal persons and individual entrepreneurs on the grounds referred to in paragraphs 2 and 3 of paragraph 6 of this article shall be carried out by the State Land Supervision Authority after consultation with the Prosecutor's Office. The location of a land relationship subject to an exceptional inspection. 8. The approval of unscheduled inspections with the prosecutor's office regarding citizens, bodies of state power and local self-government bodies is not required. Article 71-2. Administrative survey of objects land relations 1. In the framework of systematic monitoring of the requirements of the legislation of the Russian Federation by officials authorized to carry out State land oversight, an administrative survey of land objects is carried out. Relations. 2. An administrative survey of a land relationship object refers to a study of its status and its uses on the basis of information contained in public and municipal information systems, open and public Information resources, archival collections, information obtained in the course of State monitoring of land, documents prepared as a result of land administration, information obtained by remote methods (remote sensing (including aerospace surveys, aerial photography, soil, agrochemical, phytosanitary, ecological and toxicological surveys) and other methods. 3. In the case of an administrative survey of the subject of land violations, which is an administrative and other responsibility of the Russian Federation, The results of such a survey are subject to an administrative survey of the land object. 4. The procedure for the administrative survey of the land object and the form of an administrative survey of the object of land relations is approved by the Government of the Russian Federation. "; 10) article 72, as follows: editions: " Article 72. Municipal Land Control 1. The municipal land control refers to the activities of local self-government bodies to monitor compliance with state authorities, local authorities, legal entities, individual entrepreneurs and citizens. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Administrative and other liability is provided for. 2. Municipal land control is carried out in accordance with the legislation of the Russian Federation and in accordance with the procedure established by the regulatory legal acts of the constituent entities of the Russian Federation, as well as the regulations adopted in accordance with them. The legal acts of the local self-government bodies, subject to the provisions of this article. 3. Local governments in the urban district exercise municipal land control over the urban areas of the land area. Local governments of urban and rural settlements carry out municipal land control in relation to urban and rural settlements of land. Local governments of the municipal district shall exercise municipal land control in relation to the municipal area of land relations located in the intersected territory of the municipal district. 4. The laws of the constituent entities of the Russian Federation, the cities of the federal importance of Moscow, St. Petersburg, Sevastopol, the powers of local self-government bodies for the exercise of municipal land control and the establishment of the procedure for its implementation, OF THE PRESIDENT OF THE RUSSIAN FEDERATION 5. In the event of the identification of the violation of the requirements of the land legislation in the framework of the exercise of municipal land control, for which administrative and other legislation is provided for in the legislation of the Russian Federation The verification report indicates that there is evidence of a violation. Local government officials send a copy of the said act to the State Land Supervision Authority. 6. Within a period of not more than five working days from the date of receipt of a copy of the inspection certificate referred to in paragraph 5 of this article, the State Land Supervision Authority is obliged to consider the said act and decide on the The institution of an administrative offence or the decision not to initiate an administrative offence and send a copy of the decision to the local government. 7. The Government of the Russian Federation shall establish the procedure for the interaction of State land oversight bodies with the authorities exercising municipal land control. 8. In the event of the identification of a violation of the requirements of the land legislation in the context of the implementation of the municipal land control system, for which the legislation of the constituent entity of the Russian Federation provides for an administrative liability, accountability for the detected violation is carried out in accordance with the said law. "; 11) to supplement Article 72-1, as follows: " Article 72-1. Public land control 1. Public land control refers to the activities of citizens, public associations and other non-governmental non-profit organizations, which are carried out in order to monitor the activities of public authorities and local bodies. Self-government for the adoption of decisions under this Code affecting the rights and legitimate interests of citizens, legal persons, and for the purposes of public scrutiny, analysis and public evaluation of the acts issued by the authorities and the Their decisions. 2. Public land control is exercised in accordance with the law of the Russian Federation. "; replace the words "adverse effects on land"; 14) in article 77, paragraph 2, of the word "adverse effects"; Article 95, paragraphs 4 and 6, the word "(harmful)" should be deleted. Article 2 Amend the Federal Act of 6 October 2003 No. 131-FZ on the general principles of the organization of local self-government in OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3822; 2005, N 1, st. 17, 25; 2006, N 1, sect. 10; N 23, Art. 2380; N 30, sect. 3296; N 31, 100 3452; N 43, sect. 4412; N 50, sect. 5279; 2007, N 1, sect. 21; N 21, est. 2455; N 25, st. 2977; N 43, sect. 5084; N 46, st. 5553; 2008, N 48, sect. 5517; N 52, sect. 6236; 2009, N 48, sect. 5733; N 52, est. 6441; 2010, N 15, sect. 1736; N 49, sect. 6409; 2011, No. 17, sect. 2310; N 29, st. 4283; N 30, est. 4572, 4590, 4591, 4594, 4595; N 48, st. 6730; N 49, sect. 7015, 7039; 2012, N 26, est. 3444, 3446; N 50, est. 6967; 2013, N 14, est. 1663; N 19, est. 2325; N 27, sect. 3477; N 43, sect. 5454; N 48, st. 6165; N 52, sect. 6981, 7008; 2014, N 14, st. 1562; N 22, est. 2770; Russian newspaper, 2014, 25 June) the following changes: 1) in article 14, paragraph 20, paragraph 20, of the word "the exercise of municipal land control over the use of the settlement's land" shall be replaced by the words " the implementation of the municipal "land control at the borders of the settlement"; 2) Part 1 of Article 15 to supplement paragraph 35 with the following: "35) the implementation of municipal land control in the intersected territory of the municipal district."; Article 16, part 1, paragraph 26, of the words " the implementation of the municipal land Control of the use of urban land "shall be replaced by the words" the implementation of municipal land control within the boundaries of the city district ". Article 3 Part 4 of Article 1 of the Federal Law dated December 26, 2008 N 294-FZ " On protection of the rights of legal persons and individual entrepreneurs in the exercise of state control (supervision) and municipal of the Russian Federation. 6249; 2009, N 18, sect. 2140; N 29, st. 3601; N 52, sect. 6441; 2010, N 17, sect. 1988; N 31, sect. 4160, 4193; 2011, N 17, sect. 2310; N 30, sect. 4590; N 48, st. 6728; 2012, N 26, est. 3446; 2013, N 27, sect. 3477; N 30, est. 4041; N 52, sect. 6961, 6979, 6981; Russian newspaper, 2014, 25 June) to supplement paragraph 31, reading: "31) State land supervision and municipal land control." Article 4 1. Recognize that no force is in force: 1) Article 86, paragraph 8, of the Federal Law of July 23, 2008 N 160-FZ " On making changes to individual OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3616); 2) paragraph 3 of article 16 of the Federal Law of 25 June 2012, No. 93-FZ " On amendments to selected legislative acts OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3446); 3) paragraphs 6 to 8 of Article 1 of the Federal Law of 7 June 2013 N 123-FZ " On making changes to the Land The Russian Federation's Land Code, 2013, N 23, and Article 3 of the Russian Law on the Implementation of the Land Code of the Russian Federation. 2881). 2. Article 1, paragraph 32, and article 1, paragraph 35, of the Federal Law of 23 June 2014 "On amendments to the Land Code of the Russian Federation" OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 5 This federal law shall enter into force on 1 January 2015. President of the Russian Federation Vladimir Putin Moscow, Kremlin 21 July 2014 N 234-FZ