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On Amendments To Certain Legislative Acts Of The Russian Federation With Regard To The Improvement Of Land Seizures Of Farmland In Their Non-Use For The Intended Purpose Or Use.

Original Language Title: О внесении изменений в отдельные законодательные акты Российской Федерации в части совершенствования порядка изъятия земельных участков из земель сельскохозяйственного назначения при их неиспользовании по целевому назначению или использовании...

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RUSSIAN FEDERATION FEDERAL LAW amending certain pieces of legislation Agricultural lands , when they are not used for their intended purpose or use with violation of Russian legislation adopted by the State Duma on June 17, 2016 Approved by the Federation Council on June 29, 2016 Article 1 Article 1 of the Russian Federation Civil Code (Russian Federation Assembly of Laws, 1994, No. 32, Art. 3301; 2007, No. 27, sect. 3213; 2014, No. 26, est. 3377; 2015, No. 1, est. 52; No. 10, sect. (1412) The following changes: (1) in article 272, paragraph 3, of the word "misuse (article 286)" should be replaced by the words "not intended use or use in violation of Russian legislation"; (2) Article 284 should read as follows: " Article 284. Removal of a land which is not is used for the purpose of purpose Land may be withdrawn from the owner in cases where the plot is intended for agriculture or housing or inocus Construction and not being used for the purpose of appointment for three years, if a longer period is not established by law. This period does not include the time required for the development of the land, except when the land area is for agricultural land, the turnover of which is regulated by Federal Act No. 101 of 24 July 2002 " On turnover of agricultural land ", as well as the time during which the site could not be used for the purpose due to natural disasters or other circumstances excluding such use."; 3) 285 spell out the following: " Article 285. Exemption of land used with violation of Russian legislation Land may be withdrawn from the owner if the use of the plot is carried out in violation of the requirements of the law The Russian Federation, in particular, if the site is misused or used, leads to a significant reduction in the fertility of agricultural land or damage to the environment. "; 4) The title of article 286 should read as follows: " Article 286. Procedure for withdrawal of a plot of land, not used for purpose or in violation of the legislation of the Russian Federation; 5) in article 449-1: (a), paragraph 1, after the words "executive production" should be supplemented by the words ", as well as in other cases established by law"; b, paragraph 2, to be supplemented with the words ", as well as by a public authority or a local authority in the cases established by law"; (c) the first paragraph of paragraph 4 should be supplemented with the words ", or if The organizer of the public auction is the public authority or local government body, on the website of the relevant body. Article 2 Amend Land Code of the Russian Federation (Collection of Russian legislation, 2001, No. 44, st. 4147; 2003, No. 27, sect. 2700; 2004, No. 27, sect. 2711; 2005, No. 10, sect. 763; No. 30, sect. 3122; 2006, No. 23, sect. 2380; No. 50, sect. 5279; No. 52, sect. 5498; 2007, No. 21, est. 2455; No. 26, sect. 3075; 2008, No. 30, sect. 3597, 3616; 2009, No. 30, sect. 3735; 2011, No. 30, sect. 4590; No. 50, sect. 7366; 2013, No. 23, est. 2881; No. 27, sect. 3440, 3477; No. 52, sect. 7011; 2014, No. 26, Text. 3377; No. 30, sect. 4235; No. 43, sect. 5799; 2015, No. 1, st. 52; No. 10, sect. 1418; No. 41, sect. 5631; No. 48, sect. 6723; 2016, No. 1, est. 80; No. 18, sect. 2495; no. 22, sect. 3097), the following changes: 1) Article 27, paragraph 7, amend to read: " 7. Paragraph 6 of this article does not apply to land-related agricultural purposes, garden plots, land plots, land plots for personal subsistence production, garage construction (in the number of individual garage facilities) as well as the land where the immovable property is located. "; (2) in article 39, paragraph 2, article 39, paragraph 2, of the word" improper use of the land " shall be replaced The Conference of the Parties, the use of a plot of land in violation of the Russian legislation "; 3) in article 45, paragraph 2 (2): (a) in the first paragraph," for improper use of the land "shall be replaced by the words" at the time of the the use of a plot of land in violation of the requirements of Russian legislation; b) the second paragraph should read: " Use of the land is not intended for purpose or if it is not Use leads to a significant reduction in the fertility of the land (a) " (...) (...) (...) The turnover of which is regulated by the Federal Law "On turnover of agricultural land", "; 4) in article 54: (a) the name should read: Article 54. The procedure for the withdrawal of a land, granted to the right to life of inherited possession, the right of permanent (indefinite) usage, due to the non-use of the land on the target the use of a land plot with a violation of the Russian law of the Russian Federation "; b) in paragraph 1 of the word" improper use of the land "should be replaced by" administrative Offences relating to the non-use of land for the purpose or use, in violation of the legislation of the Russian Federation, "; , in paragraph 2, the words" improper use of the land "shall be replaced by the words" of the administrative offence connected with the Non-use of the land plot for the purpose or use of the land in violation of the Russian legislation; g) in paragraph 9 of the word "improper use of the land" should be replaced by "non-utilization" Land for the purpose intended or used in violation of the Russian Federation "; 5) in article 71, paragraph 9, subparagraph (2), of the word" improper use "to read" misuse " of the Russian Federation "; 6) in Article 71-1: (a) paragraph 6, add the following sentence: " (5) Article 6, paragraph 16, of the Federal Law on the Trafficking of Agricultural Land. "; (b) Paragraph 8, after the words "local self-government", should be supplemented with the words ", Legal persons on the basis referred to in paragraph 6 (5) of this Article, "; 7), to supplement paragraph 4 with the following: " 4. Land from agricultural land not more than thirty kilometres from the boundaries of rural settlements cannot be used for purposes other than agriculture. " Article 3 Article 3, paragraph 2, of the Federal Law of 25 October 2001 No. 137-FZ " On the enactment of the Land Code OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2001, No. 44, sect. 4148; 2006, No. 17, sect. 1782; 2008, No. 30, sect. 3597; 2009, No. 19, sect. 2281; 2010, No. 30, sect. 3999; 2014, No. 26, est. 3377; 2016, No. 22, st. 3097), the following changes: 1) to add a fourth paragraph to the following: " Land of agricultural land occupied by inland roads, communications, forest plantations, In order to protect lands against adverse effects, water bodies, with the exception of land owned by the Russian Federation, the property of municipal entities, citizens and legal entities or granted to natural or legal persons The right; "; (2) paragraph 4 is considered to be fifth paragraph. Article 4 Amend the Russian Federation Code of Administrative Offences (Legislative Assembly of the Russian Federation) Russian Federation, 2002, No. 1; 2005, No. 10, est. 762; 2007, No. 26, est. 3089; 2010, No. 1, sect. 1; 2011, No. 1, est. 47; 2014, No. 6, sect. 557; No. 42, sect. 5615; 2015, No. 10, sect. 1416) the following changes: 1) in Article 8.8: (a) Part 1, after the words "Parts 2", add ", 2-1"; b) in the first paragraph of Part 2 of the word "Federal Act," the exception to the case provided for in Part 2-1 of this Article, "; in) to be supplemented by Part 2-1 as follows: " 2-1. Non-use of land from agricultural land regulated by Federal Act No. 101 of 24 July 2002 "On the turnover of agricultural land", earmarked for one 1. Year after the establishment of ownership, if acquired by a public auction on the basis of a decision of the court to seize it in connection with the non-use of the target or the use of a violation OF THE PRESIDENT OF THE RUSSIAN FEDERATION The competent authority of the executive authority for the exercise of State land surveillance shall be informed of its non-use for the purpose of purpose or use in violation of the legislation of the Russian Federation during the period of time, Article 6, paragraph 3, of Federal Act No. 101 of 24 July 2002 "On the turnover of agricultural land",- entails the imposition of an administrative fine on citizens and individual entrepreneurs, in the amount of 0.1 up to 0.3 per cent of the cadastral value of the land area, but not less than two thousand For legal entities-from 1 to 6 percent of the cadastral value of the land plot, but not less than 100,000 roubles. "; 2) in Part 1 of Article 23.15, the words" Part 2 and 2-1 "were replaced by the words" Parts 2 and 2 ". Article 5 Act No. 101-FZ of 24 July 2002 "On the turnover of agricultural land" (Legislative Assembly of the Russian Federation) Russian Federation, 2002, No. 3018; 2003, No. 28, sect. 2882; 2004, No. 41, sect. 3993; 2005, No. 30, sect. 3098; 2009, No. 19, sect. 2283; 2011, No. 1, sect. 47; 2012, No. 26, est. 3446; 2013, No. 23, sect. 2866; No. 49, sect. 6328; No. 52, sect. 7011; 2014, No. 26, Text. 3377) the following changes: 1) Paragraph 1 of Article 1, second paragraph 1, amend to read: " This Federal Act does not apply to agricultural land belonging to the agricultural land, Dacha land plots, land plots for personal support, garage construction (including individual garage construction), as well as land plots where facilities are located Real estate. The above-mentioned land parcels are regulated by the Land Code of the Russian Federation. "; Forced withdrawal of land from the land agricultural destination and termination of rights to land from the land of the agricultural land a target or use with a violation of the legislation of the Russian Federation and the peculiarities of the acquisition of the rights to such land 1. Forced withdrawal of land from the agricultural land of the owner, forced termination of the right of permanent (indefinite) use, right of life of inherited possession, right of free use The land plot of agricultural land and the lease rights of such land are exercised in accordance with the Civil Code of the Russian Federation, the Land Code of the Russian Federation and this Federal Law. 2. Land from agricultural land, except for a plot of land which is the subject of a mortgage, as well as a land where the court has initiated bankruptcy proceedings, may be forced to do so if the land is used in violation of the requirements established by the legislation of the Russian Federation, which resulted in a substantial reduction in soil fertility in the agricultural land or causing harm to the environment. The Government of the Russian Federation sets the criteria for a substantial reduction in soil fertility of agricultural land. The environmental damage is determined in accordance with Federal Act No. 7-FZ of 10 January 2002 on the protection of the environment. 3. A plot of land from an agricultural land, with the exception of a plot of land which is the subject of a mortgage, the land where the owner is sued by the court may be seized from Judicial proprietor if, for three years or more, from the time when the State land oversight was discovered, the fact of the non-use of a land plot for the purpose or use of the violation OF THE PRESIDENT OF THE RUSSIAN FEDERATION Agriculture or other agricultural activities. Signs of non-use of land for purposes of destination or use in violation of Russian legislation, taking into account the peculiarities of agriculture or other related agricultural activities. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4. The time period specified in paragraph 3 of this article shall not include a period during which a plot of land from agricultural land may not be used for purposes of destination due to natural disasters or other circumstances, exclusive use. The period for the development of a plot of land from agricultural land shall be included within the period specified in paragraph 3 of this article. 5. A compulsory withdrawal of a land from the agricultural land of its owner on the grounds provided for in this article may be subject to the non-removal of the violations referred to in paragraphs 2 and 3 of this article. after the imposition of an administrative penalty. 6. In the event that the offences set out in paragraphs 2 and 3 of this article are not remediable within a time limit established by the imposition of an administrative penalty by an order authorized by the executive authority for implementation State land supervision, which issued Rule: 1), provides evidence of the non-elimination of the offences set out in paragraphs 2 and 3 of this article in the executive authority of the constituent entity of the Russian Federation; 2) applies in the manner prescribed by the Federal Law of July 13, 2015 No. 218-FZ "On State Registration of Real Estate", to the executive power body, which is authorized in the field of state registration of real property rights and transactions with it, declaration of impossibility of state registration of transition, The termination, limitation of the right to land or encumbering of land from agricultural land until the court has concluded its consideration of the case for its seizure under one of the grounds set out in paragraphs 2 and 3 of this article. 7. The executive authority of the constituent entity of the Russian Federation shall, within two months of the receipt of the materials referred to in paragraph 6 of this article, apply to the court for the withdrawal of the land from the agricultural land and its sale from public bidding on one of the grounds set out in paragraphs 2 and 3 of this article. 8. Within six months from the date of the entry into force of the court's decision to withdraw the land from agricultural land and to sell it from public tenders on one of the grounds set out in paragraphs 2 and 3 of this article, The authority of the executive branch of the constituent entity of the Russian Federation in respect of such a plot shall ensure that the cadastral works are carried out, if necessary, and that the type of permitted use (if there is no land) of the land is carried out, as well as conduct a public auction for its sale in the manner determined by the land The law shall, in the light of the circumstances set out in this Federal Act. 9. Legal entities, the founder (participant) of which is the owner of a plot of land from the agricultural land in respect of which the decision to seize such a land has been made, members of the family of the owner of such land of the land area, the employees of these organizations, the officials of the public authorities, the local authorities, whose participation in the tender may affect the conditions and The results of the bidding, the members of the families of the individuals concerned, cannot Participate in public tenders, including through a public offering, for the sale of such land. Transactions in violation of this rule are invalid. 10. The initial price of the seized land on public tenders is the market value of such a land, determined in accordance with Federal Act No. 135-FZ of 29 July 1998 on valuation activities in the Russian Federation, or The cadastral value of this land area, if the results of the State cadastral valuation are not earlier than five years before the date of the decision to hold public tenders. The method of determining the initial price of the seized land in public tenders shall be specified in the decision of the court to seize the land and sell it from public tenders on one of the grounds set out in paragraphs 2 and 3 of this article. 11. In the event that the Federal Act No. 101-FZ of 16 July 1998 on "State regulation of the fertility of agricultural land" determined that land from the land Agricultural destination is in an unsuitable state of agriculture due to the need for cultural reclamation, the initial price of such land is reduced by the cost of The need to carry out work on cultural reclamation in the This is a land plot, but not more than 20 per cent. 12. The procedure for determining the cost of the cultural reclamation work necessary to bring the land from agricultural land to a state suitable for agriculture shall be determined by the competent authority The executive branch, which is responsible for the formulation and implementation of public policies and regulations in the area of land relations (in the area of agricultural land), Monitoring of such lands. 13. If public tenders for the sale of land from agricultural land are declared invalid, a second public tender shall be held no later than two months after the first public tender. The starting price of a land plot from agricultural land in rebidding is reduced by 20 per cent of the initial price of such a land in public tenders recognized as failed. 14. In the event that a resale of the sale of a land has been declared invalid, the land will be sold through a public offering. The starting price of the land sale by means of a public offering shall be set at the initial price of rebidding. The sale price of such a land parcel cannot be less than 50 per cent of the initial bid price. If the land is not sold at the auction by means of a public offering, within one month from the date of the recognition of the tender data, the land parcel may be acquired in the municipal property of the settlement or city The district in which it is located is at the lowest bid price in the form of a public offering. However, if such land is not acquired in municipal property within a specified period, the executive branch of the constituent entity of the Russian Federation shall within one month from the date of expiry of the period during which the land may be acquired in municipal ownership, it is the obligation to purchase such a plot of land in the state property at the lowest tender price in the form of a public offering. 15. The proceeds from the sale of a plot of land from the land of agricultural use from public tenders or the acquisition of such land to state or municipal property shall be paid to the former owner of the land Section less the cost of preparation and conduct of public tenders, including the costs of conducting cadastral works, assessing the market value of such land and surveying it in accordance with the Federal Act of 16 July 101-FZ " On State regulation of fertility Agricultural land ". 16. In the case of the acquisition of a plot of land from agricultural land on the basis of a court decision on the seizure of land due to the non-use of the target or the use of a violation of the law The Russian Federation and (or) land on which the authorized body of the executive authority for the exercise of State land control has information on its non-utilization for three years or more on the target for agriculture or other related Agricultural production, the owner of such a land parcel is obliged to start using it for the purpose of the intended use within a year of the creation of ownership of such land. Authorized body of the executive branch for the exercise of State land oversight within one year of the ownership of such land from the agricultural land carries out State land monitoring of compliance with the requirements for the use of such a land for the purpose intended. 17. A citizen or legal entity who has acquired ownership of a plot of land from agricultural land on the basis of a decision of the court to seize it in connection with the non-use of the land The appointment or use of a violation of the legislation of the Russian Federation and the (or) land area for which it has been reported for three years or more on a target for agriculture or other agricultural production activities, and not The use of such a plot of land for the purpose of the purpose of the assignment within one year of the establishment of the right of ownership to it shall be held liable in accordance with the procedure established by the legislation of the Russian Federation. 18. The body, which performs state registration of rights to immovable property and transactions with it, is obliged to report to the authorized body of the executive authorities on a monthly basis not later than the 15th of the month following the reporting month State land oversight (with respect to land parcels from agricultural land regulated by this Federal Law) on the State registration of land rights over land for which the United Nations The State Register of Real Estate contains information on the results of state land oversight, indicating the non-use of such a plot of land for purposes of destination or use in violation of the law of the Russian Federation. Information on the State registration of land ownership is presented in electronic form. 19. The format of the information referred to in paragraph 18 of this article to the authorized body of the executive authority for the exercise of State land shall be approved by the Commissioner. The executive branch of the State Land Supervision Authority and the body conducting the state registration of the rights to immovable property and transactions with it. 20. The procedure for the submission of information referred to in paragraph 18 of this article shall be established by an agreement between the competent authority of the executive branch for the exercise of State land oversight and the body exercising public authority. Registration of real property rights and transactions. 21. Information on the State registration of the transfer of rights referred to in paragraph 18 of this article shall be submitted to the authorized body of the executive branch for the exercise of State land supervision free of charge. 22. Characteristics of the enforced termination of the right of permanent (indefinite) tenure, the right of life of inherited possession, the right of free use of land from agricultural land, and the lease rights of such land Section, as well as the withdrawal of the land from agricultural land for state or municipal purposes in connection with the implementation of the measures provided for in Federal Act No. 108-FZ of 7 June 2013 on the preparation and 2018 FIFA World Cup in Russia The 2017 FIFA Confederations Cup and the 2018 FIFA World Cup will be held from June 17 to July 2, 2017, with the following amendments to the FIFA Confederations Cup and the 2017 FIFA Confederations Cup and the 2018 FIFA World Cup. Land from agricultural land in state or municipal ownership is provided for up to five years by peasant (farmer) farms, agricultural organizations participating in the land in State support programmes in the field of agricultural development, agriculture or other agricultural activities without bidding. In the event of a number of applications for such land to be made to the executive branch or the local government authority competent for the management of land from agricultural land The land plot is granted in accordance with article 39 to 18 of the Land Code of the Russian Federation. "Article 15, paragraph 2, of the Federal Act Article 7 Amend the Federal Law of 13 July 2015 No. 218-FZ "On State Registration of Real Estate" (Legislative Assembly Russian Federation, 2015, No. 29, 444; 2016, No. 18, sect. 2484, 2495; no. 3296) the following changes: 1) to add the following content to Article 36-1: " Article 36-1. Rules for submitting to the Unified State Register real property records of impossibility state registration of transition, termination, restriction of land land land plot of land an agricultural target or encumbering of such a land until the court completes its review of the case } { } { \field { \field { \field { \field { \field { \field } } { \field { \field { \field { \field { \field } } violation of Russian legislation 1. Record of non-State registration of the transition, termination, restriction of the right to land from agricultural land or encumbering of such land until the court has completed its consideration of the case In the case of a violation of the Russian Federation's legislation on a registered right to such a land plot, it is entered into the Unified State Register of Real Estate on the basis of Statement by the Commissioner of the Executive State land oversight, as well as evidence of the non-elimination of offences related to the non-use of such land for the purpose or violation of the Russian legislation The Federation, for a period not exceeding five working days from the date of admission by the registration authority of the relevant application. 2. Recording in the Single State Register of Real Estate that the State registration of the transition, termination, restriction of the right to land from the agricultural land or encumbering of such land is not possible. OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the Federation and of the court's refusal to meet the demand of the organ OF THE PRESIDENT OF THE RUSSIAN FEDERATION Registration of the transfer of the ownership of a person who has acquired such a plot of land on the basis of the results of the public tender, or at the same time as the State registration of the ownership of the subject of the Russian Federation or of municipal education This land. 3. Recording in the Single State Register of Real Estate that the State registration of the transition, termination, restriction of the right to land from the agricultural land or encumbering of such land is not possible. The conclusion of the court's consideration of the case for its seizure in connection with the misuse or violation of the legislation of the Russian Federation is also being extinguishedly repaid without the statement of the right holder on the basis of the application of any the person concerned and who has entered into the legal force of the records. 4. The existence of the record in this article in the Single State Register of Real Estate is the basis for the return without consideration of the claim submitted by the owner of the land from the agricultural land or his or her land. The legal representative for state registration of the transition, termination, restriction of the right to the appropriate land or encumbering of the corresponding land area. The registration authority shall be required to notify the applicant in writing of the return of the said application, without having to consider the reason for the return within five working days of the date of adoption of the declaration. "; 2), to supplement Article 60-1, to read: " Article 60-1. State registration of rights to land from the land agricultural destination due to non-use by target assignment or use with OF THE PRESIDENT OF THE RUSSIAN FEDERATION State registration of the origin, termination or transfer of rights to land from agricultural land for which the court decided to seize and sell a public tender for non-use In accordance with the Federal Act No. 101 of 24 July 2002 "On the turnover of agricultural land", OF THE PRESIDENT OF THE RUSSIAN FEDERATION A local government body or a person who has acquired such a land on the basis of a public auction of its sale. 2. Grounds for State registration of the emergence, termination or transfer of rights to land from agricultural land seized in connection with non-use of a target or use with violation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3. The lack of State registration of land rights from agricultural land confiscated in connection with the misuse or misuse of the Russian Federation legislation is not obstacle to the implementation of State registration of the emergence, the transfer of rights to such a land. The provisions of article 69, paragraph 3, of this Federal Act shall not apply. 4. A statement of the State cadastral register on behalf of persons whose right to land is to be terminated in accordance with the decision of the court to withdraw it, is entitled to appeal to the executive authority of the constituent entity of the Russian Federation. " Article 8 1. This Federal Law shall enter into force on the date of its official publication, with the exception of the provisions for which this article has been set differently. 2. Paragraphs 8 to 10, 22nd, paragraph 2, article 5, paragraph 2, and article 7 of this Federal Law shall enter into force on 1 January 2017. President of the Russian Federation Vladimir Putin Moscow, Kremlin , July 3, 2016 No. 354-FZ