In Russia, agriculture has always been the main branch of the economy. Agricultural lands are of particular importance as a means of agricultural production and are the second largest category of lands of the unified land fund. Russian Federation. Fertile soils are an invaluable national asset. Agricultural lands, due to their special importance, require special protection. However, currently more than 41 million hectares of agricultural land is not cultivated, which is 18% of all agricultural land, and about 26% of land shares remain unclaimed. According to the Accounts Chamber total area agricultural land in Russia for 2008-2011. decreased by 9.8 million hectares. As of January 1, 2011, agricultural land in Russia accounted for 23.0% (393.4 million hectares), and the area of land classified in this category in Russia as a whole amounted to 19.6 million hectares.
Agricultural lands are recognized as lands located outside the boundaries of the settlement and provided for the needs Agriculture, as well as those intended for these purposes (clause 1, article 77 of the Labor Code of the Russian Federation). Lands of this category can be used for agricultural production, creation of protective plantings, research, educational and other purposes related to agricultural production.
Purpose should be understood as a special direction of land use, depending on the role that land plays in social relations. Land is a means of production, a base for the development of industry, a place where people live and the location of all existing natural objects. The use of a land plot has its own characteristics, which constitutes a special legal regime for each category.
As part of agricultural land, agricultural land, land occupied by on-farm roads, communications, forest plantations intended to ensure the protection of land from the impact of negative (harmful) natural, anthropogenic and man-made phenomena, water bodies, as well as buildings, structures, structures used for the production, storage and primary processing of agricultural products (clause 2, article 77 of the Land Code of the Russian Federation). The area of non-agricultural land in the structure of agricultural land in Russia is (according to 2010 data) 197.3 million hectares.
Agricultural lands are subject to special protection. These include arable land, hayfields, fallow lands, lands occupied by perennial plantations. Their use for other purposes is allowed only in exceptional cases, for example, if these lands are to be used for defense purposes, construction of schools and hospitals, etc. (Article 79 RF LC).
In accordance with paragraph 2 of Article 7 of the Land Code of the Russian Federation, the legal regime of lands is determined on the basis of their belonging to one category or another in accordance with the zoning of territories, general principles and the procedure for conducting which is established by federal laws and the requirements of special federal laws.
The legal regime for the use of agricultural land is determined by two groups of norms. The first group includes norms that ensure the preservation of the area of land used in agricultural production. Thus, Article 79 of the Land Code of the Russian Federation prohibits and limits the withdrawal of land from agricultural production and it is recommended to provide land of poorer quality or not used in agricultural production for non-agricultural production.
The second group includes norms that ensure the preservation of the qualitative characteristics of agricultural land and are contained in various regulatory legal acts, primarily in the Land Code of the Russian Federation. Thus, Chapter II "Land Protection" defines the obligations of owners land plots, landowners, land users and tenants of land in the field of land protection.
The earth is the basis of life and activity of the peoples of the Russian Federation, the main component and fundamental natural resource of the environment. Without land it is impossible to use such Natural resources as subsoil, water, forests, flora and fauna.
the federal law dated 10.01.2002 No. 7-FZ “On Environmental Protection” defined environmental quality standards, some of which are applicable to land plots, for example, standards for the maximum permissible concentration of harmful substances in soil, as well as standards for the use of minerals and agrochemicals. The law also provides for environmental requirements for agricultural (reclamation) work.
The requirements for the protection of agricultural land were contained in the "Definition of the basic concepts of types of violations of land legislation", approved. Roskomzem 03/29/1994 No. 3-14-1 / 404:
soil fertility is the ability of the soil to meet the nutrient needs of crops and ensure their productivity;
reproduction of soil fertility is the preservation of soil fertility through the implementation of appropriate measures;
soil pollution is the content of chemical compounds, radioactive elements and biological substances in soils in quantities that have a harmful effect on human health, the environment and soil fertility.
Federal Law No. 101-FZ dated July 16, 1998 “On state regulation ensuring the fertility of agricultural land” defines measures for standardizing land fertility, accounting for indicators of the state of fertility of agricultural land, their monitoring and control over land reproduction.
Federal Law No. 4-FZ of January 10, 1996 “On Land Reclamation” can be named among the regulations that create legal guarantees to ensure the preservation of the fertile quality characteristics of the land. However, the law is rather declarative in nature, since it does not define special requirements for the implementation of land reclamation work, and also does not establish a procedure for the implementation of relevant work.
Article 78 of the Land Code of the Russian Federation enshrines the list of entities using agricultural land, namely: citizens, including leading peasant (farmer) households, personal subsidiary plots, gardening, animal husbandry, gardening;
business partnerships and companies, production cooperatives, state and municipal unitary enterprises, other commercial organizations;
S non-profit organizations, including consumer cooperatives, religious organizations; Cossack societies;
S pilot-production, educational, educational-experimental and training-production divisions of scientific organizations, educational organizations that train personnel in the field of agriculture, and general educational organizations;
communities of indigenous peoples of the North, Siberia and the Far East of the Russian Federation to preserve and develop their traditional way of life, management and trades.
Agricultural land can be transferred as citizens to meet their personal needs in food production, recreation, other social, cultural, recreational tasks (for gardening, haymaking, grazing), as well as legal entities.
In accordance with paragraph 1 of Article 3 of the Federal Law of December 29, 2006 No. 264-FZ "On the Development of Agriculture", agricultural producers are recognized as an organization, an individual entrepreneur (commodity producer), engaged in the production of agricultural products, its primary and subsequent (industrial) processing (including including on rented fixed assets) in accordance with the list approved by the Government of the Russian Federation, and the sale of these products, provided that the share of the sale of these products in the total income of agricultural producers is at least 70% during the calendar year.
Citizens leading a personal subsidiary plot, agricultural consumer cooperatives (processing, marketing (trading), servicing (including credit), supply, procurement), as well as peasant (farm) households are recognized as agricultural producers. However, the bulk of agricultural land is occupied by enterprises and organizations directly engaged in agricultural production, rural producers. Their legal status is different.
Agricultural commercial organizations can operate in the forms provided for by the current legislation. In accordance with articles 60-90 of the Civil Code of the Russian Federation, the following commercial agricultural enterprises are distinguished: business companies, partnerships, cooperatives. The purpose of these enterprises is to make a profit through agricultural activities.
According to Federal Law No. 193-FZ dated 08.12.1995
"On Agricultural Cooperation", a production cooperative is created by citizens for joint activities in the production, processing and marketing of agricultural products, performed activities not prohibited by law, based on the personal labor participation of members of the cooperative.
Agricultural consumer cooperatives are created by agricultural producers and (or) citizens leading private subsidiary plots, subject to their mandatory participation in the economic activities of the consumer cooperative.
They are created, first of all, to serve their members of the consumer cooperative in its economic activities. Consumer cooperatives can be processing agricultural products, marketing (trading), servicing (performing reclamation and other work), supply, horticulture, horticulture, livestock, credit, insurance and others. The law establishes that at least 50% of the volume of work (services) performed by service, processing, marketing (trade), supply, etc. should be carried out for members of these cooperatives. At the same time, making a profit is not the main goal of the activity of a consumer cooperative, therefore, according to the law, they belong to non-profit organizations.
A person joining an agricultural cooperative of any kind makes a share contribution (share) - a property contribution to the cooperative's share fund in cash and, land plots, land or property shares or other property, or property rights having a monetary value. When leaving the cooperative, the member must be paid the full value of the share or be given property corresponding to his share.
All agricultural organizations conduct production on the land, but if the agricultural commercial organization may own a land plot, then the land plot is provided to the state and municipal agricultural enterprise only for use or lease. Related to this are the differences in the right to land of persons working in such enterprises and organizations.
The Russian Federation recognizes private, state, municipal and other forms of ownership (clause 1, article 212 of the Civil Code of the Russian Federation). Property as economic category accompanies human society throughout its history, with the exception of those initial stages, when man has not yet emerged from nature and satisfied his needs with the help of simple ways appropriation, like possession and use.
In accordance with paragraph 2 of Article 244 of the Civil Code of the Russian Federation, property may be in common ownership with the determination of the share of each of the owners in the ownership right (shared ownership) or without determining such shares (joint ownership).
In Soviet times, land rights were granted mainly to citizens living in rural areas. This is the right to household land use, the use of plots for individual gardening, the use of hayfields, pastures. However, it would be wrong to assume that individual peasant farms ceased to exist with the beginning of collectivization. Indeed, their number was insignificant, and they played practically no role in the agrarian economy.
The agrarian reform in Russia aimed to create a highly efficient agricultural production through the denationalization, reorganization of collective farms and state farms and the provision of land to those who cultivate it. but legal regulation land relations was carried out with great difficulty, since with the use of mainly administrative methods government leadership, management and regulation of land relations did not take into account the personal interest of agricultural producers. Thus, the Decree of the Council of Ministers of the USSR and the Central Committee of the All-Union Communist Party of Bolsheviks dated October 20, 1948 “On the plan for field-protective afforestation, the introduction of grass-field crop rotations, the construction of ponds and reservoirs to ensure high and stable yields in the steppe and forest-steppe regions of the European part of the USSR” established the forced volumes of these works , regardless of the economics of farms.
The land legislation provided for the transfer of land to the collective ownership of employees of agricultural enterprises so that the land shares (shares) attributable to each were calculated, and workers who wished to leave the collective farm (state farm) to create peasant (farmer) farms received the right to allocate the due to him share in kind. At the same time, the land was transferred according to the average district norms to all workers, including pensioners, social workers, etc., and this sometimes led to an aggravation of the social situation in the countryside.
In the early 90s of the XX century, in the process of privatization, the lands of agricultural enterprises were transferred to the members of the enterprise collective on the basis of common ownership. The members of the collective of the enterprise were assigned land shares conditionally allocated in hectares, the size of which was established by the local administration, free of charge. The very fact of ownership of a land share was certified either by evidence of the right of ownership of a member of the collective to a land share, or was confirmed by a corresponding entry in the register of owners of land shares. The owners had the right to dispose of land shares, including allocating them in kind.
For the first time, the allocation of a land share from the total fractional ownership at the legislative level, it took place on the basis of Presidential Decree No. 232 of December 27, 1991 “On urgent measures to implement land reform” and Decree of the Government of the Russian Federation of December 29, 1991 No. 86 “On the procedure for reorganizing collective farms and state farms”. Later, Decree No. 96 of the Government of the Russian Federation of February 1, 1995 “On the procedure for exercising the rights of owners of land shares and property shares” and Decree of the President of the Russian Federation of March 7, 1996 No. 337 “On the exercise of the constitutional rights of citizens to land” regulated the procedure for exercising the powers to own, disposal of land shares. However, these acts have become invalid since the introduction of the new Land Code of the Russian Federation and the Federal Law of July 24, 2002 No. 101-FZ “On the turnover of agricultural land” (hereinafter referred to as the Law on the turnover of land), which currently determine the rules for allocating a land share in nature.
Until now, the owners of land shares did not conclude, did not sign the constituent agreements, the application from the owners of the shares was not taken away, and the land itself actually remained in the use of the newly formed agricultural enterprises.
The problem of registration of real shares was that the users of agricultural land, which was collectively owned by peasants, remained agricultural enterprises that experienced financial difficulties. As a result, they were unable to bring the land management documentation in line with the requirements of the law and formalize the rights of owners of land shares. Thus, owners with legal property rights could not allocate land shares in kind.
The land rights of agricultural enterprises were not clearly established, since they were also issued certificates for the right of common ownership of a land plot, and civil law contracts between agricultural enterprises and members of their collectives were not properly drawn up.
The boundaries of the land masses, in which land shares are included, are not indicated either in kind or on the map, and are also not taken into account in the state land cadastre. As a result, part of the lands of collective farms and state farms was not transferred to the common shared ownership of citizens, but was credited to the district land redistribution fund, and again without defining the boundaries of these land masses, that is, the distinction between private land plots and state lands was not carried out. Former lands of collective farms and state farms are used by peasant (farmer) households without drawing up and registering any documents in registration chambers. Heads of farms voluntarily pay land tax for landowners. Such actions can be considered illegal, since the rights to land shares have not passed state registration.
Modern requirements for the conditions and procedure for the allocation of land plots in kind are provided for in Articles 11.2, 11.4-11.6, 68-69 of the Land Code of the Russian Federation, Federal Law No. 78-FZ of June 18, 2001 "On land surveying", Article 13 of the Law on land turnover, Chapter 111 Federal Law No. 221-FZ of July 24, 2007 “On the State Real Estate Cadastre”, as well as Chapter III of Federal Law No. 78-FZ of June 18, 2001 “On Land Management”.
Initially, the term "land share" was used in the regulations, then "land share" and "land share" began to be used as identical concepts, and now the term "land share" is mainly used.
The concepts of "land share" and "property share" in the legislation are used as identical, equally applicable to both land and property. The land share is a conventional unit calculated in hectares or ballohectares of the amount of land area per member (participant) of an agricultural organization (enterprise).
The allocation of a land plot is carried out in the case of a division of a share or shares from a land plot that is in shared ownership (clause 1, article 11.5 of the Land Code of the Russian Federation).
By general rule established by paragraph 1 of Article 13 of the Law on the circulation of land, a participant in shared ownership has the right to demand the allocation of a land plot on account of a share in the common ownership of a land plot from agricultural land for personal subsidiary plots and a peasant (farm) economy, as well as for the transfer of a land plot for rent.
When a land plot is allocated, a participant in shared ownership, at the request of which a land plot is allocated, acquires the right of ownership to the formed land plot and the specified participant in shared ownership loses the right to share ownership of the changed land plot (clause 2, article 11.5 of the Land Code of the Russian Federation).
In order to allocate a land plot, a participant in shared ownership is obliged to notify the others of his intention in writing.
participants in shared ownership or publish a message in the media mass media defined by the subject of the Federation. The notice must contain information about the location of the requested land plot and the amount of compensation to other participants in shared ownership in the cases provided for in Article 13 of the Law on Land Circulation. In the absence of objections from the other participants in shared ownership, within a month from the date of publication of the announcement of the location of the allocated plot, it is considered agreed. However, if there is a dispute, it is subject to resolution in court. Article 17 of the Law on Land Circulation imposes the obligation to ensure the determination of the boundaries on the ground of land plots in common shared ownership on the participants in shared ownership.
The allocation of a land plot is the formation of a legally new land plot, the formation of which is carried out in accordance with the requirements of land management. Land management is carried out without fail when redistributing land plots used by citizens and legal entities for agricultural production (Article 3 of the Law on Land Management).
Participants in shared ownership, who received land shares during the privatization of agricultural land, are obliged to ensure the determination on the ground of the boundaries of land plots in common ownership from agricultural land in accordance with the requirements of land management (Article 17 of the Law on Land Turnover).
The allocation of a land plot should be considered made from the moment the location of the plot is agreed. When concluding an agreement with a land surveying authority, a citizen or legal entity must attach the initial data on the land plot contained in the land cadastre:
S cadastral plan of the land plot; extract from the state land cadastre;
S minutes of the meeting on the reorganization of the agricultural enterprise;
S resolution of the district administration on the transfer of the land plot to common ownership with a list of all owners of land shares at the time of the organization of the economy.
The listed documents are submitted to the registration chamber once for the state registration of all owners of land shares of this farm. Registration is carried out no later than one month from the date of filing the application (clause 3, article 13 of the Federal Law of July 21, 1997 No. 122-ФЗ “On State Registration of Rights to Real Estate and Transactions with It” (hereinafter referred to as the Law on Registration of Rights) ). However, if the registrar has doubts about the authenticity of the submitted documents, he has the right to suspend registration for one month, notifying the applicant in writing and justifying such a decision (clause 2, article 19 of the Law on Registration of Rights).
Surveying of land plots is carried out on the basis of information from the state cadastre, land management, urban planning documentation. Only actually allocated land shares from the total area of land plots can be objects of land and civil relations if their size is not less than the minimum size of an agricultural land plot established by the constituent entities of the Russian Federation (Article 30 of the Land Code of the Russian Federation).
In order to redistribute land for agricultural production, create and expand peasant (farm) farms, personal subsidiary plots, gardening, animal husbandry, gardening, haymaking, grazing, a land redistribution fund is created as part of agricultural land (Article 80 of the Land Code of the Russian Federation).
The basis for the inclusion of land plots in the redistribution fund is the decision of the executive authority to transfer agricultural land to it in the event of a voluntary refusal of a land plot, in case of forced refusal, if there are no heirs either by law or by will. Significant areas of land were credited to the fund as a result of the liquidation of agricultural organizations.
In 2010, the most significant areas of such lands were transferred to the redistribution fund in the Amur Region (68.9 thousand hectares were transferred from reserve lands to the category of agricultural lands) and Saratov region(34.5 thousand ha). As of January 1, 2011, the total area of agricultural land not provided for use and included in the lands of the redistribution fund decreased by 1.9 million hectares and amounted to 48.8 million hectares as of the reporting date. The area of agricultural land included in the redistribution fund increased by 38.3 thousand hectares and amounted to 12.1 million hectares.
In accordance with Decree of the President of the Russian Federation of May 12, 2008 No. 724 “Issues of the system and structure of federal executive bodies”, the Ministry of Agriculture of the Russian Federation is a federal executive body and performs the functions of developing public policy and legal regulation in the field of:
S agro-industrial complex, including land reclamation, soil fertility, regulation of the market for agricultural products, raw materials and food, sustainable development rural areas;
S land relations (in the part relating to agricultural land), on state monitoring of such land;
provision of public services in the field of agro-industrial complex, including the sustainable development of rural areas;
management of state property at subordinate enterprises and institutions;
The Ministry of Agriculture of the Russian Federation coordinates and controls the activities of the subordinated Federal Service for Veterinary and Phytosanitary Surveillance and federal agency on fisheries, and also submits to the Government of the Russian Federation draft federal laws, regulatory legal acts of the President of the Russian Federation and the Government of the Russian Federation and other documents that require a decision of the Government of the Russian Federation, as well as a draft work plan and forecast performance indicators of the Ministry.
According to paragraph 1 of Article 65 of the Land Code of the Russian Federation, the use of land in the Russian Federation is paid. Forms of payment for the use of land are land tax (Chapter 31 tax code RF) and rent(Article 65 of the RF LC, Chapter 34 of the RF Civil Code).
In this case, the annual amount of the rent is set within the limits:
- 2% of the cadastral value of leased land plots;
- 0.3% of the cadastral value of leased land plots from agricultural land;
S 1.5% of the cadastral value of leased land plots withdrawn from circulation or limited in circulation (part 3, paragraph 2, article 3 of the Federal Law of October 25, 2001 No. 137-FZ “On the Enactment of the Land Code of the Russian Federation”).
Certain types of liability for offenses in the field of protection and use of agricultural land are regulated by Chapter XIII of the Land Code of the Russian Federation.
Article 13 of the Land Code of the Russian Federation contains special requirements for the regulation of the quality of land.Office of the Federal Service for State Registration, Cadastre and Cartography for Omsk region(hereinafter - the Department) is a territorial body of the Federal Service for State Registration, Cadastre and Cartography, which performs the functions of providing public services in the field of land management, state cadastral valuation land, control over the maintenance of the state real estate cadastre, state monitoring of land and maintenance of the state fund of data obtained as a result of land management, as well as the functions of state land supervision in the Omsk region.
According to the current legislation and established practice, the state registration of land in the Omsk region is carried out by land categories, lands and forms of ownership. The assignment of lands to categories is carried out in accordance with their intended purpose. Accounting for land by land is carried out in accordance with their actual condition and use.
The division of lands into categories is carried out in order to ensure the legal protection of lands from unreasonable changes in their designated purpose. The assignment of specific land plots to one or another category of land, the change in the intended purpose and the assignment of the form of ownership is carried out by executive authorities of various levels.
The Office of Rosreestr for the Omsk Region is the subject of official statistical accounting and generates official statistical information.
In accordance with the order of the Federal Service for State Registration, Cadastre and Cartography dated October 6, 2016 No. P / 0494 "On the organization of federal statistical monitoring of land resources in the Russian Federation and the preparation of a statistical report on the availability and distribution of land in 2016" in the forms approved by the decree Rosstat dated August 6, 2007 No. 61 "On approval of statistical tools for the organization of statistical monitoring of land resources by Rosnedvizhimost", collection and analysis of information about the lands that make up the land fund of the Omsk region.
According to the data obtained as a result of the state statistical monitoring of land resources in 2016, the area of the land fund of the Omsk region, compared to the previous year, remained unchanged at 14,114 thousand hectares. The land fund of the Omsk region is represented by all categories of land.
Every year, the Department compiles a “Report on the availability of land and their distribution by form of ownership, categories, land and users”, which is the information base for the preparation of the State (national) report on the state and use of land in the Russian Federation.
The report on the availability of lands and their distribution by form of ownership, categories, lands and users is a document containing generalized information about the land fund, systematized according to a certain principle on the number and legal status of lands that are used and can be used within the boundaries of certain territories (settlements, administrative regions).
Updating of land cadastral data is carried out taking into account the decisions of the relevant executive authorities adopted in order to streamline the use of land. At the same time, land management, town planning, forest management documentation, approved in the prescribed manner, also serves as a source of necessary information.
According to the current legislation, all lands, according to their main purpose, are divided into seven categories of lands:
1) agricultural land;
2) lands of settlements;
3) lands of industry, energy, transport, communications, broadcasting, television, informatics, lands for space activities, lands of defense, security and lands of other special purposes (hereinafter - lands of industry and other special purposes);
4) lands of specially protected territories and objects;
5) lands of the forest fund;
6) lands of the water fund;
7) reserve land.
Agricultural land lands outside settlements are recognized, provided for the needs of agriculture, as well as intended for agricultural purposes. Lands of this category act as the main means of production in agriculture, have a special legal regime and are subject to special protection aimed at preserving their area.
As of January 1, 2017, agricultural land in the Omsk region occupies 7,756.3 thousand hectares, which is almost two thirds of the territory. During the reporting year, the area of agricultural land decreased by 5.6 thousand hectares, of which 4.7 thousand hectares were transferred to the category of forest fund lands, 0.5 thousand hectares - to the lands of settlements, 0.5 thousand hectares – into lands of industry and other special purposes, (0.1 thousand hectares of reserve lands were transferred to the category of agricultural lands).
In accordance with current legislationlands of settlements lands used and intended for construction and development of settlements are recognized.
The lands of settlements occupy a small area - 245.2 thousand hectares, or about 2 percent of the area of the region. The increase in the area of lands of settlements occurred due to the inclusion of agricultural land in the boundaries of settlements.
Category land for industry and other special purposes includes lands that are located outside the boundaries of settlements and are used or intended to ensure the activities of organizations and the operation of industrial, energy, transport, communications, radio broadcasting, television, computer science, facilities for space activities, defense and security facilities, and the implementation of other special tasks.
As of January 1, 2017, the area of land in this category is 50.7 thousand hectares, or 0.4 percent of the total land area of the Omsk region. Compared to 2015, the area of land in this category increased by 0.5 thousand hectares due to the transfer from agricultural land.
TO lands of specially protected territories and objects include lands that have a special environmental, scientific, historical, cultural, aesthetic, recreational, health and other valuable value, provided in accordance with the procedure established by law outside settlements.
According to the state registration of lands, specially protected territories seized and allocated on the basis of relevant decisions, as an independent category of lands, amount to only 0.7 thousand hectares. These are lands of medical and health-improving areas and resorts and recreational purposes. Over the current year, their area has decreased by 0.1 thousand hectares due to the transfer of land to the land of settlements.
In accordance with the Land Code of the Russian Federation, the categoryforest fund lands includes forest lands (lands covered with forest vegetation and not covered with it, but intended for its restoration - clearings, burnt areas, sparse areas, clearings and others) and non-forest lands intended for forestry (clearings, roads, swamps and others).
The total area of forest land in the region is 5738.1 thousand hectares or 41 percent of the land area in the Omsk region. Compared to 2015, the area of forest land increased by 4.7 thousand hectares due to the transfer from agricultural land.
There are 127.2 thousand hectares of agricultural land on the lands of the forest fund, which are in state ownership, including 23.2 thousand hectares of arable land, 3.5 thousand hectares of perennial plantations and 100.5 thousand hectares of natural fodder lands .
TO water fund lands include lands covered with surface waters concentrated in water bodies, as well as lands occupied by hydraulic engineering and other structures located on water bodies.
reserve lands are lands that are in state and municipal ownership and not provided to citizens or legal entities, with the exception of lands of the land redistribution fund. Reserve lands are currently unused lands.
The reserve land area is 178.6 thousand hectares.
Accounting for the lands of the Omsk region by land
land - these are lands systematically used or suitable for use for specific economic purposes and differing in natural and historical characteristics. A land is a part of a land plot that has certain properties and characteristics, which is the main element of state land accounting. Accounting for land by land is carried out in accordance with their actual condition and use.
Land is divided into agricultural and non-agricultural land.
Agricultural include arable land, fallow land, fodder lands (hayfields and pastures), perennial plantations.
non-agricultural - these are lands under surface water bodies, including swamps, forest lands and lands under trees and shrubs, development lands, lands under roads, disturbed lands, other lands (ravines, sands, etc.).
As of January 1, 2017, the area of agricultural land in the Omsk region is 6720.7 thousand hectares or 47.6 percent of the total land fund of the Omsk region.
In 2016, the area of arable land amounted to 4156.6 thousand hectares. The area of perennial plantings is 26.5 thousand hectares, fallow land - 175.9 thousand hectares and fodder land - 2361.7 thousand hectares.
The main share of agricultural land is concentrated in the category of agricultural land (6377 thousand hectares). On the territory of settlements (mainly within the boundaries of rural settlements) there are 122.3 thousand hectares of agricultural land.
In the structure of agricultural land, the area occupied by natural fodder lands (hayfields and pastures), the share of which is more than 35 percent, determines the objective possibility of developing the livestock sector of the agro-industrial complex of the Omsk region.
The share of non-agricultural land accounts for 7393.3 thousand hectares.
The total area of land under water and swamps is 2316.6 thousand hectares or 16.5 percent of the land resources of the region, of which the area under water is 289.8 thousand hectares.
The main waterway that crosses the territory of the region from south to north is the Irtysh River, the length of which within the boundaries of the region is 1174 km. Almost a seventh of the region's territory is swampy. The swamp area is 2026.8 thousand hectares. Most of them are located on the left bank of the Irtysh to the north of the Ishim Plain, where the terrain drops to the minimum level in the region.
The total area of building land at the beginning of 2017 is 93.9 thousand hectares.
More than half of the built-up lands (58.3 thousand hectares) is located on the lands of settlements. The area of land occupied by buildings, structures and other facilities located on lands of industry and other special purposes is 5.3 thousand hectares.
Lands under roads occupy 150.7 thousand hectares, which is just over 1 percent of the total area of the region. Half of the total road area is dirt roads - 81.2 thousand hectares. More than half of the region's road area is laid on agricultural land - 80.6 thousand hectares.
The road network in the form of streets, passages, avenues of settlements occupies 30.2 thousand hectares. The share of lands of road and rail transport accounts for 22.3 thousand hectares. The land area of 15.7 thousand hectares on the lands of the forest fund is occupied by roads that are used for the needs of forestry and the export of harvested wood.
The area covered by forests and forest plantations not included in the forest fund in 2016 amounted to 4757.1 thousand hectares or 34 percent of the region.
As of January 1, 2017, 69.6 thousand hectares of so-called "other lands" were taken into account in the region. They include: waste landfills, landfills -9.2; sands - 3.4; ravines - 0.9, other lands - 56.1 thousand hectares.
Accounting for land in the Omsk region by type of ownership
At present, when land can be in various forms of ownership, there is a process of delimitation of state ownership of land, therefore, accounting is carried out not only by categories and lands, but also by forms of ownership.
In accordance with the law, the land may be inprivate, state, municipal and other forms of ownership . On the right of private ownership, land belongs to citizens and legal entities. Lands that have not been transferred to the ownership of citizens, legal entities, municipalities are in state ownership. State property consists of lands owned by the Russian Federation and lands owned by subjects of the Russian Federation. Lands owned by the right of ownership municipalities, urban and rural settlements are municipal property.
On the given period in the Omsk region, citizens and legal entities own 5,063.1 thousand hectares, or 36 percent of the total land area. At the same time, 89 percent of privately owned land is the property of citizens, the rest of the area is the property of legal entities. 64 percent of the region's land area still remains in state and municipal ownership. Citizens own 4529.3 thousand hectares, legal entities own 533.8 thousand hectares.
The total area of land owned by legal entities, in comparison with the previous year, increased by 8.7 thousand hectares. The area of land owned by citizens decreased by 22 thousand hectares.
As of January 1, 2017, the area of agricultural land owned by citizens and legal entities amounted to 4981.8 thousand hectares or 64 percent of the total area of land in this category. Of these, 4,456.7 thousand hectares are owned by citizens.
The largest area of agricultural land, which is privately owned by citizens, falls on land shares - 2946.1 thousand hectares, peasant (farm) enterprises - 248.1 thousand hectares and personal subsidiary plots - 248.1 thousand hectares.
Legal entities account for only 525.1 thousand hectares of owned agricultural land, incl. 384.1 thousand hectares are owned by agricultural organizations.
There are 2,774.5 thousand hectares of agricultural land in state and municipal ownership.
Of the 245.2 thousand hectares of land in settlements, 80.4 thousand hectares are privately owned. At the same time, in rural settlements, the share of land owned by citizens is 3 times higher than in urban settlements. The main part of the land of settlements 72.4 thousand hectares is owned by citizens.
The largest share (81 percent) of the lands of settlements owned by citizens are land plots of personal subsidiary plots. These are household plots providing economic basis rural dwellings. The area of privately owned lands within horticultural associations is 7.1 thousand hectares.
In cities for individual housing construction only 3.5 thousand hectares were given to the private property of citizens.
According to the state land records, the total area of industrial land owned by citizens and legal entities is only 0.2 thousand hectares.
49.8 thousand hectares of industrial land are in state and municipal ownership, of which 16.4 thousand hectares are owned by the Russian Federation, 17.6 thousand hectares are owned by the Omsk region, and 1.8 thousand hectares are municipally owned.
The lands of specially protected territories and objects, the lands of the forest, water funds, the lands of the reserve are in state and municipal ownership and amount to 6061.8 thousand hectares.
Generalized information about the land fund, systematized according to a certain principle on the quantity and legal status of lands, can be used to make decisions on the use of land resources, determine tasks for improving land quality, to regulate land relations in the Omsk region, as well as for educational and research goals.
The data obtained during the preparation of the report is transferred to storage in state fund data obtained as a result of land management.
Valentina Miroshnichenko,
Deputy Head of Department
land management and land monitoring,
cadastral valuation of real estate,
geodesy and cartography
Office of the Federal Service
state registration,
cadastre and cartography
in the Omsk region.
The entire territory that makes up our country is divided into. Such a division is enshrined at the legislative level and is regulated by the Land Code of the Russian Federation.
This is done to establish control over the targeted use of land. Allocate . The most common category of land- Agricultural land.
Agricultural lands are in second place in terms of area among all categories, second only to the lands of the forest fund.
On the territory of the Russian Federation, they occupy approximately 386 million hectares. For comparison, the area is approximately 20 million hectares.
Agricultural lands are under special control of the state.
They are valuable resource and source of food.
Therefore, it is important to use the land for its intended purpose, to prevent its littering and pollution, deterioration of the soil condition, and the impact of harmful factors on it.
Composition of agricultural land
farmland
These include areas for sowing and growing various agro-industrial crops, as well as for grazing animals.
farmland- these are the most fertile territories that provide the country with crops, therefore they have a priority status and are under state protection. Agricultural lands are under special control:
- with artificial irrigation
- in use by research institutes of any level,
- with a high cadastral value (10% above average).
Depending on the functions performed land is divided into:
- arable land,
- haymaking,
- pastures, etc.
Arable lands are among the most fertile lands endowed with mineral resources.
arable land- This is a type of land that is annually processed and grown on it with various crops.
hayfields used only for making hay for the winter. Sowing and harvesting on such lands is not carried out. Although there are artificial hayfields.
pastures also usually not sown or processed. Used only for grazing livestock.
There are different types of farmland:
- Low quality,
- average quality,
- High Quality.
It is permissible to build on agricultural land only those buildings and structures that are necessary for the implementation of agricultural activities. Construction of residential or industrial facilities in such areas is prohibited.
Under on-farm roads and communications
These include roads for access and maintenance agricultural land. They must comply with certain standards specified in SNiP 2.05.11-83.
On-farm roads, depending on their purpose, can be the following types:
- connecting agricultural facilities to each other (I category of roads),
- connecting agricultural facilities with main roads (II category of roads),
- field auxiliary roads for servicing individual lands and their parts (III category of roads).
On-farm roads should occupy the minimum possible area.
They include:
- directly the lane for placing the roadway,
- drainage ditches,
- a safety strip of 1 meter on each side of the road.
Planted with trees and shrubs
These are lands planted with trees and shrubs to protect the environment from the influence of negative factors.
Protective forest belts are created:
- in horticultural and summer cottages,
- around the fields
- along roads and railways.
Cutting and renewal of plants takes place only in agreement with local authorities.
With water objects
Territories with closed water bodies are included in the category of agricultural land only if if they are within the borders of these lands. At the same time, lakes or ponds can be used both for breeding fish and for watering nearby areas. Such objects are divided into two types:
- reservoirs of artificial origin,
- reservoirs of natural origin.
Occupied by agricultural buildings
Auxiliary buildings are necessary for the effective implementation of agricultural activities.
They are not residential and are intended for storage and primary processing grown products. For these purposes, the least fertile areas are allocated.
In addition to this criterion, there is a second, very important - logistics. The location of the buildings must be accessible to a specific pool of surrounding cultivated land.
Use of agricultural land
According to the legislation of the Russian Federation, agricultural land can be used for the following purposes:
- implementation of agricultural activities by enterprises,
- creation of private or farm enterprises,
- cultivation of vegetables, fruit crops,
- creation ,
- raising and breeding animals and fish,
- research activity.
Important! Since 2015, a classifier of types of permitted land use (VRI) has been used in our country. The document clearly and in detail indicates the types of permitted targeted use of each category, including agricultural land.
Prior to its entry into force, these issues were dealt with by local governments of each individual subject. You can find out more about the VRI classifier.
Farmland Features
Farmland has a number of features compared to other types of agricultural land. They are enshrined in law (Article 79 of the Labor Code of the Russian Federation). 
- The most fertile lands are under the protection of the state, as they are its national treasure and the most important resource.
- Such lands can be used only for their intended purpose, that is, for the implementation of agricultural activities. Misuse is punishable by law.
- Agricultural land with a high level is not subject to transfer to other categories of land
- The construction of any kind of buildings in the territories protected by the state is prohibited.
In exceptional cases, in agreement with regional authorities, agricultural land with poorer soil quality and low cadastral value may be assigned to another category of land.
Among other things, the law requirements for persons using agricultural land:
- sites must be developed within 2 years,
- in carrying out its activities to maintain soil fertility,
- if necessary, provide the authorities with information about the chemicals used.
redistribution fund
The Land Redistribution Fund is a single database of agricultural plots that have temporarily fallen out of circulation, that is, not used for their intended purpose.
Its main function is formation of a fund of lands and their further transfer to the use of individuals or legal entities under certain conditions.
This is done so that strategically important farmlands do not stand idle, because it is economically unprofitable.
The agricultural plot falls into the distribution fund when following conditions:
- in case of voluntary refusal of the owner from the site,
- in the absence of heirs after the death of the owner,
- forced land acquisition by the state.
Ownership of agricultural land
Get into ownership land with the category of agricultural purpose can be the following entities:
- individuals (for farming),
- legal entities (farmers, agricultural enterprises, country associations, etc.).
At the time of buying farmland owner gets the right:
- transfer land by inheritance
- rent,
- sell,
- present,
- pledge.
According to the legislation of the Russian Federation, foreign citizens and companies cannot be owners of agricultural land as well as stateless persons. Legal basis the transfer of ownership of agricultural land is enshrined in the Federal Law "On the turnover of agricultural land" No. 101.
If the owner sells the agricultural land belonging to him, representatives of the municipal authorities of the subject have priority rights to purchase such plots.
Providing
The provision of agricultural land for use, in fact, means the transfer of such land for rent, for use for its intended purpose. At the same time, the allotments remain the property of the state.
To get a plot necessary:
- Submit an application to the relevant authority.
- Collect a package of documents.
- Wait for a decision.
- Sign a lease agreement.
The law provides for a number of perks and benefits when transferring agricultural land to certain categories of persons (for example, to small peoples to maintain and preserve their way of life).
Withdrawal
The legislation stipulates that the state has the right in certain cases forcibly withdraw agricultural land by the owner.
This decision is taken in court and can be challenged within the appropriate time limit. Main reasons for the withdrawal of agricultural land:
- the agricultural plot has not been used for its intended purpose for three or more years,
- the site is used irrationally, which leads to a decrease in soil fertility and a deterioration in the quality of the agricultural plot.
Useful video
Detailed information on the use of agricultural land can be obtained in this video:
Conclusion
Agricultural land is one of the strategically important categories of land protected by the state. They have to be used exclusively for its intended purpose. The state has the right to distribute them among users in order to increase their rational use.
Farmland can be transferred to individuals and legal entities for ownership. However, in case of improper care of the sites, the state has the right seize them legally.
In contact with
Agricultural land in Russia includes territories that do not belong to residential settlements, they are provided by the state for the development of agriculture, which include:
Also, separately in the structure of lands of agricultural importance, the law includes scientific, educational activities, the creation of protective plantations, but taking into account agricultural production. The exact definition of what the concept in question means is given in the Land Code of the Russian Federation in article No. 77.
Article 77 RF LC. The concept and composition of agricultural land
Agricultural lands are recognized as lands located outside the boundaries of a settlement and provided for the needs of agriculture, as well as intended for these purposes.
Agricultural land includes agricultural land, land occupied by on-farm roads, communications, forest plantations designed to protect land from negative impacts, water bodies (including ponds formed by water-retaining structures on watercourses and used for the purpose of pond aquaculture) , as well as buildings, structures used for the production, storage and primary processing of agricultural products.
This document regulates all relations that are carried out with the specified category of land.
In terms of soil quality and landscape characteristics, this type of land is considered heterogeneous. When separating, it is important to take into account natural conditions, including climatic, remoteness from infrastructure facilities, etc. These characteristics divide the land into:
- farmland;
- lands occupied production facilities and objects of agricultural infrastructure;
- lands occupied by tree and shrub vegetation, closed reservoirs.
Agricultural land is used for growing various plants, grazing, fodder preparations. These include arable land, gardens, meadows, hayfields, pastures. A separate category of land is made up of reindeer pastures, which have an independent legal regime and subject to special protection. The lands also include fallow lands.
We talked about what agricultural land is and what types of permitted uses they are divided into.
Features of this category
The main feature is that agricultural land is used not only for the development of agricultural production, but also for various other purposes. For example, to create protective forest plantations, for scientific and research purposes, to create horticultural partnerships and other societies. It is also acceptable to use them for commercial purposes and for housing construction.
Land can also be used for the construction of roads, power lines, oil pipelines only if such land is approved. Agricultural lands where there are arable lands, hayfields, pastures, orchards and vineyards have a special status, are subject to protection and have priority in use.
Minimum lot size
Separately, we can say about the minimum areas. Each region has its own minimum. But there are also averages. For grain crops, it should be at least 300 hectares, for other purposes - from one hectare.
On limiting the turnover of agricultural land
- Turnover is not allowed if the intended and effective use of the specified category of land is not ensured.
- Turnover is not allowed with a strong crushing of land for the use of private owners.
- It is forbidden to use lands located in protected areas.
- The ban also applies to lands that have a special public significance.
- Land is not issued if it is intended to be used for purposes other than agriculture.
About use by foreign citizens in the Russian Federation
It is believed that foreigners and stateless persons are given equal rights to land. The exception is the right to land ownership.
Therefore, according to the law “On the turnover of agricultural land”, foreign citizens can only rent this category.
What are the problems of agricultural land?
Today, agricultural land is often empty. Despite the fact that in some regions of our country they are given on very attractive terms, there are no more people who want to develop farming. Another problem is the poor protection of such lands, the abandonment of these territories.
What is reclamation?
Agricultural reclamation involves the restoration of areas that are considered biologically productive, that is, they allow growing the necessary crops on them.
Reclamation refers to a number of different works related to the restoration of lands and water bodies, which, after human impact, have lost their former productivity. The main goal of reclamation is to make the environment better, and land and water bodies more fertile and environmentally friendly.
What is the reclamation of agricultural land and how to draw up a project is described in more detail.
redistribution fund
State control and accounting of such lands is possible thanks to. It was created in order to take into account the land and subsidiary farms, to expand opportunities for agricultural purposes, the development of horticulture, animal husbandry, gardening and haymaking. Thanks to the Foundation, a large amount of ownerless but fertile land is avoided. How lands enter the Fund:
- in case of voluntary abandonment of the land by its owner;
- in case of refusal to inherit this land, or in the absence of heirs or deprivation of the right to inherit for legal reasons;
- if there are legitimate reasons to deprive the land and transfer it to the state.
Information about the availability of land in the land redistribution fund is publicly available, you can find out about it on special resources or in municipal authorities authorities.
Cadastral registration
Cadastral registration of land plots - provides for their inclusion in the Unified State Register of Lands, as a result of which each land plot receives individual characteristics. In order for a farmer to receive the specified land, for example, for rent, he needs to allocate it from the entire land mass and put it on the state cadastral register as an independent land plot.
Such a right can be registered by departments of the Office of the Federal Service for State Registration, Cadastre and Cartography.
Legislative regulation
Among the laws are many acts. Among them:
Legal regime
The legal regime of all lands, including agricultural land, is determined by their category and type of permitted use, determined on the basis of zoning of territories.
Agricultural land is different from agricultural land. The latter have the opportunity to refer to other categories, but at the same time include land. The agricultural land is directed only to the cultivation of products.
Transfer to another type of ownership
Categories of land can be translated into another form. But there are also a number of limitations. The change is permissible if the land is mothballed, it must be transferred to the category of land protected by the state. If the boundaries of the settlement change, if it is planned to build a road, if it is necessary to extract minerals from them or place social facilities on the territory - hospitals, orphanages, etc.
It is forbidden to transfer to another category for especially valuable productive agricultural land. To change the category, the owner must send a petition to the local administration and conduct a state environmental review.
You can read about the features of the transfer of agricultural land to another category and how it is carried out.
Misuse
Misuse includes various types of infringement. For example, agricultural land is used for personal buildings, or roads are being built on a protected area and a farm is being built. Often there is this type of violation: the land is leased for research purposes, and in fact structures are built on it for the purpose of obtaining personal gain.
May be related to various types punishments. Depending on their severity, liability may arise:
- civil law;
- disciplinary;
- administrative;
- criminal.
By the way, a criminal offense occurs only if the land was damaged, and this led to damage to the environment and harmed people's health.
You will find information about what liability threatens for violating the rules for using such sites and tips on how to avoid fines.
Use of agricultural land
There are several categories:
- For livestock.
- For agricultural production.
Agricultural land for dacha construction and farms are used by farmers and gardeners. They are allowed to erect country house, buildings for growing various crops, greenhouses, sheds, etc.
Agricultural land for gardening. On such lands it is permissible to build outbuildings: garages, greenhouses, garden houses, sheds. However, to build a house for permanent residence this category of land is not suitable.
Changing the View
In total, there are two methods of transferring land plots:
- change of the current category;
- procedure for changing the species (without withdrawing from the current category).
Lands that are considered specially protected areas are not subject to change.
To change, you must submit a special application, which will be considered by the municipal authorities. After submitting the required package of documents, a decision will be made.
You can also participate in hearings regarding the revision of permitted uses. They invite people who live or own property in the immediate vicinity of the site. After the hearings, the commission draws up a protocol and makes its recommendations. The protocol is sent to the administration, where the decision is made.
You will find a step-by-step procedure for changing the type of permitted use of agricultural land.
What can be built here?
Among the permitted buildings are all those used for the development of agriculture. These can be cowsheds, pig farms, timber industries, sawmills. It is allowed to build sheds, utility rooms, road construction.
Before starting construction on lands with such a purpose, it is necessary to register the land plot as a property. Then it is possible to erect private buildings there, cottages and houses for personal use, but there is no talk of houses as such for permanent residence.
You can find out more about whether it is possible to build a house on an agricultural plot, and about which constructions are allowed and which are prohibited, is described in.
About the possibility of renting
The land can be leased from the municipality without bidding if it is claimed by the farm. To do this, you must contact the local authority and apply for the transfer of land for rent. At the same time, the rent cannot exceed 0.3 percent of the established cadastral value for the plot.
About how you can rent agricultural land from a private person or from the state, it is written in.
Features of the lease agreement
There are several nuances:
- cannot change the type of permitted use of the land plot.
- The obligation to register the land plot for cadastral registration and to draw up documents rests with the applicant.
- To draw up a contract, you need to obtain special permission from representatives of the municipal government.
- No mandatory notarization is required.
- The contract is required to prescribe the technical data of the leased area, its location and other characteristics.
- Individuals, organizations, and the state can act as a lessor.
By the way, not all agricultural land is available for privatization. The ban applies to areas that are already in the ownership of the state or authorities, if they are occupied by reindeer pastures, if they are located in the Far North.
taxes
Does not depend on the results of economic activities of landowners and land users. The tax base for determining the land tax is the area of the specified plot. The tax rate on such land should not exceed 0.3 percent.
If the owner owns land plot and leases it, he can calculate the land tax at reduced tax rates. In other cases, land plots are taxed by the owner at a rate not exceeding 1.5%.
Agricultural land can be used for various purposes related to the development of agriculture. This category has special legal forms, which carries a number of features related to the lease, tax rate and legal status lands.