FEDERAL LAW OF THE RUSSIAN FEDERATION

of October 25, 2001 No. 137-FZ

About enforcement of the Land code of the Russian Federation

Accepted by the State Duma of the Russian Federation on September 28, 2001

Approved by Council of the Russian Federation on October 10, 2001

Article 1

Enact the Land code of the Russian Federation from the date of its official publication.

Article 2

1. Till July 1, 2012 according to this Item sale of the parcels of land which are in the state-owned or municipal property is performed:

to the commercial organizations and individual entrepreneurs who are owners of the buildings located on such parcels of land, structures, constructions if these buildings, structures, constructions were aloof from the state-owned or municipal property including if on such parcels of land buildings, structures, constructions are built or reconstructed;

to the commercial organizations and individual entrepreneurs who are owners of the buildings located on such parcels of land, structures, constructions if these buildings, structures, constructions were built on such parcels of land instead of the buildings destroyed or demolished and earlier alienated from the state-owned or municipal property, structures, constructions;

to the legal entities who are owners of the buildings located on such parcels of land, structures, constructions in case of renewal of the right of permanent (termless) use by them of the parcels of land;

to the citizens and non-profit organizations who are owners of the buildings located on such parcels of land, structures, constructions if the property right of specified persons to these buildings, structures, constructions arose before entry into force of the Land code of the Russian Federation and if other procedure for acquisition of the parcels of land in property is not established by the Federal Laws for the specified owners.

In case of acquisition by specified persons of such parcels of land their price is established by subjects of the Russian Federation in limits:

twenty percent of cadastral cost of the parcel of land located in the cities with population over 3 million people;

two and a half percent of cadastral cost of the parcel of land located in other area.

Before establishment by subjects of the Russian Federation of the price of the parcel of land the highest price of the parcel of land for the respective area is applied.

2. Till July 1, 2012 the persons which are not specified in Item 1 of this Article and who are owners of buildings, structures of the constructions located on the parcels of land which are in the state-owned or municipal property acquire such parcels of land at the price established by subjects of the Russian Federation in settlements with population:

over 3 million people in the amount of five - to the thirtyfold size of rate of the land tax for the unit area of the parcel of land;

from 500 thousand to 3 million people in the amount of five - to the seventeenfold size of rate of the land tax for the unit area of the parcel of land;

to 500 thousand people, and also outside borders of settlements in the amount of three - to the tenfold size of rate of the land tax for the unit area of the parcel of land.

Before establishment by subjects of the Russian Federation of the price of the parcel of land the size of rate of the land tax, minimum for the respective area, for the unit area of the parcel of land is applied.

3. In the cities with population over 3 million people along with acquisition by persons specified in Item 1 of this Article in property of the parcels of land which are in state-owned property, public authorities can establish prohibition on construction, reconstruction of buildings, structures, the constructions located on the corresponding parcel of land (further - prohibition on construction, reconstruction).

The prohibition on construction, reconstruction does not extend to reconstruction of capital construction projects which use is provided by part 8 of article 36 of the Town-planning code of the Russian Federation or reconstruction of which will not lead to change of type of the permitted use of the parcel of land.

The prohibition on construction, reconstruction is subject to removal according to the application of the owner of the corresponding parcel of land which is submitted to executive body of the government, within a month after introduction by this owner of payment for removal of such prohibition. The amount of payment for removal of such prohibition cannot exceed eighty percent of cadastral cost of the parcel of land.

Establishment and removal of prohibition on construction, reconstruction are performed according to the procedure, provided by the laws of subjects of the Russian Federation.

4. The powers of local government bodies and public authorities of the subject of the Russian Federation in the field of land relations established by this Federal Law can be redistributed between them according to the procedure, No. 131-FZ provided by part 1.2 of article 17 of the Federal Law of October 6, 2003 "About the general principles of the organization of local self-government in the Russian Federation".

Article 3

1. Land rights which are not provided by the Land code of the Russian Federation are subject to renewal from the date of enforcement of the Land code of the Russian Federation. The right of permanent (termless) use of the parcels of land which are in the state-owned or municipal property which arose at citizens or legal entities about day of enforcement of the Land code of the Russian Federation remains. The right of lifetime inheritable possession the parcels of land which are in the state-owned or municipal property acquired by the citizen about day of enforcement of the Land code of the Russian Federation remains.

2. Legal entities, the legal entities except for specified in Item 2 of Article 39.9 of the Land code of the Russian Federation, shall renew the right of permanent (termless) use of the parcels of land to the right of lease of the parcels of land or acquire the parcels of land in property, besides, to renew the religious organizations on the right of free use voluntarily till July 1, 2012 according to the rules established by Chapter V.1 of the Land code of the Russian Federation. Legal entities can renew the right of permanent (termless) use of the parcels of land on which power lines, communication lines, pipelines, roads, rail lines and other similar constructions (linear objects), on the right of lease of such parcels of land are located, to establish servitudes concerning such parcels of land or to acquire such parcels of land in property according to the rules established by this paragraph till January 1, 2016 at the prices provided respectively by Items 1 and 2 of article 2 of this Federal Law.

Paragraph two of ceased to be valid according to the Federal Law of the Russian Federation of 23.06.2014 No. 171-FZ

In case of renewal of the right of permanent (termless) use of the parcels of land to the right of lease of the parcels of land the annual amount of the rent is established in limits:

two percent of cadastral cost of the leasable parcels of land;

the leasable parcels of land three tenth percent of cadastral cost from lands of agricultural purpose;

one and a half percent of cadastral cost of the leasable parcels of land withdrawn from circulation or limited in turnover.

Change of the annual amount of the rent determined according to this Item can be provided by lease agreements of the specified parcels of land only in connection with change of cadastral cost of the corresponding parcel of land.

The parcels of land which are in the state-owned or municipal property and on which buildings, the structures and constructions which are on the date of enforcement of the Land code of the Russian Federation in property of the all-Russian public organizations of disabled people and the organizations which single founders are the all-Russian public organizations of disabled people are located are provided in property of the specified organizations free of charge.

2.1. Item 2 of this Article does not extend to cases if the parcels of land on the right of permanent (termless) use are provided:

to the non-profit organizations created about day of entry into force of this Federal Law for conducting gardening, truck farming or small-scale farming and construction;

to the organizations under which about day of entry into force of this Federal Law were created the non-profit organizations for conducting gardening, truck farming or small-scale farming and construction using such parcels of land (are organized);

to garage consumer cooperatives.

Renewal of the right of permanent (termless) use by garage consumer cooperatives of the parcels of land is performed according to the procedure, established by Chapter V.1 of the Land code of the Russian Federation, and is not limited to term.

Renewal of the right of permanent (termless) use of the parcels of land provided to the legal entities specified in the second and in third paragraphs of this Item shall be performed till March 1, 2031 according to the procedure, established by this Federal Law.

2.2. Owners of buildings, structures, constructions have the right to acquire in property the leases which are at them on the right the parcels of land irrespective of when the lease agreement of these parcels of land - to or after day of entry into force of the Land code of the Russian Federation was signed.

Since July 1, 2012 owners of buildings, structures, constructions acquire in property the leases which are at them on the right the parcels of land at the price established by rules and according to the procedure which are stipulated in Item 1 article 2 of this Federal Law, in cases if:

during the period from the date of entry into force of this Federal Law till July 1, 2012 concerning such parcels of land renewal of the right of permanent (termless) use to the lease right is performed;

such parcels of land are formed of the parcels of land specified in paragraph three of this Item.

2.3. Ceased to be valid according to the Federal Law of the Russian Federation of 23.06.2014 No. 171-FZ

2.4. Ceased to be valid according to the Federal Law of the Russian Federation of 23.06.2014 No. 171-FZ

2.5. The public institutions entering into structure of the Russian Academy of Sciences and being lessees of the parcels of land which are in the state-owned or municipal property have no right:

hand over such parcels of land in the sublease;

transfer the rights and obligations according to lease agreements of the parcels of land to the third parties;

pledge leasehold interests;

bring leasehold interests as deposits to the authorized capital of economic partnerships and societies or as shares in production cooperatives.

2.6. Ceased to be valid according to the Federal Law of the Russian Federation of 23.06.2014 No. 171-FZ

2.7. Till March 1, 2031 members of non-profit organizations have the right irrespective of date of the introduction in membership to acquire the garden or garden parcel of land which is in the state-owned or municipal property without tendering in property free of charge if such parcel of land corresponds in total to the following conditions:

the parcel of land is not provided to the member of the specified non-profit organization;

the parcel of land is formed of the parcel of land provided about day of entry into force of this Federal Law of non-profit organization, the specified in paragraph one of this Item, or other organization under which such non-profit organization was created or organized;

according to the decision of general meeting of members of the specified non-profit organization on distribution of the parcels of land between members of the specified non-profit organization or based on other document establishing distribution of the parcels of land in the specified non-profit organization, the parcel of land is distributed to this member of the specified non-profit organization;

the parcel of land is not withdrawn from circulation, limited in turnover and the decision on reservation for the state or municipal needs is not made on the parcel of land.

If the parcel of land specified in the paragraph the second this Item belongs to property public, the specified parcel of land till March 1, 2031 is provided free of charge in common ownership of owners of the parcels of land located in borders of the territory of conducting by citizens of gardening or truck farming for own needs in proportion to the area of such parcels of land.

If the parcels of land specified in paragraphs the second and fifth this Item are reserved for the state or municipal needs or limited in turnover, they are presented to the member of the non-profit organization specified in paragraph one of this Item in lease or lease with plurality of persons on the party of the lessee to owners of the parcels of land located in borders of the territory of conducting by citizens of gardening or truck farming for own needs. At the same time the amount of the rent is determined in the amount of, not exceeding the size of the land tax established concerning such parcel of land.

2.8. In case, stipulated in Item 2.7 these Articles, provision of the parcel of land to the citizen in property or lease it is performed based on the decision of executive body of the government or local government body, stipulated in Article 39.2 Land codes of the Russian Federation, based on the petition from the citizen or its representative. Are enclosed to this application:

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