ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of July 16, 2009 No. 582

About the basic principles of determination of the rent in case of lease of the parcels of land which are in the state-owned or municipal property and about Rules of determination of the amount of the rent, and also procedure, conditions and terms of introduction of the rent for the lands which are in property of the Russian Federation

According to the Land code of the Russian Federation the Government of the Russian Federation decides:

1. Approve enclosed:

the basic principles of determination of the rent in case of lease of the parcels of land which are in the state-owned or municipal property;

Rules of determination of the amount of the rent, and also procedure, conditions and terms of introduction of the rent for the lands which are in property of the Russian Federation (further - Rules).

2. To the Ministry of Economic Development of the Russian Federation in coordination with the federal executive bodies performing functions on development of state policy and normative legal regulation in the corresponding industries of economy during 1 year to approve rates of the rent or the methodical instructions for its calculation concerning the Rules of the parcels of land specified in Item 5.

3. Determine that before approval of rates of the rent by the Ministry of Economic Development of the Russian Federation or methodical instructions for its calculation, the stipulated in Item 2 presents of the resolution, the rent is determined according to Items 3 and 6 of Rules.

4. To the Ministry of Economic Development of the Russian Federation to develop and approve till January 1, 2018 methodical recommendations about use of the basic principles of determination of the rent approved by this resolution in case of lease of the parcels of land which are in the state-owned or municipal property.

5. Determine that before approval of rent rates by Federal Registration Service, the stipulated in Item 3 presents of the resolution, the rent concerning the parcels of land specified in Item 5 of Rules is determined according to the rent rates approved by the Ministry of Economic Development of the Russian Federation as of the date of entry into force of this resolution.

Approved by the Order of the Government of the Russian Federation of July 16, 2009 No. 582

The basic principles of determination of the rent in case of lease of the parcels of land which are in the state-owned or municipal property

The rent in case of lease of the parcels of land which are in the state-owned or municipal property is determined proceeding from the following basic principles:

the principle of economic justification according to which the rent is established in the amount of, corresponding to profitability of the parcel of land taking into account category of lands to which such parcel of land, and its permitted use, and also taking into account state regulation of rates for goods (works, services) the organizations performing economic activity on such parcel of land and the subsidies provided to the organizations performing activities on such parcel of land is referred;

the principle of predictability of calculation of the amount of the rent according to which in regulatory legal acts of public authorities and local government bodies the procedure of payments of the rent and cases in which review of the amount of the rent unilaterally upon the demand of the lessor is possible are determined. At the same time components of formula according to which the amount of the rent is determined (except for indicator of the rate of inflation and cadastral cost) can change in the big party not more often than once in 3 years;

the principle of maximum permissible simplicity of calculation of the rent according to which the possibility of determination of the rent based on cadastral cost is provided;

the principle of non-admission of deterioration in economic condition of land users and land owners in case of renewal of the rights to the parcels of land according to which the amount of the rent established in connection with renewal of the rights to the parcels of land shall not exceed more than twice the size of the land tax concerning such parcels of land by them;

accounting principle of need of support of socially important types of activity by means of establishment of the amount of the rent in the limits which are not exceeding the size of the land tax, and also protection of interests of persons exempted from payment of the land tax;

the principle of prohibition of unreasonable preferences according to which the procedure of payments of the amount of the rent for the parcels of land belonging to the corresponding public legal entity and referred to one category of lands, used or intended for the same types of activity and provided on the same bases shall not differ;

accounting principle of availability of stipulated by the legislation restrictions of the Russian Federation of the right to acquisition in property of the parcel of land occupied by the building, construction, the owner of this building, construction according to which the amount of the rent shall not exceed the size of the land tax established concerning held for use in the similar purposes and the parcels of land occupied by buildings, constructions for which the specified restrictions of the right to acquisition in property are absent.

Methodical recommendations about application of this document affirm Federal Registration Service.

Approved by the Order of the Government of the Russian Federation of July 16, 2009 No. 582

Rules of determination of the amount of the rent, and also procedure, conditions and terms of introduction of the rent for the lands which are in property of the Russian Federation

1. These rules determine methods of calculation of the amount of the rent, and also procedure, conditions and terms of introduction of the rent for the parcels of land which are in property of the Russian Federation and located in the territory of the Russian Federation.

The rent for use of the parcels of land which are in property of the Russian Federation and located outside the territory of the Russian Federation is levied according to the regulatory legal act of the Government of the Russian Federation regulating procedure for management of federal property, being outside the Russian Federation taking into account the country right where such parcels of land are if international treaties do not establish other. The procedure, conditions and terms of introduction of the rent for the specified parcels of land are determined by the lease agreement of such parcels of land without provisions of these rules.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info