ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of May 7, 2003 N262

About approval of Rules of compensation to owners of the parcels of land, land users, land owners and lessees of the parcels of land of the losses caused by temporary occupation of the parcels of land, restriction of the rights of owners of the parcels of land, land users, land owners and lessees of the parcels of land or quality degradation of lands as a result of activities of other persons

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

1. Approve the enclosed Rules of compensation to owners of the parcels of land, land users, land owners and lessees of the parcels of land of the losses caused by temporary occupation of the parcels of land, restriction of the rights of owners of the parcels of land, land users, land owners and lessees of the parcels of land or quality degradation of lands as a result of activities of other persons.

2. Declare invalid the Regulations on procedure for indemnification to owners of land, land owners, land users, lessees and losses of agricultural production approved by the resolution of Council of Ministers - the Governments of the Russian Federation of January 28, 1993 of N77 (Collection of acts of the President and the Government of the Russian Federation, 1993, N 6, Art. 483; Russian Federation Code, 1995, N 3, Art. 190; N 49, of Art. 4808; 1996, N 28, Art. 3383; 1999, N 21, the Art. 2625), regarding indemnification to owners of land, land owners, land users and lessees.

Approved by the Order of the Government of the Russian Federation of May 7, 2003 No. 262

Rules of compensation to owners of the parcels of land, land users, land owners and lessees of the parcels of land of the losses caused by temporary occupation of the parcels of land, restriction of the rights of owners of the parcels of land, land users, land owners and lessees of the parcels of land or quality degradation of lands as a result of activities of other persons

1. These rules according to Article 57 of the Land code of the Russian Federation determine procedure for compensation to owners of the parcels of land of the losses caused by temporary occupation of the parcels of land, restriction of the rights of owners of the parcels of land or quality degradation of lands as a result of activities of other persons, and also compensation to land users, land owners and lessees of the parcels of land of the losses caused by temporary occupation of the parcels of land, restriction of the rights of land users, land owners and lessees of the parcels of land or quality degradation of lands as a result of activities of other persons.

Paragraph two of ceased to be valid according to the Order of the Government of the Russian Federation of 31.03.2015 No. 299

2. The basis for indemnification to owners of the parcels of land is:

a) the agreement on temporary occupation of the parcel of land between the owner of the parcel of land and person for benefit of whom temporary occupation of the parcel of land is performed;

b) act of state body of the executive authority or local government body of restriction of the rights of the owner of the parcel of land, agreement on the servitude;

c) the act of state body of the executive authority or local government body of quality degradation of lands as a result of activities of other persons;

d) judgment.

3. The basis for indemnification to land users, land owners and lessees of the parcels of land is:

a) ceased to be valid according to the Order of the Government of the Russian Federation of 31.03.2015 No. 299

b) the agreement on temporary occupation of the parcel of land between the land user, the land owner, the lessee of the parcel of land and person for benefit of whom temporary occupation of the parcel of land is performed;

c) act of state body of the executive authority or local government body of restriction of the rights of the land user, land owner, lessee of the parcel of land, agreement on the servitude;

d) the act of state body of the executive authority or local government body of quality degradation of lands as a result of activities of other persons;

e) judgment.

4. Indemnification is performed at the expense of means of the relevant budgets or persons whose activities caused the necessity of establishment security, of sanitary protection zones and involves restriction of the rights of owners of the parcels of land, land users, land owners and lessees of the parcels of land or quality degradation of lands.

5. The size of the losses caused to owners of the parcels of land, land users, land owners and lessees of the parcels of land by temporary occupation of the parcels of land, restriction of the rights of owners of the parcels of land, land users, land owners and lessees of the parcels of land or quality degradation of lands as a result of activities of other persons is determined by agreement of the parties and is calculated according to the methodical recommendations approved by the Ministry of Economic Development of the Russian Federation.

The disputes connected with determination of the size of losses are considered judicially.

6. Ceased to be valid according to the Order of the Government of the Russian Federation of 31.03.2015 No. 299

7. In case of determination of the size of the losses caused to owners of the parcels of land, land users, land owners and lessees of the parcels of land by temporary occupation of the parcels of land losses which they incur in connection with early termination of the obligations to the third parties, including lost profit, and also the expenses connected with temporary occupation of the parcels of land are considered.

8. In case of determination of the size of the losses caused to owners of the parcels of land by restriction of their rights difference between market value of the parcel of land without restrictions of the rights and market value of the parcel of land taking into account these restrictions, losses which owners of the parcels of land incur in connection with early termination of the obligations to the third parties, including lost profit, and also the expenses connected with restriction of the rights are considered.

In case of determination of the size of the losses caused to land users, land owners, lessees of the parcels of land by restriction of their rights to the parcels of land losses which land users, land owners, lessees of the parcels of land incur in connection with early termination of the obligations to the third parties, including lost profit, and also the expenses connected with restriction of the rights are considered.

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