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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of September 18, 2013 No. 821

About approval of Rules of acceptance by executive body of the government or local government body of the decision on withdrawal of the parcel of land provided to the public or local government office, the state company (except for the state academies of Sciences, and public institutions entering into structure of the Russian Academy of Sciences), in case of its inadequate use

(In edition of the Order of the Government of the Russian Federation of 13.12.2016 No. 1345)

According to Item 3 of Article 54 of the Land code of the Russian Federation the Government of the Russian Federation decides:

1. Approve the enclosed Rules of acceptance by executive body of the government or local government body of the decision on withdrawal of the parcel of land provided to the public or local government office, the state company (except for the state academies of Sciences, and public institutions entering into structure of the Russian Academy of Sciences), in case of its inadequate use.

2. Determine what the decision on seizure of land, being in federal property, at public institutions, the state companies, and also at the federal state unitary enterprises to which such parcels of land are provided about day of enforcement of the Land code of the Russian Federation (further - the unitary enterprises), in case of their inadequate use is accepted:

The Ministry of Defence of the Russian Federation - concerning the parcels of land provided to public institutions, the state companies and the unitary enterprises subordinated to the Ministry of Defence of the Russian Federation;

Presidential Property Management Department of the Russian Federation - concerning the parcels of land provided to public institutions and the unitary enterprises subordinated to Presidential Property Management Department of the Russian Federation;

Federal Agency for State Property Management - concerning the parcels of land provided to the public institutions, the state companies which are not specified in paragraphs second and third this Item, except for the state academies of Sciences, and public institutions entering into structure of the Russian Academy of Sciences.

3. This resolution becomes effective since January 1, 2014.

Russian Prime Minister

D. Medvedev

 

Approved by the Order of the Government of the Russian Federation of September 18, 2013 No. 821

Rules of acceptance by executive body of the government or local government body of the decision on withdrawal of the parcel of land provided to the public or local government office, the state company (except for the state academies of Sciences, and public institutions entering into structure of the Russian Academy of Sciences), in case of its inadequate use

1. These rules determine procedure for acceptance by executive body of the government or local government body of the decision on withdrawal of the parcel of land provided to the public or local government office, the state company (except for the state academies of Sciences, and public institutions entering into structure of the Russian Academy of Sciences) (further - the parcel of land), in case of its inadequate use (further - the decision on withdrawal of the parcel of land).

2. These rules according to Item 24 of article 3 of the Federal law "About Enforcement of the Land Code of the Russian Federation" extend to cases of the forced termination of the right of permanent (termless) use of the parcel of land provided about day of enforcement of the Land code of the Russian Federation to the federal state unitary enterprise, the state unitary enterprise of the subject of the Russian Federation or municipal unitary enterprise for the bases provided by the subitem 1 of Item 2 of Article 45 of the Land code of the Russian Federation.

3. The decision on withdrawal of the parcel of land is made:

a) concerning the parcels of land provided on the right of permanent (termless) use;

b) based on arrived from the federal executive body authorized on carrying out the state land supervision, copies of the following documents certified by the official of this federal executive body:

the instruction about elimination of the revealed violation of requirements of the land legislation;

the inspection statement of accomplishment by the land user of the instruction about elimination of the revealed violation;

other documents connected with results of check of accomplishment of the specified instruction;

c) in 2-month time from the date of receipt of copies of the documents specified in the subitem "b" of this Item in executive body of the government or local government body, authorized to make the decision on withdrawal of the parcel of land.

4. The decision on withdrawal of the parcel of land contains:

a) basis for withdrawal of the parcel of land;

b) the name of person which right of permanent (termless) use of the parcel of land is subject to the termination;

c) cadastral number and the area of the parcel of land which is subject to withdrawal.

5. Executive body of the government or local government body, authorized to make the decision on withdrawal of the parcel of land, within 7 working days from the date of decision making about withdrawal sends the copy of such decision to the public or local government office, the state company on which the decision on the termination of the right of permanent (termless) use of the parcel of land, and also to public authority or local government body under which authority such organization is is made by means of the mailing.

 

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