Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

Accepted at the twenty fourth plenary session of Inter-parliamentary Assembly of the State Parties of the CIS (The resolution of December 4, 2004 No. 24-8)

THE MODEL LAND CODE FOR THE STATE PARTIES OF THE CIS

Section I. General provisions

Chapter 1. Basic provisions

Article 1. Tasks of the land legislation

This Code along with other legal acts adopted on its basis governs land relations in the territory of the state, is directed to protection of land rights of citizens and legal entities, creation of conditions for its rational use and protection, reproduction and increase in fertility of soils, preserving and improvement of the environment, effective development of different types of managing on the earth based on use of various patterns of ownership, strengthening of legality in land relations.

Article 2. Land legislation

1. The land relations are governed by this Code and other acts of the legislation issued according to it, and also other legal acts.

2. The mountain, forest and water relations, the relations on protection and use of plant and animal life, atmospheric air are regulated by the special legislation and other legal acts.

Article 3. Application of international treaties

If the international treaty in which the state participates establishes other rules, than those which contain in the land legislation then are applied rules of the international treaty on condition of its ratification in accordance with the established procedure.

Article 4. Structure of lands

1. According to the main purpose of the earth are subdivided into the following categories:

a) the earth of agricultural purpose, including fund of redistribution;

b) earth of settlements (cities, settlements and rural settlements);

c) earth of the industry, transport, communication, broadcasting, television, information science, space providing, power, defense and other appointment;

d) the earth of especially protected territories and objects (nature protection, natural and reserved, improving, recreational, historical and cultural appointment);

e) earth of forest fund;

e) earth of water fund;

g) earth of inventory.

2. In the places of residence and economic activity of the small people and ethnic groups the specific mode of use of the specified categories of lands can be set by the legislation.

Article 5. Reference of lands to categories and transfer from one category in another

1. Reference of lands to the categories specified in Article 4 of this Code is made according to their main purpose.

2. Transfer of lands from one category in another is made in cases of change of their main purpose.

3. Reference of lands to categories and their transfer from one category in another is made by the body which made the decision on provision of these lands.

Chapter 2. Competence of state bodies and local government bodies (municipal authorities) on regulation of land relations

Article 6. Competence of the highest representative (legislative) public authority

In the field of regulation of land relations treat maintaining the highest representative (legislative) public authority:

a) development and enhancement of the land legislation;

b) establishment of forms of the property right and other forms of land right, procedure for the order and use of the earth;

c) determination of procedure for provision of lands in property, lifelong inheritance, use and lease;

d) approval of the list of valuable lands which withdrawal is not allowed;

e) establishment of borders of the territories with particular legal regime of lands;

e) limiting establishment of the sizes and procedure for payment for the earth, and also privileges on payments;

g) consideration and approval together with regional and local authorities of programs for rational use of lands, to preserving and increase in fertility of soils, protection of land resources in complex with other nature protection actions;

h) determination of procedure for maintaining land cadastre and monitoring of lands, the organizations of land management, identification of not used and irrationally used lands;

i) the order lands in the nation-wide purposes in coordination with rural, settlement, city, district authorities, and also owners, land owners and land users;

j) protection of the rights of owners, land owners, land users, lessees.

Article 7. The bodies exercising public administration in the field of use and protection of lands

Public administration in the field of use and protection of lands is performed by the government, executive bodies of areas, local executive bodies, state bodies on land resources, on protection of the surrounding environment and other specially authorized state bodies according to their competence.

Article 8. Competence of the government on regulation of land relations

On regulation of land relations treat powers of the government:

a) territorial planning and organization of use of lands;

b) organization of development and implementation of state programs for use and protection of lands, increase in fertility of soils;

c) ensuring financing of actions for use and protection of lands and its allocation separately in the government budget;

d) the conclusion of intergovernmental agreements and taking measures to execution of international treaties concerning use and protection of lands;

e) establishment of borders of the closed administrative-territorial educations, especially protected natural territories located in the territory of several areas (areas) in the places of residence and economic activity of indigenous ethnic groups and ethnic communities, in coordination with relevant organs of the executive authority and local government bodies;

e) withdrawal, sale and provision of the parcels of land according to the procedure, established by the law;

(g) the redemption of lands for the state needs;) <*>

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<*> Hereinafter in brackets versions of formulations in the presence in the state of the mode of private property on the earth are given.

h) establishment of procedure for the organization of the state control of use and protection of lands;

i) establishment of procedure for the organization and conducting land management, maintaining the state land cadastre and monitoring of lands;

j) determination of procedure for licensing of carrying out inspections on identification of the degraded and contaminated land, and also carrying out land management works;

k) other powers assigned to it by the constitution, this Code, the laws, other legal acts of the state.

Article 9. Powers of specially authorized body on land resources and land management

1. Specially authorized body on land resources and land management:

a) develops in coordination with the land resources interested in the ministries and departments of the offer on management;

b) will organize and controls land management;

c) carries out monitoring of lands;

d) keeps land cadastre;

e) exercises the state control of use and protection of lands, gives instructions, obligatory for execution, on elimination of the revealed violations of the land legislation;

e) develops and represents in accordance with the established procedure standard rates of the price of the earth, the sizes of the land tax, the rent for the earth, penalties for violation of the land legislation;

g) appeals without payment of fees to court, Arbitration Court concerning the cancellation of acts of state bodies of the executive authority and local government bodies which are not corresponding to the legislation;

h) stops execution of decisions concerning withdrawal and provision of the parcels of land before consideration in relevant organs (court, Arbitration Court, state body of the executive authority, local government body) of question of their cancellation or recognition by invalid;

i) registers the rights to the parcels of land (and transactions with the earth) and issues in accordance with the established procedure the documents certifying land rights, plans or drawings of borders of the parcels of land, statements from the state registration (land) book;

j) stops industrial, civil and other engineering, development of mineral deposits and peat, operation of objects, carrying out agrochemical, forest melioration, exploration, search, geodetic and other works if they are performed with violation of the land legislation, the set mode of use of lands of especially protected territories and can lead to destruction, pollution, infection or spoil of fertile layer of earth, development of erosion, salinization, bogging and other processes reducing fertility of soils including the adjacent territory and also if these works are conducted on the projects which did not pass the examination or received the negative decision;

k) grants licenses to the companies, organizations, the organizations on carrying out the land management works and works connected with studying and use of land resources;

l) makes responsible persons guilty of violation of the land legislation according to this Code.

2. By the legislation of the state taking into account local conditions additional functions of specially authorized body on land resources and land management can be established.

Article 10. Powers of regional state bodies of legislature on regulation of land relations <*>

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<*> Extends also to autonomous educations.

1. On regulation of land relations treat powers of regional state bodies of legislature:

a) approval of the law on reference of lands to the state and municipal lands;

b) approval of procedure for reference of lands to the state-owned and municipal property;

c) determination of the territories with particular legal regime of use of lands, establishment and change of their borders;

d) limiting establishment of the minimum and maximum sizes of the parcels of land according to this Code;

e) establishment of the sizes and privileges, procedure and terms of collection of payment for the earth according to the laws of the state;

e) approval of procedure for the order and management of the lands which are in state-owned property;

g) approval of regional programs for rational use of lands, to increase in fertility of soils, protection of land resources in complex with other nature protection actions, to the state control of use of lands, and also procedure for their financing at the expense of the relevant budgets;

h) establishment of procedure for transfer of lands from one category in another;

i) establishment of procedure for maintaining additional land and cadastral documentation taking into account local conditions;

j) establishment of additional guarantees of social protection for the officials exercising the state control of observance of the land legislation, use and protection of lands;

k) other powers according to the laws and other regulatory legal acts of the state.

2. On the questions specified in Item 1 of this Article regulatory legal acts of autonomous educations according to the constitution can be adopted.

Article 11. Powers of regional state bodies of the executive authority on regulation of land relations

On regulation of land relations treat powers of regional state bodies of the executive authority:

a) management of land resources, territorial planning of use and zoning of lands;

b) development and accomplishment of regional programs for rational use of lands, to increase in fertility of soils, protection of land resources in complex with other nature protection actions approved by representative body of the power;

c) change of purpose of lands in the cases provided by this Code;

d) organization of land management, maintaining land cadastre and monitoring of lands;

e) approval according to the legislation of the state and taking into account local conditions of procedure of the state control of use and protection of lands, and also procedure for land management;

e) the order and management of the parcels of land which are in state-owned property, according to the law and according to the procedure, established by state body of the representative authority;

g) organization of works on state registration of the rights to the parcels of land;

(h) the redemption according to the law of lands for the state needs;)

i) permission of land disputes within the competence;

j) cancellation of decisions of the local government bodies contradicting the legislation;

k) development and adoption of regulations according to the laws and other regulatory legal acts;

l) approval of master plans of the cities and settlements;

m) approval of procedure for the order by fund of redistribution of lands;

o) other powers according to the laws and other regulatory legal acts of the state.

Article 12. Powers of local government bodies on regulation of land relations

On regulation of land relations in the corresponding territory treat powers of local government bodies:

a) providing the independent decision with the population of the questions of local value connected with use and protection of lands;

b) execution of the laws and other regulatory legal acts, decisions of local government bodies;

c) decision making on the questions carried to their competence including the powers specified in this Code;

d) development and accomplishment of local programs for use and protection of lands, to increase in fertility of soils;

e) assignment from the local budget for financing of local programs and other actions for use and protection of lands;

e) assessment of condition of use and protection of lands;

g) limiting establishment of the sizes of the parcels of land provided to citizens according to the procedure, determined by this Code;

h) provision and withdrawal of lands within the competence established by this Code;

i) decision making about suspension of operations of the companies violating the land law;

j) implementation according to the legislation of other powers, including the state control of observance of the land legislation, use and protection of lands.

Article 13. Participation of citizens, public associations and bodies of public self-government in implementation of measures for use and protection of lands

1. Citizens, public associations and bodies of territorial public self-government have the right to participate in consideration of questions of use and protection of the lands infringing on interests of the population through meetings, descents of citizens, other forms of public control.

2. Citizens and their associations, bodies of public self-government assist public authorities and specially authorized state bodies in implementation of measures for use and protection of lands and to improvement of protection of the surrounding environment.

3. State bodies inform the population on withdrawal and provision of lands for placement of objects which activities infringe on its interests.

Section II. Property right and other land rights

Chapter 3. Property right to the earth

Article 14. Patterns of ownership on the earth <*>

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<*> Private and municipal patterns of ownership are applied in those states where they are provided by constitutions.

1. The earth can be in state-owned property - on behalf of representative bodies of the power; municipal property of residential and rural locations, other municipalities - on behalf of their local government bodies; in private property of legal entities and citizens, and also in other patterns of ownership.

2. In the course of privatization by the earth the state regional authorities which within the competence transfer dispose (sell) it in property or provide in ownership, use or lease.

3. Conditions and procedure for granting lands in property are determined by this Code and other legal acts published on its basis.

4. Features of acquisition and the termination of the property right to the earth depending on that, there is earth in private property of citizens and legal entities (economic societies and partnerships, cooperatives, public organizations, religious associations, the unions), in state, municipal or other patterns of ownership, can be established only by the law.

5. The rights of all owners to the earth are protected similarly.

Article 15. State-owned property on the earth <*>

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<*> Treats the state with the federal device.

1. The earth which is in property of federation and territorial subjects of the federation is state-owned property.

2. State-owned property on the earth is subdivided into federal property (federal lands) and property of territorial subjects of the federation.

3. Ownership, use and the order of state lands is performed by public authorities and authorities of territorial subjects of the federation according to this Code, other Federal Laws, the laws and other regulatory legal acts of territorial subjects of the federation.

4. Federal lands can treat:

a) the parcels of land for ensuring needs of defense and safety of the country, protection of frontiers;

b) the parcels of land occupied with federal power and space systems, objects of nuclear power engineering, defense industry, communication, meteorological service, mining industry, fuel and energy complex, water and forest fund, rail, air, pipeline, river, sea transport of federal importance, federal highways, objects of federal bodies of the power; the earth of the closed administrative-territorial formations, the earth of inventory of federal importance;

c) the parcels of land of federal national natural parks, national natural parks, state natural wildlife areas, nature sanctuaries, objects of historical and cultural heritage of federal and world importance, resort and medical and improving areas, other especially protected natural territories of federal importance;

d) the parcels of land of academies of Sciences of federal importance, research establishments, higher educational institutions of federal importance, federal state experienced and production farms, agricultural research establishments, federal state educational-experimental and industrial practice farms, state horse-breeding centers, breeding, elite and seed-growing farms which specific list approves the government of federation;

e) other parcels of land provided by the Federal Laws.

5. The list of the parcels of land carried to federal property is determined based on bilateral or multilateral agreements (contracts) with territorial subjects of the federation according to the procedure, established by the Federal Law. Agreements (agreements) affirm the Federal Laws.

6. In property of territorial subjects of the federation there are lands within their administrative-territorial borders except for of the lands transferred to the federal and municipal possession, private property of citizens and legal entities.

Article 16. Municipal land ownership

1. Municipal land ownership - property of residential and rural locations, other municipalities.

In municipal property there are lands within line of the cities, settlements and rural settlements, and also the parcels of land behind their line transferred to the jurisdiction of local government bodies.

2. The procedure for reference of lands to municipal property of the cities and other settlements, and also areas (except areas in the cities) is established by the law of the state.

3. The lands which are in state-owned property can be transferred to municipal property of the cities and other settlements, and also areas (except areas in the cities) for ensuring their development.

4. The solution of questions of ownership, use and order of the parcels of land which are in municipal property is performed by local government bodies independently based on local charters, territorial planning and zoning of lands according to the legislation.

5. The lands bought by local government bodies at owners of the parcels of land by the redemption can be transferred to the municipal possession.

6. The lands which are in municipal property can be transferred to private property, to use and to lease.

7. In the cities of the earth, being in municipal property, can be leased to legal entities only or use.

Article 17. Private property on the earth

1. Citizens and legal entities have the right to have the earth in private property.

2. The property right to the parcel of land means the right to own, use and dispose of it taking into account the encumbrances and restrictions which are available on it and with observance of the conditions established by the law and the agreement based on which it is received.

3. The property right to the parcel of land results from privatization of the state and municipal lands, inheritance, purchase and sale, donation, exchange, entering into the authorized capital of the legal entity and other transactions.

4. The parcels of land are provided in private property of citizens and legal entities for a fee. Free of charge the parcels of land in private property are provided in the cases provided by this Code and also in other cases, directly stipulated by the legislation the states.

5. It is forbidden to transfer to private property from the state-owned or municipal property:

a) the parcels of land occupied with objects of historical and cultural heritage;

b) the parcels of land occupied with the national natural parks, national natural parks, the state natural wildlife areas, nature sanctuaries, dendrology parks and botanical gardens;

c) the parcels of land which are in borders of resort and medical and improving areas;

d) the parcels of land occupied with the woods, except as specified, established by this Code;

e) the parcels of land included in structure of lands of water fund busy the water objects which are in the state-owned and municipal property according to the water legislation;

e) lands public in settlements (the area, streets, drives, roads, embankments, parks, forest parks, squares, gardens, boulevards, beaches and other territories);

g) the parcels of land provided for use and protection of subsoil;

h) the parcels of land infected with radioactive or dangerous chemicals and also subject to biogenic infection;

i) the parcels of land of the state academies of Sciences and other research establishments, state experienced and production farms, research establishments, state educational-experimental and industrial practice farms, the state highest and average educational agricultural institutions, the state rural technical training colleges, public comprehensive schools and other state and municipal educational institutions, state horse-breeding centers, breeding, elite and seed-growing farms which specific list approves the government;

j) the parcels of land occupied with objects, not privatizeable according to the legislation on privatization of the state and municipal companies;

k) other parcels of land, the prohibition on which transfer to private property is provided by this Code.

Article 18. Common property on the parcel of land

1. The parcel of land which is in property of two or several persons belongs to them on the right of common property.

2. The common property on the parcel of land arises in case of receipt in property of two or several persons of the parcel of land which cannot be divided without change of its purpose or is not subject to the Section by law, or in case of voluntary consolidation by owners of the parcels of land belonging to them under the agreement or by a court decision, Arbitration or reference tribunal.

3. The parcel of land can be in common property with determination of share of each of owners (equity property) or without determination of shares (joint property).

4. Land shares in the parcel of land which is in common ownership are object of land relations. Land shares have quantitative expression and the description: specifying on the purpose resolved use, types of grounds. Land shares on the area are not delimited.

5. Features of regulation of common property on lands of agricultural enterprises are established by this Code.

Article 19. Procedure for determination of land shares in the right of common ownership to the parcel of land

1. If the size of land shares of participants of common ownership on the parcel of land cannot be determined based on the law and is not established by the agreement of all her participants, land shares are considered as equal.

2. By the agreement of all participants of common ownership the procedure for determination and change of their land shares depending on contribution of each of them to acquisition and development of the general parcel of land can be established.

3. The participant of common ownership performing at own expense with observance of established procedure of use of the general parcel of land inseparable improvements of this parcel of land has the right to the corresponding compensation of the costs or to increase in the land share in the income from use of the parcel of land. Creation of inseparable improvements of the parcel of land does not involve redistribution of the size of land shares.

4. Features of determination of land shares in the right of common ownership to the parcels of land of members of agricultural enterprises are established by this Code.

Article 20. Ownership, use and the order of the parcel of land which is in common ownership

1. Ownership, use and the order of the parcel of land which is in common ownership is performed in the consent of all her participants, and in case of default of agreement - according to the procedure, established by court, Arbitration or reference tribunal.

2. The participant of common ownership has the right to provision in its ownership, use and the order of part of the general parcel of land, its proportional share, and in case of impossibility of it has the right to demand from other participants owning and using the parcel of land, the corresponding compensation falling to its share.

3. Each participant of common ownership shall participate in proportion with the land share in tax payment, charges and other payments on the general parcel of land, and also in costs for its content and preserving.

4. Features of ownership, use and the order of the parcels of land which are in common ownership of members of agricultural enterprises are established by this Code.

Article 21. Privilege of purchase of land share in the right of common ownership to the parcel of land

1. In case of sale of land share in the right of common ownership to the parcel of land to the stranger other participants of equity property have the privilege of purchase of the sold land share at the price at which it is on sale, and on other equal conditions, except case of sale by auction. Auctions for sale of share in the right of common ownership to the parcel of land in the absence of the consent to it of all participants of common ownership can be held in the cases provided by this Code.

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