Document from CIS Legislation database © 2003-2019 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, informatics, 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 the transfer from one category to 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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