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FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 21, 2004 No. 172-FZ

About transfer of lands or the parcels of land from one category in another

(The last edition from 27-12-2018)

Accepted by the State Duma of the Russian Federation on December 3, 2004

Approved by Council of the Russian Federation on December 8, 2004

Chapter 1. General provisions

Article 1. Legal regulation of the relations arising in connection with transfer of lands or the parcels of land as a part of such lands from one category in another

Legal regulation of the relations arising in connection with transfer of lands or the parcels of land as a part of such lands from one category in another is performed by the Land code of the Russian Federation, this Federal Law, other Federal Laws and other regulatory legal acts of the Russian Federation, the laws and other regulatory legal acts of subjects of the Russian Federation accepted according to them.

Article 2. Structure and procedure for preparation of documents for transfer of lands or the parcels of land as a part of such lands from one category in another

1. For transfer of lands or the parcels of land as a part of such lands from one category in another the interested person the petition for transfer of lands from one category in another or the petition for transfer of the parcels of land from structure of lands of one category in another (further also - the petition) in the executive body of the government or local government body authorized for consideration of this petition moves.

2. Contents of the petition for transfer of lands from one category in another and structure of the documents attached to it are established:

1) public authorities of subjects of the Russian Federation concerning lands of agricultural purpose, except for the lands which are in property of the Russian Federation;

2) the federal executive body authorized by the Government of the Russian Federation concerning other lands.

3. In the petition for transfer of the parcels of land from structure of lands of one category in another are specified:

1) cadastral number of the parcel of land;

2) category of lands which part the parcel of land, and category of lands which transfer in structure is supposed to be made is;

3) reasons for transfer of the parcel of land from structure of lands of one category in another;

4) rights to the parcel of land.

4. The following documents are also necessary for decision making about transfer of the parcels of land from structure of lands of one category in another:

1)  No. 361-FZ voided according to the Federal Law of the Russian Federation of 03.07.2016

2) copies of identity documents of the applicant (for applicants - physical persons);

2. 1) the extract from the Unified State Register of Legal Entities and Individual Entrepreneurs (for applicants - individual entrepreneurs) or the extract from the Unified State Register of Legal Entities (for applicants - legal entities);

3) the statement from the Single state real estate register on the parcel of land which transfer from structure of lands of one category in another is supposed to be made;

4) the conclusion of the state environmental assessment if its carrying out is provided by the Federal Laws;

5) the consent of the owner of the parcel of land to transfer of the parcel of land from structure of lands of one category in another, except for case if owner of the parcel of land is person with whom the agreement on establishment of the servitude concerning such parcel of land is signed;

6) voided

4.1. The documents provided by Items 2 and 5 of part 4 of this Article go the interested person to executive body of the government or local government body. The documents provided by Items 1, 2.1, 3 and 4 of part 4 of this Article are requested by executive body of the government or local government body in bodies and the organizations subordinated to state bodies or local government bodies at which disposal the specified documents are if the interested person did not submit the specified documents independently.

5. Executive bodies of the government or local government bodies petition for transfer of the parcels of land from structure of lands of one category in another without the consent of owners of the parcels of land in cases of transfer of the parcels of land from structure of lands of one category in another for creation of especially protected natural territories without seizure of land at their owners or in connection with establishment or change of line of settlements.

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