Agricultural land (CXN)They are the basis for the production of basic types of food, animal feed and raw materials for individual industries. Therefore, a special mode of use has been established for them, designed to ensure protection, increase fertility, and prevent their withdrawal from circulation.
Legislator in the Land Code of the Russian Federation and the Federal Law "Onthe turnover of agricultural land "№ 101-FZ identifies the following types of land in the composition of territories intended for agriculture:
one.Agricultural land is a land of high value, having priority for the state and subject to special protection. They are a means for the production of basic foods. Additionally, these territories provide particularly valuable and productive areas, which provide an additional degree of protection.
2. Non-agricultural (servingf) grounds - areas on which the objects are located (natural, artificial) used in farming and the maintenance of the surrounding land.
Accordingly, CXN sites can be simple andcomplex. In the first case, they consist of a single type of territory, which may be of equal or heterogeneous quality and degree of use. And complex, in turn, consist of both agricultural and "serving" land in different percentages.
According to the National Land Fund, the area of agricultural land in Russia is 195.6 million hectares, and the territory for servicing agricultural lands is 207.6 million hectares.
According to the "List of land accounting terminology,"approved by the Ministry of Agriculture of the USSR on July 21, 1970, agricultural land is a land plot used in agriculture as the main means of production: arable land, deposit, perennial plantings (without forest area), hayfields and pastures (without deer). They are a means of production and heterogeneous in their structure, quality and area.
This term reflects the features of the functional use of the territory, due to its natural properties (soil relief) and the availability of resources on it required to conduct a specific activity. Using this term, clarify the legal regime of specific sections.
In Art. 79 of the Land Code of the Russian Federation clearly defines the structure of agricultural land (arable land, hayfields, pastures, perennial plantations). In Resolutions of the Rosstat No. 104 of December 20, 2007 (paragraph 41) and № 95 dated 11/30/2005 (clauses 12.5-12.11) the following provisions were given:
one.Arable land is an agricultural land that is systematically processed and used for food crops (grain, vegetable, oilseeds, perennial grasses, etc.), as well as for the placement of greenhouses (greenhouses, greenhouses), and couples. The latter include:
2. Haymaking is an agricultural plot systematically used for haymaking (forage grasses).
3. Pasture - a plot where grazing is carried out regularly (pasture) animals.
four.Perennial plantings are land occupied by artificial plantations of shrubs, fruit trees and grasses intended for harvesting fruits, berries, medicinal herbs and technical products.
In practice, there are such types of land as deposits. This is agricultural land, which was previously used for arable land, but left not sown for more than 1 year and not prepared for steam.
Often, it is also proposed to add to the list the concept of “inconvenient lands” - areas of CXN that are unsuitable for normal farming or requiring restorationsaline, solonetz, washed away, stony land, etc.). Moreover, the territory of agricultural land may become useless as a result of natural factors (erosion, landslides, waterlogging, etc.), human action (overuse) or man-made disasters.
Non-agricultural land is land, the surface of which is the basis (the basis) to accommodate certain objects intended for agriculture (territory service, protection, etc.).
Types of land of this type are listed in Art. 77 RF Code. This list includes:
one.Land occupied by trees and shrubs, necessary to protect areas from adverse events. At the same time, the plantations do not belong to the forest fund and are fully owned by the owner, who can dispose of them at his discretion (cutting down). According to the National Land Fund, the land area with tree and shrub plantings of the protective type is 19 million hectares.
2Plots with enclosed reservoirs located on them. The latter imply ponds, wetlands (not swamps) and flooded pits, which, according to Part 2 of Art. 8 of the Water Code of the Russian Federation are not state property. As of 2016, the area of land under closed reservoirs reached 13 million hectares.
3. The lands along which the on-farm roads and communications for agriculture pass (reclamation systems, irrigation pipes, etc.) It is worth noting that under the roads mean country (unauthorized, self-rolled) paths and ruts that do not belong to the Russian Federation, region or municipality. Road sections across Russia cover an area of 2.3 million hectares.
4. Land plots with buildings and facilities used for processing (primary), production and storage of agricultural products (mills, warehouses, milk stores, etc.).
Non-agricultural land is a compound object, where the earth is the main thing, and various objects are accessories.
Зачастую в законодательстве угодье considered as an independent object of ownership or is used as a synonym for the land plot. For example, art. 58 of the Land Code of the Russian Federation speaks of agricultural land, deer pastures, which are owned by citizens or organizations, and in paragraph 2 of Art. 4 of the Law № 101-FZ "land" replaces the concept of "plot".
However, such a substitution is fundamentally wrong and evenIt is dangerous for the statistical calculation of the territories of agricultural land in Russia and the determination of their structure. It should be understood that the "site" has no individual boundaries and is not considered in the state cadastre as an independent object. In civil turnover (sale, rent, etc.) it can participate only as part of a certain area.
The turnover of SHN sites is carried out according to the rulescivil and land legislation and takes into account current restrictions. The latter mean prohibitions or conditions established by the laws and regulations that constrain the rightholders in the process of owning or disposing of the site of agricultural production.
Federal Law No. 101-FZ provides for the following restrictions:
1. Prohibition to foreigners (individuals, organizations with foreign participation in more than 50%) acquire agricultural land. Moreover, the lease of land in unlimited quantities is not prohibited.
2. The impossibility of changing the purpose without the statutory basis. The use of agricultural land without the purpose of conducting the relevant activities is not allowed.
3.Establishment of limit sizes for SHN sites that may be owned by one person or organization. Specific indicators are determined at the regional level in the range from 10% to 90% of the total land area in a particular municipality.
4. The pre-emptive right of the subject and the administrative district to acquire a plot of SHN in case of its sale.
Limitations in turnover are due to the fact thatAgricultural territories are strategic objects that ensure the country's food security. Obstruction of the free circulation of land is in the legislation of almost all countries, and in the Russian Federation they are quite soft. For example, in Denmark, organizations are not entitled to acquire or lease land, and individual buyers must live in rural areas for at least 8 years.
