Transfer of agricultural land to populated lands. Transfer of agricultural land to the land of settlements

All territories in Russian Federation divided into sections depending on their composition. Regardless of who is the owner of the land, land plots are necessarily assigned the category - legal regime setting out acceptable uses of real estate.

The owner (land user) does not have the right to change the category on his own - the strictly regulated procedure for transfer and registration allows avoiding abuse during the operation of the site.

Citizens most often face the need to transfer a plot from one category to another when it comes to small land plots received many years ago for use from the municipality or a horticultural non-profit partnership (hereinafter referred to as SNT). Even the registration of ownership or privatization of such land does not give the owner the official right to build and register a residential building or other object on this territory that does not meet the target requirements. To put a building on state registration, you must obtain permission to transfer land from one category to another.

1. Industrial. Plots of this category are allocated for the construction of transport routes and buildings, buildings for the defense and security of the country, for energy, communications and scientific programs and other special purposes.
2. Lands of settlements (hereinafter in the text - RFP). Allotments set aside for the development of residential buildings. The main feature of such lands is that they cannot be located on land areas for other purposes or in private property.
3. Agricultural purpose (hereinafter - ZSHN). The land resource required for the production of agricultural products: pastures, arable lands, allotments for gardening and horticulture, forest shelter belts, reservoirs for growing fish and land of a similar nature.
4. Water fund.
5. Specially Protected. These include the territories withdrawn (partially withdrawn) from the general circulation, which are of valuable value.
6. Forest fund (read: how).
7. Stock lands. State plots that have not been transferred for use to citizens or organizations and have not been sold into ownership.

Transfer of a site from one category to another: what you need to know

Change destination for land plot today it is governed by the provisions of the RF LC and Federal Law No. 172-FZ of December 21, 2004 (current edition of July 29, 2017, hereinafter - FZ 172). Before starting the procedure for transferring a category of land allotment to another legal status, the owner (user) will need to clarify whether the legislation can permit such changes. The provisions of Federal Law 172 establish restrictions and mandatory conditions that will need to be observed to change the category of a particular type of land:

1. For ZSHN. Transfer of such valuable allotments for the state to general grounds prohibited (paragraph 2 of article 7 of the Federal Law 172). Exceptional circumstances admitting changes are provided for allotments, the value of which is lower than 50% of the average cadastral price of land in the region. The law refers to such conditions the following reasons for changing the category:

• conservation of the territory;
• creation of especially valuable zones;
• expansion of the RFP;
• planned construction of industrial facilities;
• transfer to the water or forest fund, to the land reserve zones, if the territory of the ZSKhN has become unsuitable for exploitation;
• construction of roads, power lines, pipelines;
• for the needs of defense, the implementation of international government projects;
• planned development of minerals at the site of the ZSKhN;
• placement of social facilities, including for education and health care, if there is no other territory for the construction of this facility.

1. RFP. Changes along with the expansion (reduction) of the limits of the settlement (Art. 8 FZ 172).
2. Industrial zones can be transferred to other categories without special restrictions (Article 9 of the Federal Law 172), but subject to full restoration according to the reclamation plan.
3. Lands with special status (protected, valuable). They are transferred to another category extremely rarely due to the loss of valuable properties (Article 10 of the Federal Law 172). And on the contrary, any territory, with the exception of ZNP, can receive the status of a specially protected zone, provided there are conditions for the creation of a tourist, nature protection or other similarly valuable zone in this area.
4. Forest and water areas. They are translated when creating especially valuable sites or constructing an object of state (municipal) significance, and are also integrated into the expanding boundaries of a settlement (Articles 11, 12 FZ 172).

It should be clarified that restrictions on the transfer of a specific territory to another category may be imposed by special regulations... You can find out for sure whether the transfer procedure can be carried out for a specific site by sending a request in advance to the land and property department of the municipality in whose department this land is located.

The process of changing the land category: step by step instructions

The owner of the allotment or land user has the right to initiate the transfer procedure, which may be citizens, representatives legal entity(LE), individual entrepreneurs (IE) or communities of small indigenous peoples of Russia, and in some cases - competent state (municipal) authorities. Step-by-step instruction change of the category of land is as follows (Art. 3 FZ 172):

Step 1. Preparation of a package of documents

A complete list of documentation is contained in Article 2 of Federal Law 172:

1. Passport or other proof of identity of the applicant.
2. An extract confirming the registration of an individual entrepreneur or legal entity (if necessary).
3. Extract from the Unified State Register of Real Estate. If the owner (user) does not have a paper copy with a seal, the request for receipt will be sent by the executive bodies.
4. Documents confirming the acquisition of ownership of land (, certificate of inheritance, etc.) or consent from the owner, if the site is operated on the basis of the right to use.
5. Conclusion ecological expertise.

The latter document is not required for every category of real estate, but in the conditions determined by federal laws.

In addition to the above, the applicant may be asked to additional documents in accordance with federal (municipal) regulations and decrees of the Government of the Russian Federation (clause 2, article 2 of FZ 172).

Step 2. Apply with an application (petition)

Depending on the ownership of the land plot, the application should be made to the land and property department of the regional government or local government.

The document is drawn up in free form or on a form approved by the competent authorities. A sample of filling out an application can be found on information boards or on the website of the department that accepts such applications. When drawing up, you need to indicate:

• the applicant's rights to land;
• the current category of the allotment and the category of the planned transfer;
• justify the reason for the transfer to this category.

Step 3. Making a decision with the preparation of an appropriate act

The accepted application is considered within 2 months (in city, municipal authorities authorities) or 3 months (by the regional government or the Government of the Russian Federation). The notification on the transfer (refusal to transfer) of the land allotment to another category is sent to the applicant within 2 weeks from the date of the decision.

If the result is positive, the land and property department draws up an act on the transfer of land to the declared category. In this case, you will not need to reissue other land documentation.

Step 4. Registering the category change

A copy of the act is sent from the local (regional) administration to the territorial department Federal Service state registration, cadastre and cartography (department of Rosreestr) within ten days from the date of approval of the decision. Changes are made to the USRN on the basis of this act (Article 5 of the Federal Law 172).

The service of notifying Rosreestr about the change of category is provided to the applicant free of charge. For the provision of state services for making changes to the USRN, the owner (user) of the site will need to pay a state duty in the amount of 350 rubles. (Article 333.33 of the Tax Code of the Russian Federation).

After registration, the owner of the plot can start using the allotment in accordance with the new legal status land.

Refusal to change the category of land

The applicant may be refused at the stage of submitting the application. The reasons for this may be that this person does not have the right to submit an application, as well as incorrect or incomplete execution of the mandatory attached documents. For re-application it is necessary to eliminate all the defects indicated in the disclaimer documents.

An official refusal to transfer a plot of land to another category is made on the grounds listed in Art. 4 FZ 172:

• restriction (prohibition) on transfer to another category imposed by the current legislation;
• the declared category contradicts the intended purpose of the allotment;
• ecological state expertise installed Negative consequences upcoming transfer.

Another reason why the translation cannot be made is if the declared territory is too high (more than 50% of the average cost for the region). In any of these cases the applicant will be fully returned the package of documents within 30 working days from the date of submission of the application, notifying the reason for the refusal.

The applicant can challenge the decision through the court and, with a positive decision of the court, send a new petition. The appeal procedure is as follows:

1. Get your hands on an act in the property and land department.
2. Draw up and serve statement of claim on the recognition of the drawn up act as illegal. Attach documents to the application:

• a photocopy of the issued act;
• a copy of the application and accompanying documents;
• documentation confirming the illegitimacy of the refusal or permission to transfer;
• receipt of payment of state duty;
• other documents related to the trial.

1. Having received notification of the place and date of consideration, appear in court at the appointed time.
2. If the court has satisfied the requirements of the statement of claim, obtain a copy of the court decision from the office.
3. Submit reapplication by attaching a court decision to the package of documents.

Appeal process based on an example from judicial practice

The owner of the dacha allotment, citizen P., filed a lawsuit with the court with a request to declare illegal the act of refusal to transfer the allotment from agricultural land to the ZNM category. Citizen P. substantiated his claim by the fact that in connection with the expansion of the residential neighborhood planned for 2017 - 2019, the decision of the meeting of the district Duma of the Starodvorsky municipal district No. n. Veseloe.

On July 1, 2017, citizen P. sent a petition to the administration of the Starodvorsky district to include his allotment in the territory of the town of Veseloye and transfer country land from the category of ZSHN in ZNP for individual housing construction (IZHS).

The administration of the Starodvorsky district made a decision to refuse to include the site in the boundaries of the town of Veseloye due to the fact that the construction of a residential complex has not yet begun, due to which the boundaries of the village are expanding.

Having examined the materials presented, the court concluded that the act of refusal issued in response to the petition of citizen P. was unfounded. In accordance with paragraph 1 of Article 7 of Federal Law 172, the expansion of the territory of an urban settlement, fixed by urban planning - legitimate reason for the transfer of suburban ZSHN to the declared category of ZNP

Based on this, the court ruled to recognize invalid act administration of the Starodvorsky district, and also recognized for the citizen P. the right to include the land belonging to him in the town of Veseloye of the Starodvorsky district and the right to transfer the claimed allotment from the ZSHN category to the ZNP.

Transfer of agricultural land to another category is a procedure that is regulated by the Land Code of the Russian Federation, Federal Laws, and other regulatory legal acts. To carry it out, the owner of the land plot must contact the executive body state power or a local government body. Most often, such a procedure is carried out to increase the cadastral value.

Transfer of an agricultural land plot to another category is allowed only in the following cases:

• For conservation, creation of specially protected natural area, assignment of the site to the composition of the historical, cultural, nature conservation, recreational or other valuable purpose.
• At .
• When placing industrial facilities, the cadastral value of which does not exceed the average level of the cadastral value in the urban district or municipal district.
• In cases related to the inclusion of land unsuitable for agricultural production in the composition, or.
• During the construction of power and communication lines, roads, railway tracks, oil, gas and other pipelines.
• For execution international obligations.
• For mining.
• For the placement of utility facilities, social purpose as well as for healthcare and education.

According to paragraph 4 of Article 79 of the Labor Code of the Russian Federation, the transfer of agricultural land to another category is prohibited if the cadastral value of the future land plot is 50% more than the average cadastral value in the urban district or municipal district. The same restriction applies to lands that are especially valuable and productive.

Transfer procedure

To transfer a land plot for agricultural purposes to another category, interested person it is necessary to submit an application for such an intention to the local government or executive power, that is, you need to contact the local administration.

In the application, you must indicate your rights to the land plot, its cadastral number, the category of land to which you want to transfer, and the rationale for such a procedure. The justification for the transfer of lands, like the application, is written in free form. It is necessary to substantiate the necessity and expediency of translation. In particular, it is possible to cite as evidence: the conclusion of the environmental expertise on the low agricultural value of the land, the significant social value of the object being built, you need to indicate information about the object that will be located on the site, the advisability of placing it in this place, proof that the object can be located on this site and the lack of the ability to place it anywhere else.

If the land plot is owned by the Russian Federation, then the application shall indicate the purpose of the transfer and the justification for the need to use the plot as part of the requested category of land, incompatible with being in the composition of agricultural land; justification for the absence of other use cases land plots from other categories of land for the requested purposes, as well as a financial and economic justification for the feasibility of transferring sites to another category.

Also, the following documents must be attached to the completed application:

• Extract from the unified state land registry, which indicates information about the studied area.
• Copies of documents that prove the identity of the applicant.
• Extract from USRIP (for applicants - individual entrepreneurs) or an extract from the Unified State Register of Legal Entities (for applicants - legal entities)
• Environmental impact assessment state standard.
• Written consent of the owner for such a translation.
• Extract from the USRN for the land plot, the transfer of which is supposed to be carried out

On average, a submitted application is reviewed for 2-3 months, it all depends on which authority you submit documents to. If the answer is positive, the local authorities adopt an act on the transfer of an agricultural land plot to another. Also, the applicant within 14 days from the date of adoption of the act may receive a written refusal, which must indicate the grounds for such a decision.

After body cadastral registration informs local authorities O changes made, carried out state registration right. This is necessary to make changes to the Unified State Register of Rights to real estate... A special feature is that the owner does not need to independently re-register all documents of title to the site.

Refusal to transfer

Despite the relative transparency of the procedure, the owner may be refused if he intends to transfer an agricultural land plot to another category. This usually happens for the following reasons:

• Due to the restrictions described in federal law.
• Due to the negative decision of the environmental impact assessment.
• Due to the discrepancy between the intended purpose of the approved documentation.

If you do not agree with the decision of the administration, the received act of refusal to transfer the land plot can be appealed to judicial procedure no later than 3 months from the date of receipt of the refusal documents. If the owner is unable to appeal due to good reason, which will be documented, the decision can be appealed outside of this period.

Transfer of land from agricultural purposes to individual housing construction

Transfer of a land plot from the agricultural category to a legally regulated procedure, thanks to which this plot will be included in the settlement zone. Such a change helps to significantly increase the cadastral value of land, gain a number of advantages: more developed infrastructure and much more. The transfer of such plots to individual housing construction is not always advisable, the owner must prove the validity and expediency of such a procedure, if necessary, pay all the arrears on his own.

If in the documents for the transfer of an agricultural land plot is indicated for the purpose of individual housing construction, then the transfer procedure will be quite long and complicated. It is regulated by Federal Law No. 172, the final decision is made by the regional administration. If the land plot is already within the boundaries of the settlement described in the master plan, then it may be necessary to change the type of permitted use in the application procedure. Then the owner can give his site the type of permitted use, which it should be according to the master plan. If, in the event of transferring your site to individual housing construction, it will appear on the list of conditionally permitted or auxiliary, it is necessary to hold public hearings.

Conversion of agricultural land to industrial

Converting land from agricultural land to land is a long and difficult process. It is regulated by Federal Law No. 172. Transfer is possible in cases where the cadastral value of the land plot does not exceed the average value for the area or if there are no other options for the location of industrial facilities.

To do this, you must adhere to the following algorithm:

• The completed application is submitted to the municipality or executive body.
• It is necessary to attach a reclamation project to the documents - a set of measures necessary for restoration environment from the intended activity. It is also necessary to attach a state ecological expertise.

The development of reclamation projects is carried out on the basis of existing environmental, sanitary and hygienic, construction, water management, forestry and other norms and standards, taking into account regional climatic conditions and the location of the disturbed site. Reclamation includes two stages: technical and biological. The activities that are carried out at each stage should be reflected in the project. Technical stage provides for planning, the formation of slopes, the removal and application of a fertile soil layer, the construction of hydraulic engineering and reclamation structures, the disposal of toxic overburden, as well as other works that create the necessary conditions for further use of the reclaimed land for its intended purpose.

The biological stage includes a complex of agrotechnical and phytomeliorative measures aimed at improving the agrophysical, agrochemical, biochemical and other properties of the soil.

• After consideration, a decision is made.
• If the answer is yes, it is necessary to register the property rights.

As a result of the translation, you should have the following documents: a transfer act, a state registration certificate, a land plot lease agreement (if it is provided on a lease basis).

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Commentary to the Federal Law "On the transfer of land or land plots from one category to another" Yalbulganov Alexander Alibievich

Article 7. Features of the transfer of agricultural land or land plots within such land from agricultural land to another category

Features of the transfer of agricultural land or land plots within such land from agricultural land to another category

Commentary on Article 7

The commented article established the features of the transfer of agricultural land or land plots within such land from agricultural land to other categories.

According to Article 77 of the Labor Code of the Russian Federation, agricultural land is recognized as land outside the settlements provided for needs Agriculture, as well as intended for these purposes. As part of agricultural land, agricultural land is allocated, land occupied by on-farm roads, communications, forest plantations, designed to ensure the protection of land from the impact of negative (harmful) natural, anthropogenic and man-made phenomena, water bodies, as well as buildings, structures, structures used for production, storage and primary processing agricultural products.

Agricultural land in the composition of agricultural land includes arable land, hayfields, pastures, fallow lands, land occupied by perennial plantations (orchards, vineyards, and others). Agricultural lands have priority in use and are subject to special protection.

Clause 1 of the commented article contains a closed list of cases of an exceptional nature, upon the occurrence of which it is allowed to transfer agricultural land or land plots within such land from agricultural land to another category.

In accordance with subparagraph 1 of paragraph 1 of the commented article, the transfer of agricultural land or land plots within such land from agricultural land to another category is allowed in the event of land conservation. According to clause 6 of article 13 of the RF LC, conservation of lands with their withdrawal from circulation is allowed in order to prevent land degradation, restore soil fertility and contaminated areas in the manner established by the Government of the RF.

Federal Law of July 16, 1998 No. N 101-FZ (as amended on August 22, 2004) "On government regulation ensuring the fertility of agricultural land "established the concept of agricultural land degradation. It means the deterioration of the properties of agricultural land as a result of natural and anthropogenic impacts.

Soil pollution is understood to mean the content in soils of chemical compounds, radioactive elements, pathogenic organisms in quantities that have a harmful effect on human health, the surrounding natural environment, fertility of agricultural land.

The fertility of agricultural lands is understood as the ability of the soil to meet the needs of agricultural crops in nutrients, air, water, heat, biological and physical-chemical environment and to ensure the harvest of agricultural crops.

According to the Decree of the Government of the Russian Federation of October 2, 2002 No. 830 "On Approval of the Regulations on the Procedure for Conservation of Lands with Their Removal from Circulation", it is allowed to conserve lands that have been subjected to negative (harmful) influences, as a result of which land degradation and environmental deterioration occur, as well as contaminated lands, the use of which leads to a negative impact on human health, including: a) lands exposed to water and wind erosion, mudflows, secondary salinization, desiccation, compaction, as well as lands in areas Far north occupied by reindeer pastures with strongly disturbed soil and vegetation cover; b) lands with surface subsidence due to the use of subsoil or natural geological processes; c) lands contaminated radioactive substances, oil and oil products, heavy metals and other toxic chemicals, biological substances and microorganisms in excess of the maximum permissible concentrations harmful substances(microorganisms), including lands on which, as a result of radioactive, chemical or biogenic pollution, the production of products that meet the requirements is not ensured, established by law Russian Federation.

In accordance with subparagraph 2 of paragraph 1 of the commented article (as amended by Federal law dated July 21, 2005 111-FZ), the transfer of agricultural lands or land plots within such lands from agricultural lands to another category is allowed in the event of the creation of specially protected natural areas or with the assignment of lands to lands of environmental, historical, cultural, recreational and other particularly valuable purposes.

According to the Federal Law of March 14, 1995 No. 33-ФЗ (as amended on March 23, 2007) "On Specially Protected Natural Areas" under specially protected natural areas are understood as areas of land, water surface and air space above them, where natural complexes and objects with special environmental protection, scientific , cultural, aesthetic, recreational and health-improving value, which are withdrawn by decisions of state authorities in whole or in part from economic use and for which a special protection regime has been established.

The concept and composition of specially protected areas are also defined in Article 94 of the RF LC. In particular, lands of specially protected areas include lands that have special environmental, scientific, historical and cultural, aesthetic, recreational, health-improving and other valuable value, which are seized in accordance with the regulations federal bodies state power, state power bodies of the constituent entities of the Russian Federation or decisions of local self-government bodies in whole or in part from economic use and circulation and for which a special legal regime has been established. The lands of specially protected areas include lands: 1) specially protected natural areas, including health-improving areas and resorts; 2) environmental protection; 3) for recreational purposes; 4) historical and cultural purposes and other especially valuable lands.

In accordance with Article 95 of the Labor Code of the Russian Federation, lands of specially protected natural areas include lands of state natural reserves, including biosphere reserves, state natural reserves, natural monuments, national parks, natural parks, dendrological parks, botanical gardens, territories of traditional natural use of indigenous small peoples North, Siberia and Of the Far East RF, as well as lands of health-improving areas and resorts. The latter belong to specially protected natural areas and are intended for the treatment and recreation of citizens. These lands include lands with natural medicinal resources (deposits mineral waters, therapeutic mud, brine of estuaries and lakes), a favorable climate and other natural factors and conditions that are used or can be used for the prevention and treatment of human diseases.

According to article 97 of the RF Labor Code, the lands of nature protection designation include the following lands: 1) forbidden and spawning zones; 2) occupied by protective forests provided for by forest legislation (with the exception of protective forests located on the lands of the forest fund, lands of specially protected areas), and other lands performing nature conservation functions.

According to Article 98 of the RF Labor Code, recreational lands include lands intended and used for organizing recreation, tourism, physical culture and health and sports activities of citizens. Land for recreational purposes includes land plots on which there are rest houses, boarding houses, campings, facilities physical culture and sports, tourist bases, stationary and tent tourist and recreation camps, houses of fishermen and hunters, children's tourist stations, tourist parks, forest parks, educational and tourist trails, trails, children's and sports camps, and other similar objects.

In accordance with Article 99 of the RF Labor Code, the lands of historical and cultural designation include lands: 1) objects cultural heritage peoples of the Russian Federation (monuments of history and culture), including objects of archaeological heritage; 2) places of interest, including places of existence of historical trades, industries and crafts; 3) military and civil burials.

According to Article 100 of the RF LC, lands of particular value include lands within which there are natural objects and objects of cultural heritage of particular scientific, historical and cultural value (typical or rare landscapes, cultural landscapes, communities of plant, animal organisms, rare geological formations, land plots intended for the implementation of the activities of research organizations).

In accordance with subparagraph 3 of clause 1 of the commented article (as amended by the Federal Law of December 18, 2006 N 232-FZ), the transfer of agricultural land or land plots within such land from agricultural land to another category is allowed in the event of establishing or changes in the features of settlements.

According to Article 84 of the RF Labor Code, the establishment or change of the boundaries of settlements are: 1) approval or change of the master plan of an urban district, a settlement that reflects the boundaries of settlements located within the boundaries of the corresponding municipality; 2) approval or change of the territorial planning scheme of the municipal district, reflecting the boundaries of rural settlements located outside the boundaries of settlements (in inter-settlement territories).

In accordance with Article 83 of the Labor Code of the Russian Federation, the lands of settlements are lands used and intended for the building and development of settlements. The boundaries of urban and rural settlements separate the lands of settlements from lands of other categories. The boundaries of urban, rural settlements cannot cross the boundaries of municipalities or go beyond their boundaries, as well as cross the boundaries of land plots provided to citizens or legal entities.

Lands of settlements may include land plots classified in accordance with town planning regulations to the following territorial zones: 1) residential; 2) social and business; 3) production; 4) engineering and transport infrastructures; 5) recreational; 6) agricultural use; 7) special purpose; 8) military facilities and other territorial zones.

In accordance with subparagraph 4 of clause 1 of the commented article (as amended by the Federal Law of July 21, 2005 N 111-FZ), the transfer of agricultural land or land plots within such land from agricultural land to another category is allowed in the event of industrial objects on lands, the cadastral value of which does not exceed the average level of cadastral value in the municipal district (urban district), as well as on other lands and with other non-agricultural needs in the absence of other options for the location of these objects.

In accordance with clause 2 of article 66 of the RF Labor Code, to establish the cadastral value of land plots, a state cadastral valuation of land is carried out, except for cases when the cadastral value of a land plot is established as a percentage of its market value.

According to the Federal Law of July 29, 1998 No. N 135-FZ "On appraisal activities in the Russian Federation" (as amended on February 5, 2007), the market value of the appraisal object (in this case, a land plot) means the most probable price at which this appraisal object can be alienated on the open market in a competitive environment, when the parties to the transaction act reasonably, having all the necessary information, and the value of the transaction price does not reflect any extraordinary circumstances, i.e. when: one of the parties to the transaction is not obliged to alienate the subject of valuation, and the other party is not obliged to accept performance; the parties to the transaction are well aware of the subject of the transaction and act in their own interests; the subject matter is presented on the open market by public offer typical for similar objects of assessment; the price of the transaction is a reasonable remuneration for the object of assessment and there was no coercion to complete the transaction in relation to the parties to the transaction from any party; the payment for the subject matter is expressed in monetary terms.

The procedure for conducting state cadastral valuation land is established by the Government of the Russian Federation. The rules for the state cadastral valuation of land, approved by the Decree of the Government of the Russian Federation of April 8, 2000. N 316 (as amended on December 14, 2006), determine the procedure for the state cadastral valuation of land of all categories on the territory of the Russian Federation for taxation purposes and other purposes established by law.

In the process of the state cadastral valuation of lands, an estimated zoning of the territory is carried out. An appraisal zone is a part of land that is homogeneous in terms of its intended purpose, type of functional use, and similar in value to the cadastral value of land plots. Depending on the territorial size of the estimated zones, their boundaries are combined with the boundaries of land plots, taking into account the existing development and land use, the placement of linear objects (streets, roads, rivers, watercourses, overpasses, railways and others), as well as the boundaries of cadastral districts or cadastral quarters.

Based on the results of the estimated zoning, a map (diagram) of the estimated zones is drawn up and the cadastral value of a unit of area within the boundaries of these zones is established.

The state cadastral valuation of lands is carried out taking into account the data of land, town planning, forestry, water and other cadastres. The results of the state cadastral valuation of land are entered into the state land cadastre.

The transfer of agricultural land or land plots within such land from agricultural land to another category is not allowed if industrial facilities are located on the lands specified in paragraph 2 of the commented article, namely:

1) on agricultural land or land plots as part of such land, the cadastral value of which is fifty or more percent higher than the average level of the cadastral value in the municipal district (urban district);

2) on lands of especially valuable productive agricultural land, including agricultural land of experimental production units of research organizations and educational and experimental units educational institutions higher vocational education, agricultural land, the cadastral value of which significantly exceeds the average level of the cadastral value for the municipal district (urban district).

In accordance with subparagraph 5 of clause 1 of the commented article, the transfer of agricultural land or land plots within such land from agricultural land to another category is allowed in the event that lands unsuitable for agricultural production are included in the forest fund lands, water fund lands or lands stock.

At the same time, the lands, the purpose of which is their use in agricultural production, include the lands on which of various kinds activities related to the needs of agriculture. You need to know what types of activities relate to agriculture as an industry. Agricultural activities are defined in All-Russian classifier species economic activity(OKVED), which is part of Unified system classification and coding of technical, economic and social information(ESKK) of the Russian Federation, was approved by Decree State Committee RF for standardization and metrology dated November 6, 2001. 454-st and entered into force on January 1, 2003.

OKVED is intended for the classification and coding of economic activities and information about them. The objects of classification in OKVED are types of economic activities. Economic activity takes place when resources (equipment, labor, technology, raw materials, materials, energy, informational resources) are combined into a production process with the goal of producing products (rendering services). Economic activity is characterized by the costs of production, the production process and the output of products (provision of services).

OKVED includes a list of classification groupings of economic activities and their descriptions. Agriculture includes the following main sub-sectors: crop production, livestock production and the provision of services (services) in the field of crop and livestock production, except for veterinary services. Crop production includes the cultivation of grain, industrial and other agricultural crops not included in other groups; vegetable growing; ornamental gardening and production of nursery products; cultivation of fruits, nuts, crops for the production of drinks and spices.

The livestock sector includes: cattle breeding; breeding sheep, goats, horses, donkeys, mules and hinnies; pig breeding; breeding of poultry; breeding of other animals.

Serving the above-mentioned areas of agriculture is the provision of services: in the field of crop production; related to the production of agricultural crops; on the establishment, processing and maintenance of gardens, parks and other green spaces; on the operation of reclamation systems; in the field of animal husbandry, except for veterinary services.

In accordance with Article 101 of the Labor Code of the Russian Federation, forest lands include forest lands (lands covered with forest vegetation and not covered by it, but intended for its restoration, - felling, burning, open spaces, glades, etc.) and intended for forestry non-forest lands (glades, roads, swamps, etc.).

In accordance with Article 102 of the RF Labor Code, the lands of the water fund include lands: 1) covered with surface waters concentrated in water bodies; 2) occupied by hydraulic engineering and other structures located on water bodies.

In accordance with Article 103 of the Labor Code of the Russian Federation, reserve lands include lands located in the state or municipal property and not provided to citizens or legal entities, with the exception of lands of the land redistribution fund. The land redistribution fund, in accordance with clause 2 of article 80 of the Labor Code of the Russian Federation, is formed at the expense of land plots from agricultural land entering this fund: 1) in case of voluntary refusal of the land plot; 2) if there are no heirs either by law or by will, or none of the heirs has accepted the inheritance, or all heirs are deprived of the inheritance by the testator, or the heir has abandoned the inheritance in favor of the state or renounced the inheritance without indicating in favor of whom he is giving up inheritance; 3) upon compulsory seizure of a land plot in cases provided for by legislation.

In accordance with subparagraph 6 of clause 1 of article 7 of the commented Law (as amended by Federal Law of July 21, 2005 N 111-FZ), the transfer of agricultural land or land plots within such land from agricultural land to another category is allowed in exceptional cases related to the construction of roads, power lines, communication lines (including line cable structures), oil pipelines, gas pipelines and other pipelines, railway lines and other similar structures (hereinafter referred to as linear objects) if there is an approved in established order a project for the reclamation of a part of agricultural land provided for the period of construction of linear facilities (for a land reclamation project, see the commentary to paragraph 2 of article 9 of this Law).

In the initial version of subparagraph 6 of clause 1 of article 7 of the commented Law, it was allowed to transfer agricultural land or land plots within such land from agricultural land to another category in the case of the construction of linear facilities, if their cadastral value was 30 percent or more less the cadastral value of the average district level and provided that line features were to be located along roads and crop rotation field boundaries.

In accordance with subparagraph 7 of clause 1 of the commented article (as amended by the Federal Law of July 21, 2005 N 111-FZ), the transfer of agricultural land or land plots within such land from agricultural land to another category is allowed if international obligations of the Russian Federation, ensuring the country's defense and state security in the absence of other options for the location of the relevant facilities.

This subparagraph establishes the circumstances, in the event of which the transfer of agricultural land or land plots within such land from agricultural land to another category can be carried out.

One of such circumstances is the international obligations of the Russian Federation, which are formed from international treaties. According to the Federal Law of July 15, 1995 No. N 101-FZ "On international treaties of the Russian Federation" " international treaty Of the Russian Federation "means international agreement concluded by the Russian Federation with foreign country(or states) or with an international organization in writing and governed by international law, regardless of whether such an agreement is contained in one document or in several related documents, as well as regardless of its specific name.

Also, the circumstances, in the event of which it is allowed to transfer agricultural land or land plots within such land from agricultural land to another category, include ensuring the country's defense and state security. According to the Federal Law of May 31, 1996. 61-ФЗ (as amended on December 4, 2006) "On Defense", defense means a system of political, economic, military, social, legal and other measures to prepare for armed defense and armed defense of the Russian Federation, the integrity and inviolability of its territory ...

According to the Law of the Russian Federation of March 5, 1992. 2446-1 (as amended on July 25, 2006) "On security" security is understood as the state of protection of the vital interests of the individual, society and the state from internal and external threats. Vital interests are understood as a set of needs, the satisfaction of which reliably ensures the existence and opportunities for the progressive development of the individual, society and the state.

Federal Law of July 21, 2005 111-ФЗ "On amendments to Land Code Of the Russian Federation, the Forest Code of the Russian Federation, the Federal Law "On the Transfer of Lands or Land Plots from One Category to Another" and the Federal Law "On the Enactment of the Urban Planning Code of the Russian Federation" supplemented clause 1 of article 7 of the commented Law sub.8, from which it follows that the transfer of agricultural land or land plots within such land from agricultural land to another category is allowed in connection with the extraction of minerals in the presence of an approved land reclamation project (for the land reclamation project, see the commentary to paragraph 2 of article 9 of the commented Law).

At the same time, minerals are recognized as products of the mining industry and quarry development, contained in actually mined (extracted) from the bowels (waste, losses) mineral raw materials (rock, liquid and other mixture), corresponding in quality state standard Of the Russian Federation, industry standard, regional standard, international standard, and in the absence of specified standards for a particular extracted mineral, the organization (enterprise) standard.

Mineral resources are also recognized as products resulting from the development of a deposit, obtained from mineral raw materials using processing technologies, which are special types of mining operations (in particular, underground gasification and leaching, dredging and hydraulic development of alluvial deposits, well hydro production), as well as processing technologies, classified in accordance with the license for the use of subsoil to special types of mining operations (in particular, the extraction of minerals from overburden rocks or tailings, collection of oil from oil spills using special installations) (see Article 337, part two of the Tax Code of the Russian Federation (as amended . and add.)).

Federal Law of July 21, 2005 111-FZ "On Amendments to the Land Code of the Russian Federation, the Forest Code of the Russian Federation, the Federal Law" On the Transfer of Land or Land Plots from One Category to Another "and the Federal Law" On the Enactment of the Urban Planning Code of the Russian Federation " 1 of article 7 of the commented Law, clause 9, from which it follows that the transfer of agricultural land or land plots within such land from agricultural land to another category is allowed in connection with the placement of social, communal and household facilities, healthcare facilities, education in the absence of other options for the placement of these objects.

The original version of sub-clause 7, clause 1, article 7 of the commented Law contained the following legal rule: the transfer of agricultural land or land plots within such lands from agricultural land to another category was allowed in the event of the fulfillment of international obligations of the Russian Federation, ensuring the country's defense and state security, mining (with the exception of widespread minerals), maintaining cultural heritage objects (historical and cultural monuments) of the peoples of the Russian Federation, construction of cultural, social, educational facilities, roads and other linear facilities in the absence of other options for the location of these facilities.

Thus, it can be concluded that the legislator in new edition The Law decided to differentiate subparagraph 7 of clause 1 of article 7 of the commented Law, and not only to exclude some cases in which earlier the transfer of agricultural land or land plots within such land from agricultural land to another category was allowed, for example, the maintenance of cultural heritage sites (historical and cultural monuments) of the peoples of the Russian Federation.

In accordance with the Federal Law of June 25, 2002 No. N 73-FZ (as amended on December 29, 2006) "On cultural heritage objects (historical and cultural monuments) of the peoples of the Russian Federation" works of painting, sculpture, arts and crafts, objects of science and technology and other items of material culture, arising from historical events, which are valuable in terms of history, archeology, architecture, urban planning, art, science and technology, aesthetics, ethnology or anthropology, social culture and being evidence of eras and civilizations, true sources of information about the origin and development of culture.

Cultural heritage objects are divided into the following types:

monuments - individual buildings, buildings and structures with historically formed territories (including religious monuments: churches, bell towers, chapels, churches, churches, mosques, Buddhist temples, pagodas, synagogues, prayer houses and other objects specially designed for worship) ; memorial apartments; mausoleums, individual burials; works of monumental art; objects of science and technology, including military; partially or completely hidden in the ground or under water traces of human existence, including all movable objects related to them, the main or one of the main sources of information about which are archaeological excavations or finds;

ensembles - groups of isolated or combined monuments, buildings and structures of fortification, palace, residential, public, administrative, commercial, industrial, scientific, educational purposes, as well as monuments and structures of religious significance (temple complexes, datsans, monasteries , courtyards), including fragments of historical plans and buildings of settlements, which can be attributed to urban planning ensembles; works of landscape architecture and gardening art (gardens, parks, squares, boulevards), necropolises;

places of interest - man-made creations or joint creations of man and nature, including places where folk arts and crafts exist; centers of historical settlements or fragments of urban planning and development; memorable places, cultural and natural landscapes associated with the history of the formation of peoples and other ethnic communities on the territory of the Russian Federation, historical (including military) events, the life of prominent historical figures; cultural layers, remnants of buildings of ancient cities, fortified settlements, settlements, parking lots; places of worship.

Clause 2 of the commented article (as amended by the Federal Law of July 21, 2005 N 111-FZ) established a ban on the transfer of agricultural land or land plots within such land from agricultural land to land of other categories, the cadastral value of which is fifty or more percent exceeds the average level of cadastral value for the municipal district (urban district).

It is also not allowed to transfer especially valuable productive agricultural land, including agricultural land of experimental production subdivisions of research organizations and educational and experimental subdivisions of educational institutions of higher professional education, agricultural land, the cadastral value of which significantly exceeds the average level of cadastral value in the municipal district ( urban district) (see clause 4 of article 79 of the RF Labor Code).

However, the legislator, in paragraph 2 of the commented article, established a number of cases allowing such a translation:

1) the establishment or change of the features of settlements;

2) construction of roads, power transmission lines, communication lines (including linear cable structures), oil pipelines, gas pipelines and other pipelines, railway lines and other similar structures (hereinafter referred to as linear facilities) in the presence of a project for the reclamation of a part of agricultural land approved in the prescribed manner provided for the period of construction of linear facilities;

3) fulfillment of the international obligations of the Russian Federation, ensuring the country's defense and state security in the absence of other options for the location of the relevant facilities;

4) extraction of minerals in the presence of an approved land reclamation project (see subparagraphs 3, 6, 7 and 8 of clause 1 of article 7 of the commented Law).

In the initial version of the commented Law, the transfer of agricultural land or land plots within such land from agricultural land to another category was not allowed if the cadastral value of agricultural land or land plots included in such land was 30 percent or more higher than the cadastral value of the average district level. This version of the Law softened the prohibition on the transfer of agricultural land or land plots within such land to another category by establishing the possibility of transferring such land or land plots if the cadastral value is 50 percent or more higher than the average level of the cadastral value of agricultural land or land plots as part of such land in the municipal district (urban district).

It was also forbidden in the original version of the commented Law to transfer lands of especially valuable productive agricultural land, including agricultural land of experimental production units of research organizations and educational and experimental units of educational institutions of higher professional education, as well as agricultural land, the cadastral value of which significantly exceeds the average regional level with no exceptions to this.

Article 87. Composition of lands for industry, energy, transport, communications, radio broadcasting, television, informatics, lands for the provision of space activities, lands for defense, security and other special purposes 1. Lands for industry, energy,

Inappropriate use land, transfer of agricultural land to another category of land According to the previously effective clause 2 of article 79 of the RF Labor Code, agricultural land could be provided for the construction of industrial facilities and other non-agricultural needs