Art 46 of the Land Code of the Russian Federation. Land Code of the Russian Federation. Earth industry, transport, communications, broadcasting, television, computer science and space support, defense and other purposes

New edition Art. 46 ZK RF

1. Rental land plot Terminated on the grounds and in the manner provided by civil law.

2.2. Along with those specified in paragraphs 1 and 2 of this article, the foundations of renting a land plot provided on the basis of an agreement on complex Development Territory at the initiative of the local government, or land plots formed from such a land plot, may be discontinued at the request of the landlord in case of termination of such an agreement on the integrated development of the territory in connection with the failure to fulfill the person who has concluded the indicated agreement with the local government authority provided for by such an agreement of the obligations .

3. Termination of the lease of a land plot based on the reasons specified in the second paragraph of sub-clause 1 of paragraph 2 of Article 45 of this Code, is not allowed:

1) during field agricultural work;

2) In other cases established by federal laws.

4. Rent a land plot located in state or municipal property, on the basis indicated in the seventh paragraph of subparagraph 1 of paragraph 2 of Article 45 of this Code, is terminated by one-sided refusal of the landlord from the lease agreement of such a land plot or executing a lease agreement of such a land plot subject to non-fulfillment The tenant of the respective duties stipulated by Part 11 of Article 55.32 of the Urban Planning Code of the Russian Federation, within the deadlines established by the decision on the demolition of the unauthorized construction or by the decision on the demolition of the unauthorized construction or its concern to the established requirements adopted in accordance with civil law, or non-fulfillment by the tenant of obligations, The lease of such a land plot provided for by the lease agreement in accordance with paragraph 7.1 of Article 39.8 or subparagraphs 12-14 of paragraph 21 of Article 39.11 of this Code, on time set by the Treaty of Lease of such a land plot but. Notice of unilateral refusal to the lease agreement of such a land plot or execution of a lease agreement of such a land plot is sent to the executive body of state authorities or by the local government authority provided for in Article 39.2 of this Code, within one month from the date of receipt from the local government of the settlement, the city district at the place of place Looking for a unauthorized construction or in case the unauthorized construction is located at the interface, the authority of the municipal district of the notification of the non-fulfillment of the specified duties on the period established by the decision on the demolition of the unauthorized construction or the decision on the demolition of the unauthorized construction or its alignment with the established requirements, or notifications On the non-fulfillment by the tenant of such obligations after the expiration of the term established to fulfill such obligations to the contract for the lease of such a land plot, except in cases indicated in paragraphs 5 and 7 Thoring article.

5. In the event that on the land plot, along with a unauthorized construction, other buildings, structures, objects of unfinished construction, the executive body or local government, provided for in Article 39.2 of this Code, are within a period not exceeding four months from the date of receipt by paragraph 4 of this article notice of non-fulfillment of duties or obligations, ensures the section of the original land plot in order to form a land plot, on which only unauthorized construction is located, provided that such a section is possible to implement without violating the requirements for the formed or modified land plots, and termination of the right Rental on such a land plot. At the same time, these bodies have the right to demand reimbursement of expenditures on the fulfillment of cadastral works from the tenant of the original land plot, and the tenant of the original land plot has no right to acquire the specified land plot for rent without trading.

6. In case of termination of the lease of a land plot in accordance with paragraphs 4 and 5 of this article, including in the case of the section of the land plot, on which, along with a unauthorized construction, other buildings, structures, objects of unfinished construction, reimbursement of losses associated with termination are located The lease agreement of the land plot is not produced.

7. The termination of the lease of a land plot located in state or municipal property is not allowed by the one-sided refusal of the landlord from the lease agreement of such a land plot or executing a lease agreement of such a land plot in accordance with paragraph 4 of this article if on the land plot along with unauthorized The construction is located other buildings, facilities, facilities of unfinished construction and education from such a land plot of land, on which only unauthorized construction will be located, it is impossible to implement without violating the requirements for the formed or modified land plots.

Comments on Article 46 ZK RF

The item is the first comment on the subject of the grounds and the procedure for the cessation of the land lease refers to civil law. So the lease agreement terminates:

due to the expiration of the lease agreement (within sense of paragraph 1 of Art. 610 of the Civil Code);

in connection with the refusal to the contract, if it is concluded for an indefinite period (paragraph 2 of Art. 619 of the Civil Code);

in connection with the expiration of the deadline established by law (paragraph 3 of Art. 619 of the Civil Code);

ahead of schedule at the request of the Lessor (Art. 619 GK);

early under the requirements of the tenant (Art. 620 GK).

The clause of the second commentated article refers to additional reasons for the cessation of the lease of a land plot, which, although in the GC, are not given, but are directly listed in paragraph 2 of Art. 45 ZK.

Another comment to Art. 46 Land Code of the Russian Federation

The commented article, reflecting the specifics of regulating rental relations in the field of land use, establishes the basis for the termination of the land lease agreement. Such grounds may be cases provided for in both civil and land legislation.

Since the lease agreement of any property (land plot) provides for its transfer to temporary use, Art. 610 of the Civil Code of the Russian Federation fixes general rule The lease term is determined by agreement of the parties in the contract.

Paragraph 2 610 of the Civil Code of the Russian Federation admits the conclusion of the contract without specifying its term. In this case, it is considered concluded indefinitely. When concluding a contract for an indefinite period, each of the parties have the right to refuse the contract, warning about the other party in one month, and during the lease of real estate - for three months. The law or contract can be established for a different period for preventing the termination of the lease agreement concluded indefinitely.

In accordance with paragraph 3 of Art. 610 of the Civil Code of the Russian Federation is allowed to establish in the law of maximum (limit) deadlines for certain types of leases and for lease of certain types of property. In these cases, if the lease term in the contract is not determined and none of the parties abandoned the Treaty before the expiration of the deadline established by law, the agreement on the expiration of the limit term is terminated.

One of the most important principles for regulating rental relations is the rule of Art. 617 of the Civil Code of the Russian Federation on the preservation of the lease agreement in force when changing the parties. Thus, the transition of ownership (economic management, operational management, lifelong inherited ownership) on the leased property to another person is not a reason for changing or terminating the lease agreement.

Paragraph 2 617 of the Civil Code of the Russian Federation contains a norm guaranteeing the rights of citizens-heirs. In the event of the death of a citizen - a tenant of real estate (land plot) of his rights and obligations under the lease agreement, go to the heir if the law or contract is not provided otherwise.

However, it should be noted that the rights and obligations under this Agreement cannot move to the face, which is in the prescribed manner deprived of the right to receive inheritance. If there are a few heirs, the question of the transition of the tenant's rights can be resolved by them by mutual agreement, and if it is unresponsible - in court. The landlord is not entitled to refuse the heir to enter into an agreement for the remainder of its action, except when the conclusion of the contract was due to the personal qualities of the tenant.

The lease agreement of the land plot may be terminated by the court at the request of the lessor in cases where the tenant: uses a land plot with a significant violation of the contract conditions or with repeated disorders; significantly worsens the land plot; More than two times in a row after the expiration of the payment period established by the Treaty does not contribute rental (Art. 619 of the Civil Code of the Russian Federation).

According to Art. 620 of the Russian Federation At the request of the tenant, the land lease agreement may continue to terminate the court in cases when: the landlord does not provide land for the use of the lessee or creates obstacles to the use of a plot in accordance with the terms of the contract or the target purpose of the land plot; Land transferred to the tenant has disadvantages that have not been stipulated by the landlord when concluding the contract, were not known to the tenant and should not be detected by the tenant during the inspection of the site at the conclusion of the contract; Land due to circumstances, for which the tenant does not respond, will be in a state that is not suitable for use. The lease agreement can also be established other grounds for early termination of the contract, both at the request of the landlord and the requirement of the tenant.

Clause 2 of the commented article provides for additional basis for termination of the land lease agreement at the request of the landlord. These include, for example, cases of the use of land not on the intended purpose and use of the land plot in such a way that this leads to a significant decrease in the fertility of agricultural land or to a significant deterioration in the environmental situation, etc.

The following features of the termination of the lease agreement include the rule, according to which the termination of the lease agreement is not allowed during field agricultural work, as well as in other cases provided for by federal laws, if the use of the land plot leads to a significant decrease in the fertility of agricultural land or to a significant deterioration in the environmental situation, those. In the presence of the base provided for by sub. 2 p. 2 commented articles.

According to paragraph 9 of Art. 22 ZK RF Early termination of a land lease agreement concluded for more than five years, at the request of the lessor, it is possible only on the basis of a court decision with a significant violation of the lease agreement of the land plot of its tenant.

In this regard, in paragraph 23 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation of March 24, 2005, N 11 "On some issues related to the application of land legislation" it is indicated that when applying by arbitration courts of paragraph 9 of Art. 22 of the RF RC, which admits an early termination of the land lease agreement concluded for more than five years, at the request of the Lessor only on the basis of a court decision with a significant violation of the terms of the contract by the Tenant, it is necessary to be guided by the following.

The circumstances specified in Art. 619 of the Civil Code of the Russian Federation, can serve as a basis for the early termination of the land lease agreement only when they can be qualified as significant violations of the land lease agreement. Can not serve as a basis for meeting the requirements of the landlord about the early termination of the land lease agreement the fact of a significant violation of the contract, if such a violation (its consequences) is eliminated by the Tenant within a reasonable time.

In accordance with Art. 6 of the Federal Law "On the turnover of land agricultural land" Forced cessation of land lease from agricultural land is carried out in accordance with the requirements of ZK and GK.

According to Art. 9 of the LA of the Russian Federation The right to lease of forest sites is terminated on the grounds and in the manner provided for by civil law, the legislation of the Russian Federation on concession agreements and land law, unless otherwise provided by the Forest Code of the Russian Federation.

The special basis for the termination of the lease agreement of the land plot and the forest site is provided in Art. 11 of the Federal Law "On Concession Agreements". The land plot on which the object of the concession agreement is located and (or), which is necessary for the implementation of the concessionaire; Forestry (construction of hydraulic structures and specialized ports, power lines, communication lines, roads, pipelines and other linear objects, physical culture and wellness, sports and sporting and technical structures), water object (construction of berths, shipping and ship repairing structures, stationary and ( or) floating platforms and artificial islands, hydraulic structures, bridges, underwater and underground transitions, pipelines, underwater lines of communication, other linear objects, underwater communications, dredging, explosive, drilling and other works associated with the change in the bottom and shores of water bodies) , the subsoil area (construction and operation of underground structures that are not related to mineral mining) necessary to create and (or) the reconstruction of the object of the concession agreement and (or) to carry out activities provided for by the concession agreement, are provided by the concessionaire for rent (sublease) or On other legitimate basis, in accordance with land, forest, water law, the legislation of the Russian Federation on subsoils for a period that is established by the concession agreement and cannot exceed the term of the concession agreement.

The termination of the concession agreement is the basis for termination of the rights provided by the concessionaire in relation to the land plot, the forest area, the water site, the subsoil site.

Similar to its essence, the foundation of the termination of the land lease is enshrined in the Federal Law "On Special Economic Zones in the Russian Federation". So, paragraph 5 of Art. 21 of the current law provides that in case of termination of the agreement on the conduct of industrial and production activities, the lease agreement of state and (or) municipal property and the lease agreement of the land plot concluded under the conditions provided for by the agreement on the conduct of industrial and production activities are terminated. According to paragraph 5 of Art. 31 of the above law in the event of termination of the Agreement on the conduct of technical and innovation activities, the effect of the lease of state and (or) municipal property and the lease agreement of the land plot concluded under the conditions provided for by the agreement on the conduct of technical and innovation activities is stopped. In case of termination of the agreement on the implementation of tourist ski-recreational activities, the lease agreement of state or municipal real estate and the lease agreement of the land plot concluded under the conditions provided for by the agreement on the implementation of tourist and recreational activities are terminated (paragraph 5 of Article 31.10 of the Law). In accordance with Art. 31.20 The person called the person lost the status of a resident of the port special economic zone, including in connection with the early termination of the Agreement on the implementation of activities in the port special economic zone, is not entitled to carry out entrepreneurial activities in a special economic zone on general reasons. At the same time, the lease agreement of the land is subject to termination. In case of termination of the agreement on the implementation of activities in the port special economic zone, the contract for the lease of state and (or) municipal property and the land lease agreement is terminated under the conditions provided for in such agreement.

Features of termination of the land lease agreement are indicated in Art. 15 of the Federal Law "On Promoting Housing Development". So, in case the date of the transfer of state authorities of the subjects of the Russian Federation, the implementation of the powers of the Russian Federation for the management and disposal of land plots or to the date of transfer of such land plots to the property of the Federal Fund for the Development of Housing Development Located in the Federal Property Property Under the lease agreement or the contract of gratuitous urgent use of the organization, such an agreement is subject to early termination or termination by the court decision, regardless of the grounds provided for by the GC, when applying to the court of state authority of the subject of the Russian Federation or the Fund.

Land Code of the Russian Federation

(Vedomosti Congress of People's Deputies of the RSFSR
and the Supreme Council of the RSFSR, 1991, No. 22, Art. 768)
(With amendments of December 24, 1993, as of April 1, 1994)

Establish that the powers of the Councils of People's Deputies, provided for in Articles 14 ,,, --,,, of the RSFSR, are carried out by the relevant local administrations on the basis of the Decree of the President of the Russian Federation of December 24, 1993 No. 2287

Section I.

Chapter 1. Basic provisions

Article 1. Objectives of land legislation of the RSFSR

The objectives of the land legislation of the Russian Soviet Federal Socialist Republic are the regulation of land relations in order to ensure the rational use and protection of land, the creation of conditions for the equal development of various forms of management on Earth, reproduction of soil fertility, preserving and improving the natural environment and the protection of land rights, enterprises, enterprises, institutions and organizations.

Articles 2 - 22 are recognized as invalid - Decree of the President of the Russian Federation of December 24, 1993 No. 2287.

Chapter 4. Withdrawal, provision and transfer of land in ownership and rental

The seizure of agricultural land with the cadastral assessment above the medseroneal level in order to provide them for non-agricultural needs is allowed only in exceptional cases related to the implementation of international obligations, the development of deposits of valuable minerals, the construction of objects of culture and history, health, education, roads, main pipelines, lines Communication, power transmission and other linear structures in the absence of other options for the possible placement of these objects. The legislation of the republics belonging to the RSFSR may provide for other cases of exemption of valuable agricultural land.

The withdrawal of particularly valuable for this region of productive land, including experimental fields (sections) of research institutions and educational institutions, as well as land of the natural-protected fund, historical and cultural purposes and other specially protected areas is not allowed. The list of areas of such land is established by the regional, regional, autonomous regions, autonomous districts by the Councils of People's Deputies, and in the republics that are part of the RSFSR, the legislation of these republics.

Article 25. Seating of land of suburban and green zones, lands engaged in forests of the first group

The removal of land of suburban and green zones engaged in the forests of the first group, for state and public needs is allowed only in exceptional cases specified in the article of this Code.

Article 26. Land Provision for Needs agriculture

Earth suitable for the needs of agriculture is provided primarily for agricultural purposes.

The suitability of land for the needs of agriculture is established according to the land inventory.

Article 27. Providing land for non-agricultural needs

For the construction of industrial enterprises and other non-agricultural needs, in agreement with the owner of land, landowner, land user land plots of non-agricultural purposes or not suitable for agriculture or agricultural land of worst quality in cadastral assessment. The provision for these purposes of land plots from the land of the forest fund is made at the expense of unparalleled areas or areas engaged in low-value plantings.

For the construction of power lines, communications, roads, main pipelines and other linear structures allowed the provision of higher quality lands. These objects are placed mainly along the roads, existing trails and borders of the fields of crop rotations.

The provision of land plots on the squares of minerals is made in coordination with the state mining supervisory authorities.

Chapter 5. The procedure for the withdrawal and provision of land

Enterprises, institutions, organizations interested in the construction of the facility are referred to the local Council of People's Deputies, which has in accordance with the article of this Code of the right of seizing and providing land plots, with a petition for the preliminary coordination of the place of its placement, justifying the exemplary dimensions of land, as well as timelines Using the Earth.

The Council of People's Deputies or on his instructions The Land Reform Committee and Land Resources provides a choice of land in nature (on the ground). When choosing a plot, rural (village) councils of people's deputies, owners of land, landowners, land users, tenants, representatives of relevant public services, enterprises, institutions and organizations interested in land decomposition are assumed. At the same time, the environmental and other consequences of the alleged land classes are taken into account, the prospects for the use of this territory and its subsoil. The results of the work are issued as an act of selection of a land plot for placing an object, and in necessary cases and his sanitary (security) zone. Cartographic materials are attached to the act, the calculations of damages of land owners, landowners, land users, tenants and losses of agricultural production related to the withdrawal of the land plot, the materials of other coordination and expertise conducted taking into account the integrated development of the territory provided for by the legislation of the RSFSR.

Consideration of applications for the preliminary coordination of the placement of new and expanding industrial enterprises intended to ensure the allied and republican needs or having interregional importance, in the presence of the consent of the Supreme Council of the RSFSR, the Supreme Councils of the republics that are part of the RSFSR, for the construction or expansion of these enterprises, And intended to provide regional, regional, district (autonomous districts) needs and not related to the production and processing of agricultural products, the consent of the regional, regional, autonomous regions, autonomous districts of the Councils of People's Deputies.

Local councils of people's deputies inform the population about the possible (upcoming) land provision for placing objects whose activities affect its interests, and find out the opinion of citizens through local referendums, meetings, citizens' gatherings, other forms of direct democracy.

Citizens, public organizations, associations and territorial public authorities have the right to participate in the consideration of issues related to the withdrawal and provision of land plots affecting the interests of the population.

When providing land plots in places of residence and economic activities of small peoples and ethnic groups for purposes not related to their economic activities, the local Council of People's Deputies decides on the referendum on providing land plots for objects affecting the interests of these peoples. According to the results of the referendum, the Council of People's Deputies takes an appropriate decision.

Preliminary coordination of the placement of the object or its expansion is carried out on time:

for objects with interregional significance and requiring coordination with the Supreme Council of the RSFSR - up to six months;

for facilities that are not related to the production and processing of agricultural products and requiring coordination with the Supreme Sovieties of the republics that are part of the RSFSR, regional, regional, autonomous regions and autonomous districts by the Councils of People's Deputies - up to three months;

for local objects - up to one month.

Materials of pre-coordination of the placement of the facility are approved by the decision of the relevant Council of People's Deputies, which is the basis for conducting design and survey work and the subsequent decision on withdrawal and the provision of land.

A copy of the decision of the local Council of People's Deputies on the preliminary agreement of the placement of the facility is issued by the enterprise, an institution, an organization interested in this coordination, within seven-day deadlines from the moment of its adoption.

In the case of the disagreement of the owner of the land, landowner, land user, the tenant with the specified decision, he can appeal it in a ten-day term into the higher Council of People's Deputies, and then to the court, the decision of which is final.

Financing of design and survey work to adoption by the Council of People's Deputies Decisions on the preliminary agreement of the placement of the object or decision of the Court (in the occurrence of the dispute) is not allowed. Another procedure for pre-harmonizing the place of placement of the facility in the republics within the RSFSR may be established in accordance with the legislation of these republics.

Preliminary coordination of the placement of the facility is not made in cases of land for agricultural production, forestry, construction of objects in cities, villages and rural settlements In accordance with their master plans and projects of planning and development, as well as during the provision of land for citizens.

After approving the project and the inclusion of an object in the construction plan, an institution, an institution, the Organization addresses the Council of People's Deputies, which has in accordance with the article of this Code of the right of seizure and providing land plots, with a petition for the withdrawal of a pre-agreed land plot and providing it for the construction of an object. When clarifying the location of the object or an increase in the area of \u200b\u200bthe site, the establishment, an institution, the organization conducts additional coordination with the owner of the land, landowner, land user, tenant.

On behalf of the local councils of people's deputies, the preparation of materials for the withdrawal and the provision of land plots is carried out by district (urban) committees for land reform and land resources. The Council of People's Deputies considers these materials and decides on the withdrawal (redemption) of the land plot and the conditions for its provision.

A copy of the decision (or an extract from it) on the provision of land is issued to an interested enterprise, an institution, an organization within seven-day deadlines since its adoption.

The decision to refuse to provide a land plot may be appealed to the Customer within a ten-day term in court. In the same order, the decision of the local Council of People's Deputies for withdrawal (redemption) of the land plot can be appealed. The plaintiff in this case acts as the owner of the land plot, land-owner, land user, tenant, not consistent with the decision on withdrawal (redemption) of the land plot. Appealing the decision of the Council of People's Deputies suspends its execution.

Articles 30-32 are recognized as invalid - Decree of the President of the Russian Federation of December 24, 1993 No. 2287.

The decision of the local Council of People's Deputies to refuse to provide land plots to citizens may be appealed in court.

When considering the case, the court has the right to make a decision confirming the correctness of the refusal to provide the land plot, or on the unlawfulness of the decision taken to refuse. The court's decision in this case is the basis for issuing the right to this area and is subject to execution in established by law order.

Article 34. The procedure for the allocation by enterprises, institutions and organizations of land plots for gardening, selection and grazing of cattle to their employees

Employees of enterprises, institutions and organizations interested in obtaining land plots for gardening, seference and grazing of livestock are submitted to the appropriate statement of the administration of the enterprise, institutions, organizations that have agricultural facilities.

The petitions of enterprises, institutions, educational institutions and the provision of land plots for non-agricultural needs are considered by local councils of people's deputies in a two-month term.

Statements of citizens on the provision of land plots are considered by local councils of people's deputies within a month.

The limit dimensions of land plots provided for the conduct of peasant (farmer) economy, gardening, gardening, animal husbandry and country construction are established by regional, regional, autonomous regions, autonomous districts by the Councils of People's Deputies, and in the republics that are part of the RSFSR - in accordance with the law These republics.

The limit dimensions of land for individual housing construction and personal subsidiary farms are established by rural, towns, city councils of people's deputies.

For housing construction, business activities, as well as for other non-agricultural purposes, the size of land plots are established according to the established rules of land allocations approved in the prescribed manner for these activities or in accordance with the design and technical documentation.

Article 37. Transition of the right to land in the transition of ownership of the structure and construction

In the transition of ownership of the structure, structure or transmitting them to other enterprises, institutions, organizations and citizens, together with these objects, the right to use land plots. At the same time, they are issued a new document certifying the right to land (as amended by the Decree of the President of the Russian Federation of December 24, 1993 No. 2287).

In the case of the transfer of ownership of the structure, the construction of the land to several owners, the indicated rights to the land go, as a rule, in the amount in a proportion to the shares of ownership of the structure, construction.

Parts of the third and fourth are recognized as invalid - Decree of the President of the Russian Federation of December 24, 1993 No. 2287.

Article 38. Preservation of the right to land in the destruction of the structure

With the destruction of the structure from fires or natural disasters, the right to the land plot is preserved by the owner, landowner, land user, provided that the structure began to restore the structure for two years. This period can be extended by the corresponding Council of People's Deputies.

Chapter 6. Termination of Earth Rights

Articles 39 - 40 are recognized as invalid - Decree of the President of the Russian Federation of December 24, 1993 No. 2287.

Article 41. Grounds of termination of the lease agreement from the owner of the Earth

The land lease agreement with the owner can be terminated on the following grounds:

1) by the will of the parties;

2) in the event of the death of the owner and the lack of successor;

3) In the event of the death of the tenant and the absence of a heir who wants to take advantage of the preempture of the lease.

Part of the second is recognized as not in force - Decree of the President of the Russian Federation of December 24, 1993 No. 2287.

Article 42 is recognized as invalid - Decree of the President of the Russian Federation of December 24, 1993 No. 2287.

Article 43. The procedure for termination of the right to use the service station in connection with the termination of labor relations

Termination of the right to use official land in connection with the termination of labor relations is issued by the order of the administration of the enterprise, institution, organization.

Chapter 7. Use of land for survey work

Article 45. The right of enterprises, institutions and organizations for survey work

Enterprises, institutions and organizations carrying out geodetic, geological-filmmaking, search, cadastral, land management and other studies and research conducts these works on all lands, regardless of their intended purpose, on the basis of a decision to conduct survey work and the contract concluded with the owner Earth, landowner, land user or tenant, which is registered in the relevant Council of People's Deputies. Land plots for survey work are not withdrawn.

Decisions on the conduct of these works are issued by local councils of people's deputies in accordance with their competence established by the article of this Code, for a period not over one year. Terms and amount of payments for the use of land plots, responsibilities for damages and bringing land to a state suitable for their use on intended purpose are determined by the decision of the local councils of people's deputies adopted with the consent of the owners of land, landowners, land users, tenants.

Article 46. Responsibilities of enterprises, institutions and organizations conducted by survey work

Enterprises, institutions and organizations carrying out survey work are obliged at their own expense to bring land plots to a state suitable for use on intended purpose and pass them on the act of land owners, landowners, land users, tenants under the control of local land reform committees and land resources.

The attraction of land in a suitable condition is carried out during the work, and if this is not possible, within the period provided for in the contract.

Enterprises, institutions and organizations conducted by survey work, which according to the technology of their implementation require classes of land or part of the temporary construction, placement of equipment, equipment, raw materials warehouses and other structures that limit fully or partially use of these land owners of land, landowners, land users , tenants, pay, respectively, the land tax or rent and fully reimburse the owners of land, landowners, land users, tenants all losses caused to them, including missed benefits.

The size of the land tax or rent is established on the basis of the charges charged for land from the owners of the Earth, landowners, land users and tenants, in proportion to the term and part of the land.

Chapter 8. LAND TAX, RENTAL fee for land, fee for the acquisition of land in ownership

Article 47. Earth fee

Land tenure, indefinite (permanent) and temporary use of land and leases are paid, except in the cases specified in the article of this Code.

Part of the second is recognized as invalid - Decree of the President of the Russian Federation of December 24, 1993 No. 2287.

For land plots owned by land tax.

Article 48 is recognized as invalid - Decree of the President of the Russian Federation of December 24, 1993 No. 2287.

Article 49. Admission of payments to the budget

Payments for the land enter special budget accounts of rural, town, urban, district councils of people's deputies, in which land plots are located.

In the framework of the Russian Federation established by the legislative acts of the Russian Federation and the republics in the Russian Federation, these payments are partially centralized at special budget accounts of the republics as part of the Russian Federation, edges, regions, autonomous field, autonomous districts and in the republican budget of the Russian Federation.

When renting a land plot from the owner of the land, the rent comes to his account (as amended by the Law of the Russian Federation of April 28, 1993 - the statements of the congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, No. 21, Art. 748).

Payments for land are sent exclusively for the purposes related to the financing of land management activities, land inventory and monitoring, protection of land, increasing their fertility, the development of new land, to compensate for their own costs of land user for these purposes, as well as to repay loans issued under the indicated Events, interest for their use, fixed payments to land users, leading agricultural production on low-quality lands, engineering and social arrangement of territories in accordance with Article 24 of the Law of the RSFSR "On Paul for Earth". The rent received by the owner of the Earth is used by him at its discretion (as amended by the Law of the Russian Federation of April 28, 1993 - the statements of the congress of the People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, No. 21, Art. 748).

From the fee behind the land is released:

1) Reserves, national and dendrological parks, botanical gardens;

2) enterprises, citizens involved in traditional fields in places of residence and economic activities of small peoples and ethnic groups, as well as folk art crafts and crafts in the places of their traditional existence;

3) scientific organizations, experienced, experimental and educational and experienced farms of research institutions and educational institutions of the agricultural and forestry profile for land plots directly used for scientific and educational purposes, as well as to test varieties of agricultural and forestry crops;

4) institutions of culture, education, health care, sports complexes, funded by the state budget, or at the expense of trade unions, as well as state bodies for the protection of nature and monuments of history and culture;

5) Enterprises, institutions, organizations and citizens who have received violated or unproductive land for agricultural needs in accordance with the cadastral assessment.

Rural, village, urban, district councils of people's deputies can establish benefits to collecting land tax and rent in the form of full or partial exemption for a certain period, deferred payment, lowering land tax rates for:

disabled and their associations;

participants of the Great Patriotic War;

low-income citizens;

charitable organizations;

forestry enterprises performing work on reforestation, forestry, cultivation, protection and protection of forests at the expense of the state budget.

Land tax and rent for land is not charged from enterprises, institutions, organizations and citizens for land plots in the stage of agricultural development.

The period of development is controlled by local councils of people's deputies.

In the republics of the RSFSR, the benefits for the collection of fees are determined by the legislation of these republics.

Section II.

The rights and obligations of the owners of the Earth, landowners, land users and tenants. Protection and guarantee of their rights

Article 52. The rights of owners of land plots, landowners, land users and tenants

The owners of land are entitled:

1) independently go on earth;

2) to use in the prescribed manner for the needs of the farm existing on the land section of common minerals, peat, forest land, water bodies, fresh groundwater;

3) to build residential, industrial, cultural and other structures and structures;

4) ownership of crops and landing of crops and plantations;

5) in the prescribed manner, it is necessary to carry out irrigation, drying culture and other landlocative work, to build ponds and other reservoirs in accordance with the environmental requirements of the use of land;

6) Participate in solving the issues of the amelioration of their lands;

Withdrawal or redemption for state and social needs of land plots in citizens can be carried out after the allocation of equivalent land plots by the local Council of People's Deputies of the Equal Land, the construction of enterprises, institutions and organizations for which land, residential, industrial and other buildings is given in return Received and compensation in full of all other losses, including the missed benefit, in accordance with Article 97 of this Code.

Withdrawal for state and social needs of the land of collective farms and state farms, agricultural and research institutions and training activities, other state, cooperative public, agricultural and forestry enterprises can be carried out under the condition of construction of residential, industrial and other buildings instead of themselves and reimbursement in The full amount of all other losses, including the missed benefits, in accordance with Article 97 of this Code.

Section III

Agricultural land

Chapter 9. Basic provisions

Article 56. Agricultural land

The lands of agricultural purposes are recognized as land provided for the needs of agriculture or intended for these purposes.

Article 57. Provision of agricultural land

Agricultural land is provided:

1) Citizens - for the conduct of peasant (farmer) economy, personal subsidiary farm, gardening, animal husbandry, gardening and for other purposes related to the conduct of agricultural production;

2) cooperatives of citizens - for horticulture, animal husbandry and gardening;

3) collective farms, state farms, other agricultural state, cooperative, public enterprises and organizations, joint agricultural enterprises - for agricultural production;

4) research, educational and other agricultural agencies, rural production and technical schools and general education schools for research, educational purposes, advanced experience and agricultural proceedings;

5) non-agricultural enterprises, including joint ventures, institutions and organizations, religious organizations for the maintenance of subsidiary agriculture.

In cases stipulated by the legislation of the RSFSR and the republics that are part of the RSFSR, agricultural land may be provided for agricultural production to other organizations and individuals.

Chapter 10. Lands of citizens leading peasant (farmer) economy

Citizens who expressed the desire to lead the peasant (farmer) economy, based primarily on personal labor and the work of members of their families, land plots are transferred by their request to property or for rent. For citizens who received land plots for the conduct of peasant economy and having a residential building in a rural settlement, a native was kept at the house (as amended by the Decree of the President of the Russian Federation of December 24, 1993 No. 2287).

Citizens, leading peasant farming in land owned areas can additionally rent or receive land plots for production purposes (as amended by the Decree of the President of the Russian Federation of December 24, 1993 No. 2287).

The right to receive a land plot for the conduct of peasant economy has citizens who have reached 18 years of age, which have experience in agriculture and appropriate qualifications, or have passed special training. The preemptive right to receive a land plot have citizens living in a given area. If necessary, the selection of citizens who wished to lead the peasant economy is produced on a competitive basis by the local Council of People's Deputies, which is under the jurisdiction of the land.

The size of the land plot for the conduct of peasant economy is determined in each particular case, taking into account the numerical composition of the peasant economy, its specialization and norms established in accordance with Article of this Code.

Land plots of citizens leading peasant economy, the section is not subject to. The disposal of the land plot of the head of the peasant economy is carried out with the consent of all members of the peasant economy.

The decision to provide land plots for the conduct of peasant economy is accepted by the district (urban, in the administrative subordination of which is the area) by the Council of People's Deputies on the submission of rural councils of people's deputies.

Refusal to provide land plots may be appealed by a citizen in court.

Article 59. Providing land plots for the conduct of peasant (farmer) economy to citizens who are members of collective farms, employees of state farms and other agricultural enterprises

Members of collective farms, employees of state farms and other agricultural enterprises (except experienced farms) who wished to get out of their composition and lead the peasant (farmer) economy, by decision of the district (urban, in the administrative subordination of which the area) of the Councils of People's Deputies is provided by land taken from lands specified enterprises. Local committees for land reform and land resources are pre-coordinated with collective farms, state farms and other agricultural enterprises the location of the landlocked land.

In order to create equal terms of management for the conduct of peasant farm, land plots are provided, the cadastral assessment of which, as a rule, should be at the level of the average cadastral assessment housework. For these purposes, there are primarily concurrent arable land, individual fields of crop rotation (whenever possible without disrupting the integrity of individual land plots and sevisses) or other agricultural land. When providing land plots with a qualitative assessment below the average cadastral in the economy of district (urban), tax and other benefits are established by the Councils of People's Deputies.

Article 60. The procedure for providing land plots for the conduct of peasant (farmer) economy from land land and land of the State Forest Foundation

Citizens who are not members of the collective farms, employees of agricultural enterprises, land plots for the organization of the peasant (farmer) economy are provided from stock lands, or from the Special Fund of Lands, the rights to which are terminated in accordance with paragraphs 1, 2, 3, 4, 6, 8 , 9, Articles 39 and part of the third article 40 of this Code, as well as land for forestry enterprises not covered with forest and shrub and suitable for use in agricultural production.

The land plot of a citizen, the leading peasant (farmer) economy, is inherited by one of the members of this farm in coordination with other members of the peasant economy. In the absence of such, the land plot is transmitted to one of the heirs of the deceased property, who expressed the desire to lead the peasant economy in accordance with the requirements of part of the third article of this Code. If there are several such heirs, the choice is made on a competitive basis by the local Council of People's Deputies, which is under the jurisdiction of the land. Disputes on the preempture of the inheritance of the land section are considered in court.

In the absence of heirs who wish to lead the peasant farm, the land plot is inherited in the size established for conducting personal subsidiary farm, to serve a residential building or for gardening or animal husbandry.

The heir of the land plot has the right to receive the value of the alienated land plot, which does not go wrong.

Article 62. Inheritance Rental of the land plot of citizens leading peasant (farmer) economy

Inheritance Rental of the land plot of citizens, leading peasant (farmer) economy, occurs in the manner prescribed by parts of the first, second and third article of this Code.

When renewing the lease agreement to part of the land plot, the heir reimbursed the costs associated with an increase in soil fertility of that part of the land plot on which the right of the lease inheritance is not covered.

Article 63 is recognized as invalid - Decree of the President of the Russian Federation of December 24, 1993 No. 2287.

Chapter 11. Land plots for conducting personal subsidiary farms, gardening, animal husbandry, gardening, sealing and grazing of livestock

Land plots for conducting personal subsidiary farms are transmitted at the request of citizens to the property by local councils of people's deputies in accordance with their competence (as amended by the Decree of the President of the Russian Federation of December 24, 1993 No. 2287).

In the implementation of a compact building of settlements in accordance with their master plans and projects for planning and building land plots for conducting personal subsidiary farms near the house (apartment) are provided in a smaller size with the separation of the rest of the site outside the residential area of \u200b\u200bthe settlement.

Article 65 is recognized as invalid - Decree of the President of the Russian Federation of December 24, 1993 No. 2287.

Land plots for collective gardening, gardening and animal husbandry are provided by local councils of people's deputies within their competence and consist of lands common useIn the use of horticultural and livestock facilities, and from land owned by members of the specified partnerships (as amended by the Decree of the President of the Russian Federation of December 24, 1993 No. 2287).

General use lands include land plots engaged in security areas, roads, travel, other structures and public facilities.

On the general use of the local councils of people's deputies, a gardening or livestock partnership is issued a document certifying the right to land.

At the plots transferred to the ownership of every member of the horticultural and livestock facilities, the local councils of people's deputies on the submission of the relevant partnerships are issued a document certifying its right to land (as amended by the Decree of the President of the Russian Federation of December 24, 1993 No. 2287).

The procedure for the use of land in horticultural and livestock partnerships is determined by their charters.

In some cases, land plots may be provided to citizens for individual gardening and gardening.

Article 67 is recognized as invalid - Decree of the President of the Russian Federation of December 24, 1993 No. 2287.

Land plots for collective and individual gardeners, selection and grazing of livestock are provided by local councils of people's deputies from land reserves, and enterprises, institutions and organizations - temporary use. In some cases, it is allowed to extend the term of use in the prescribed manner.

Land plots provided for gardening are used for the cultivation of vegetables, potatoes, mud and berry crops. If necessary, on these land plots, subject to local conditions, temporary construction of individual or general use for recreation, storage of garden equipment and shelter from bad weather can be built.

Upon termination of the right to use by land plots provided for gardening, the temporary buildings erected on them are subject to demolition of the owners of these buildings or for their account without compensation for the cost of buildings.

Chapter 12. Lands of collective farms, agricultural cooperatives, state farms and other agricultural enterprises, institutions and organizations

Article 69 is recognized as invalid - Decree of the President of the Russian Federation of December 24, 1993 No. 2287.

Section IV

Earth settlements

Chapter 13. Lands of cities, workers, resort and country settlements and rural settlements

Article 70. Land of cities, workers, resort and country settlements and rural settlements

All lands within the urban, settlement features and features of rural settlements are running urban, settlement, rural councils of people's deputies.

The lands of cities, workers, resort, country settlements and rural settlements include:

1) land of urban, settlement and rural buildings;

2) general land;

Article 72. Urban, settlement features, damage of rural settlement

Urban, settlement feature, the feature of the rural settlement. The outer boundary of the land of the city, the village, rural settlement, which separates them from other categories of land. The urban, settlement feature and settlements is established and changed by the authorities approve of general plans, projects planning and building cities, towns and rural settlements.

In the republics of the RSFSR, the city trait of cities, towns, rural settlements is established and varies in the manner determined by the legislation of these republics.

The inclusion of land plots in the city, village, rural settlement does not entail the termination of land ownership, land tenure, land use and lease for these sites.

Article 73. Using land of cities, settlements, rural settlements

All the lands of cities, towns, rural settlements are used in accordance with their master plans and projects planning and development.

General plans (projects planning and development) cities, towns, rural settlements define the main areas of use of their lands for industrial, housing and other construction, improvement and placement of recreation sites.

Plans of the land-house device of cities and towns define the main directions of use of non-building and temporarily unwashed land of the city.

The procedure for the use of land specified in paragraphs, and the articles of this Code, is determined by the legislation of the RSFSR, and in the republics within the RSFSR, the legislation of these republics.

Urban, settlements, rural councils of people's deputies are carried out a complex of necessary work on the improvement and landscaping of land of cities, towns, rural settlements. Enterprises, institutions, organizations and citizens are obliged to maintain green spaces in accordance with the rules established by urban, village, village councils of people's deputies, as well as maintaining the territory enshrined behind them in due sanitary and fire condition.

Article 75. Lands of urban, settlement, rural buildings

The land of urban, settlement and rural buildings consist of land built and subject to development by residential, cultural and domestic, industrial, religious and other structures and structures.

These lands are provided to enterprises, institutions and organizations for the construction and operation of industrial, industrial, residential, cultural, domestic, religious and other structures and structures, as well as citizens for individual housing construction.

Article 76. General Earth

General use lands in cities, towns and rural settlements consist of land used as a communication path (square, streets, archers, passages, roads, embankments), to meet the cultural and domestic needs of the population (parks, forest parks, squares, gardens, Boulevards, reservoirs, beaches), polygons for the disposal of non-regional industrial waste, landfill polygons and garbage processing enterprises, and other land serving to meet the needs of the city, village, rural settlement.

On the lands of general use, the construction of capital buildings and structures is allowed in accordance with the targeted appointment of these lands, as well as temporary buildings and structures of a lightweight type (tents, kiosks, etc.).

Article 77. Agricultural land and other land

Farms of agricultural use in cities, towns, rural settlements include Pashnya, Gardens, vineyards, gardens, hayflowers, pastures. Other crops include shrubs, peatlands, ravines, careers and others.

These land are used by collective farms, state farms, other enterprises, institutions, organizations and citizens to conduct agriculture, as well as for other needs of urban economy.

Article 78. Lands of environmental, recreational, recreational and historical and cultural purposes

The land of cities, towns, rural settlements includes land environmental, health, recreational and historical and cultural purposes, the procedure for the use of which is determined by Articles - this Code.

Any activity on them, contrary to their intended purpose, is prohibited, and all construction is permitted by the decision of the urban, village, rural Council of People's Deputies.

Earth engaged in forests serve the goals for the protection of landscapes, plant and animal peace, preservation of the environment, improving the microclimate, recreation organization, protection of the territory from wind and aquatic erosion.

Article 79. Lands of industry, transport, communications, broadcasting, television, computer science and space support, energy, defense and other purposes

To the lands of industry, transport, communications, broadcasting, television, computer science and space support, energy, defense and other purposes in cities, villages, rural settlements include land provided to enterprises, institutions and organizations to implement tasks assigned to them.

The size of land plots provided for these purposes is determined in accordance with the norms or design and technical documentation approved in the prescribed manner.

Placement on these lands of buildings and structures, as well as work on improvement, is carried out in coordination with urban, village, rural councils of people's deputies.

Chapter 14. Land plots for housing, country, garage construction, business activities

Land plots for cooperative, as well as individual dacha, garage and housing construction are provided by local councils of people's deputies in accordance with their competence.

Earth for cooperative dacha and garage construction consist of general land lands that are in the use of class construction and garage-building cooperatives (as amended by the Decree of the President of the Russian Federation of December 24, 1993 No. 2287).

General use lands include lands engaged in security zones, roads, travel, other structures and public facilities.

On the general use of local councils of people's deputies, the relevant cooperatives issued a document certifying the right to land (as amended by the Decree of the President of the Russian Federation of December 24, 1993 No. 2287).

During the construction of housing and construction cooperatives of apartment buildings, and garage-building cooperatives of multi-tiered garages, land plots are provided in indefinite (permanent) use or lease to cooperatives.

Article 81. The use of land plots provided for housing, garage construction and entrepreneurial activities

Land plots provided for individual housing construction are used to erect residential buildings and service buildings.

Land plots provided for country construction are used to build a residential building, household buildings and recreation organizations, as well as growing vegetables, berries, fruits, colors.

Land plots provided for garage construction are used to build buildings necessary for storing and servicing cars, other means of transport.

Land plots provided for entrepreneurial activities are intended to build the buildings necessary to fulfill this type of activity.

Article 82 is recognized as invalid - Decree of the President of the Russian Federation of December 24, 1993 No. 2287.

Section V.

Earth industry, transport, communications, broadcasting, television, computer science and space support, defense and other purposes

Article 83. Lands of industry, transport, communications, broadcasting, television, computer science and space support and other purposes

Lands of industry, transport, communications, broadcasting, television, computer science and space support and other purposes are recognized by the Earth provided by the relevant Council of People's Deputies for use or rent to enterprises, institutions and organizations to implement special tasks assigned to them.

The provision of enterprises, institutions and organizations of land plots for the development of minerals is made after the design of the mining, approval of the project of land reclamation and restoration of previously exhaust areas. The provision of highly valuable productive land is made only after working out other land located within the borders of the mountain drain.

Zones with special terms of use of land are established to ensure the safety of the population and creating required conditions For the operation of industrial, transport and other objects. Land plots on which these zones are established, the owners of the Earth, landowners, land users and tenants are not invoked, but within their limits the special regime of land use, limiting or prohibiting those activities that are incompatible with the objectives of establishing areas.

Enterprises, institutions and organizations, in the interests of which zones are installed with special conditions for the use of land, are obliged to designate the boundaries of the zones with special information signs.

Article 84. The provision of non-agricultural enterprises, institutions and organizations of land for agricultural purposes

Non-agricultural enterprises, institutions and organizations provide unused land into temporary use of citizens, collective farms, other enterprises, institutions, organizations for agricultural purposes in the manner established by Article 14 of this Code.

Article 85. Office land

Office landings are provided for agricultural use to individual categories of employees of enterprises, institutions and organizations of transport, forestry, forest industry, water, fishing, hunting.

Service posts stand out on a two-week period from land that are in use or long-term rental of enterprises, institutions and organizations of relevant ministries, government committees and departments, by decision of the administration of these enterprises, institutions and organizations. With a lack of such land, enterprises, institutions, organizations apply to the local councils of people's deputies about the additional provision of land plots for these purposes.

Article 86. Terms of Provision of Service Land Pumps

Service land plots are provided during work, in connection with which they are allocated. In the case when crossing crops were made on the service station, the right to use a dismissed employee will stop after the crop removal.

Citizens who are owners of land, landowners or leases from local councils of national deputies of the land of agricultural purposes, service land notes are not provided.

The conditions for the provision of servants in the republics that are members of the RSFSR are determined by the legislation of these republics.

Article 87. Conservation of the right to service land

The right to official land put on the employees who have ceased labor relations when moving them to an old-age retirement or disability, for one of the family members of the employees, designed to the actual urgent military service in the ranks of the Armed Forces or to study - for the entire period of finding military service Either in an educational institution, as well as for one of the members of the family of workers who died in connection with the performance of official duties: for a disabled spouse and elderly parents - for life, and for children - before their majority (as amended by the Decree of the President of the Russian Federation of December 24, 1993 № 2287).

Article 88. Earth for defense needs

Lands for the needs of defense recognize land provided for the placement and ongoing activities of military units, institutions, military-educational institutions, enterprises and organizations of the Armed Forces, Border, Domestic and Railway Forces (as amended by the Decree of the President of the Russian Federation of December 24, 1993 No. 2287) .

If there is a temporary (episodic) use of land (territories) for exercises and other activities related to the needs of defense, land plots of owners, landowners, land users and tenants are not withdrawn.

Part Three is recognized as invalid - Decree of the President of the Russian Federation of December 24, 1993 No. 2287.

The procedure for providing land for the needs of defense is established by this Code (as amended by the Decree of the President of the Russian Federation of December 24, 1993 No. 2287).

Section VI

Earth environmental, natural and reserving, recreational, recreational and historical and cultural purposes

The land of environmental protection includes land of reserves (with the exception of hunting), forbidden and spawning strips, lands engaged in forests that perform protective functions, other lands in the system of protected natural territories, land monuments of nature.

Lands of environmental protection include land plots, within which there are natural objects representing special scientific and cultural value (typical or rare landscapes, communities of plant and animal organisms, rare geological formations, types of plants and animals).

On the lands of environmental protection, limited economic activities are allowed, subject to the regime established on them.

In places of residence and economic activities of small peoples and ethnic groups, the use of environmental land for grazing deer is allowed.

Water protection zones of rivers and water bodies are installed, the boundaries of which are fixed on the ground with special information signs. Land plots within the zones of land owners, landowners, land users and tenants are not withdrawn. The use of these sites is carried out in compliance with the mode installed on them.

The procedure for the use of land of environmental protection, the establishment and use of zones with special land use conditions is determined by the legislation of the RSFSR and the republics that are part of the RSFSR.

Article 90. Lands of natural reserves

The lands of the natural and protected fund include land of nature reserves, monuments of nature, natural (national) and dendrological, botanical gardens.

Lands of the Natural Reserve Fund include land plots with natural complexes and objects having a special environmental, scientific, aesthetic, cultural and recreational significance.

On the lands of nature reserves and protected areas of natural (national) parks, activities are prohibited not related to the preservation and study of natural complexes and objects and not provided for by the legislation of the RSFSR. On other lands of the naturally protected fund, limited economic and recreational activities are allowed in accordance with the regime established for them.

Part of the territory of the Natural National Park can be located on the lands of other categories that are not part of the Natural Reserve Fund.

In places of residence and economic activity of small peoples and ethnic groups, in cases stipulated by the legislation of the RSFSR and the republics that are part of the RSFSR, traditional extensive environmental management, which does not cause anthropogenic transformation of protected natural complexes on the lands of the Natural and Reserve Fund.

To ensure the mode of nature reserves, natural (national) parks, monuments of nature, dendrological parks and botanical gardens, security zones can be established with prohibition within these zones of any activity that adversely affects the natural complexes of specially protected natural territories. Land plots within the security zones of owners, landowners and land users are not withdrawn. The use of land within the security zones is carried out in compliance with the regime established on them.

The procedure for the protection and use of land of the naturally protected fund is determined by the legislation of the RSFSR and the republics that are part of the RSFSR.

Article 91. Land of improving

The lands of recreational purposes include land plots with natural therapeutic factors (mineral sources, deposits of therapeutic mud, climatic and other conditions), favorable to organize prevention and treatment.

Earth recreational purposes are subject to special protection.

In order to create the necessary conditions for the protection of lands of recovery, therapeutic natural factors of the resorts may establish three zones with special conditions of use (security zones, sanitary protection districts, etc.) The procedure for the use of land in these zones is established by the legislation of the RSFSR and the republics that are part of the RSFSR . Land plots on which zones are installed, with the exception of the first, the owners of the Earth, landowners, land users and tenants are not removed, but within their limits the special regime of land use, limiting or prohibiting those activities that are incompatible with the objectives of the establishment of zones. Enterprises, institutions and organizations, in the interests of which zones are installed with the special conditions of the use of land, are obliged to designate the boundaries of the zones with special information signs.

Article 92. Recreational land

The lands of recreational purposes are recognized by land allocated in the prescribed manner, intended and used for organized mass recreation and tourism of the population. These include land plots engaged in areas of holiday homes, boarding houses, sanatoriums, campgrounds, sports and recreation complexes, tourist bases, stationary and tent tourist and recreation camps, houses of fisherman and hunter, children's tourist stations, parks, forest parks, training trails , labeling trails, pioneer and sports camps located outside the lands of recovery. The land on which training trails and labeling trails are held, stand out in coordination with land owners, landowners, land users and tenants and can be subject to withdrawal.

The land of recreational purposes also includes land of suburban green zones, i.e. Earth outside the urban trail occupied by forests, forestarms and other green plantings performing protective and sanitary and hygienic functions and are a place of rest of the population.

On the lands of recreational purposes, activities that prevent the use of them on the intended purpose are prohibited.

The release of receduction land is carried out by solving regional, regional, autonomous regions, autonomous districts of the Councils of People's Deputies, and in the republics that are members of the RSFSR, in the manner established by the legislation of these republics.

The procedure for the use of land recreational purposes and the determination of their borders is established by the legislation of the RSFSR and the republics that are part of the RSFSR.

Lands of historical and cultural purposes are recognized as land on which (and in which) monuments of history and culture are located, attractions, including those declared by the protected, national parks, historical and cultural reserves (museum reserves), as well as employed cultural institutions and With which the existence of traditional folk art crafts, crafts and other applied arts are connected.

Earth historical and cultural purposes are used in a special mode, installed in accordance with the legislation of the RSFSR and the republics that are part of the RSFSR.

Withdrawing land historical and cultural land for the needs contrary to their main intended purpose, and any activity that does not correspond to the established regime is not allowed. In accordance with the legislation of the RSFSR, individual lands of historical and cultural purposes can be fully seized from economic use, including land on which there are historical and cultural facilities to be studied and conservation.

The procedure for the use of land of historical and cultural purposes, determining their borders, withdrawal from economic use, the peculiarities of the order, other forms of protection of land historical and cultural purposes are determined by the special legislation of the RSFSR and the republics that are part of the RSFSR.

Section VII

Lands of the Forest Foundation, Earth Water Fund and Earth Reserve

Lands of the Forest Foundation are considered land covered with forest, as well as not covered with forest, but provided for the needs of forestry and forest industry.

The procedure for the use of land of the forest fund is regulated by the legislation of the RSFSR and the republics that are part of the RSFSR.

Unused for the needs of forestry and forest industry, agricultural and other areas can be provided with forestry and industrial enterprises for temporary use for agricultural purposes in accordance with Article 14 of this Code.

In places of residence of small peoples and ethnic groups, the relevant advice of people's deputies provide for use and transmit to collective farms, state farms, gentlemen, as well as in property, possession or rent from the Land Forest Land for reindeer reindeer and hunting.

Article 95. Lands of the Water Fund

The lands of the water fund include land engaged in reservoirs, glaciers, swamps, with the exception of the tundra and forestry zones, hydrotechnical and other water treatment facilities, as well as land allocated under the tap (on the shores) of water bodies, main inter-farm channels and collectors.

The Earth of the Water Fund is used for the construction and operation of structures that ensure the satisfaction of drinking, household, wellness and other needs of the population, as well as water and agricultural, environmental, industrial, fisheries, energy, transport and other public and social needs.

The procedure for the use of land water fund is determined by the legislation of the RSFSR and the republics that are part of the RSFSR.

Article 96. Earth stock

Stock Lands are all lands not provided to ownership, possession, use and rent. These also include land, ownership, possession and use of which are terminated in accordance with Articles - this Code.

The land of the stock is managed by rural, town, urban, district councils of people's deputies in accordance with Article of this Code.

Section VIII.

Reimbursement of losses to the owners of the Earth, landowners, land users, tenants of the losses of agricultural and forestry production

Articles 97 - 99 are recognized as invalid - Decree of the President of the Russian Federation of December 24, 1993 No. 2287.

Section IX.

Protection of land

The protection of land includes a system of legal, organizational, economic and other events aimed at their rational use, the prevention of unreasonable seizures of land from agricultural turnover, protection against harmful effects, as well as to restore land productivity, including forest fund, and reproduction and raising Soil fertility.

The protection of land is carried out on the basis of an integrated approach to lands as complex natural education, taking into account their zonal and regional features and puts the following goals:

prevent degradation and impairment of land, other adverse effects of economic activity by stimulating environmental production technologies, the introduction of compensatory payments to the owners of the Earth, landowners, land users and tenants for the deterioration of the quality of their lands undergoing degradation or violation;

create a mechanism for accounting and verifying the ecological state of land, as well as providing land owners, landowners, land users and tenants with environmental standards for the optimal use of land.

The owners of the land, landowners, land users and tenants carry out:

rational organization of the territory;

restoration and increase in soil fertility, as well as other useful properties land;

protection of land from water and wind erosion, silica, flooding, wiping, secondary salinization, drainage, seals, contamination of production waste, chemical and radioactive substances, from other destruction processes;

protection against agricultural land and other lands by quarantine pests and disease diseases, overgrown with weeds, shrubs and melancholy, other processes of deterioration of the cultural state of land;

reclamation of broken lands, restoration of their fertility and other useful properties of the Earth and timely involvement in the economic turnover;

removal, use and preservation of a fertile soil layer during work related to lands impairment.

In cases of impossibility in the near future, restore the fertility of soil degraded agricultural land, lands contaminated with chemical and radioactive substances above the permissible concentration, as well as quarantine pests and disease diseases, land conservation is provided in the manner established by the Council of Ministers of the RSFSR.

At the expense of republican and local budgets in accordance with Articles and 99 of this Code, republican and regional programs for the protection of land are carried out.

Article 102. Standards of maximum permissible concentrations of chemicals in the soil

These standards and methods of their definition are approved in the manner established by the legislation of the RSFSR.

Article 103. Environmental and sanitary and hygienic requirements for the placement, design and commissioning of objects, buildings and structures affecting the state of land

When placing, designing, construction and commissioning of new and reconstructed facilities, buildings and structures, as well as the introduction of new technologies that adversely affect the state of land should also provide for the protection of land.

Evaluation of the negative impact on the state of land and the effectiveness of the provided protective measures are made according to the results of state sanitary and hygienic and environmental impact assessment, without a positive conclusion of which the implementation is prohibited new technique and technologies, implementation of land reclamation programs, construction (reconstruction) of enterprises and other objects.

Article 104. Protection of valuable agricultural land

In order to protect valuable agricultural land (taking into account the cadastral assessment), regional, regional, autonomous regions, autonomous councils of people's deputies establish the boundaries of territories, within which land removal for non-agricultural needs is prohibited.

In the republics included in the RSFSR, the boundaries of these territories are established by the legislation of these republics.

Article 105. Economic stimulation of land owners, landowners, land users and tenants for rational use and land protection

Economic stimulation of rational use and protection of land is aimed at increasing the interest of land owners, landowners, land users and tenants in the preservation and reproduction of soil fertility, protection of land from negative consequences of industrial activities.

Article 106. Types of economic stimulation of rational use and land protection

Economic stimulation for rational use and land protection includes:

the allocation of funds of republican or local budgets for the restoration of land, disturbed not by the fault of the persons using these lands;

exemption from fees for land plots in the stage of agricultural development in the period stipulated by the draft work project;

partial compensation from the budget of income reduction as a result of the temporary conservation of land, disturbed not by the fault of the persons using these lands;

encourability of citizens leading peasant economy, collective farms, state farms, leshozes and other enterprises, as well as their leaders and specialists for improving the quality of lands, an increase in soil fertility, the productivity of forest funds;

establishing increased prices for environmentally friendly products.

Section X.

Control over the use and protection of land

Article 107. Tasks of state control over the use and protection of land

The tasks of state control over the use and protection of land are to ensure compliance with all state and public bodies, state, cooperative enterprises, institutions and organizations, as well as citizens of land legislation requirements in order to efficiently use and protect lands.

Article 108. Authorities carrying out state control over the use and protection of land

State control over the use and protection of land is carried out by the Councils of People's Deputies, the State Committee of the RSFSR on land reform and its bodies in the field, as well as other government agencies.

The procedure for the implementation of state control over the use and protection of land is established by the Council of Ministers of the RSFSR.

Article 109. Land Monitoring

Land monitoring is a system of monitoring the state of the Land Fund for the timely detection of changes, their assessment, prevention and elimination of the consequences of negative processes. The structure, content and procedure for monitoring is established by the Council of Ministers of the RSFSR.

Section XI.

State land cadastre

Article 110. Content and appointment of the State Land Cadastre

The State Land Cadastre contains a system of necessary information and documents on the legal regime of land, their distribution of land owners, landowners, land users and tenants, land categories, the qualitative characteristics and the national economic value of land.

The data of the State Land Cadastre is subject to mandatory use in the planning of the use and protection of land, with their withdrawal and provision, in determining payments for land, carrying out land management, assessing economic activities and the implementation of other measures related to the use and protection of land.

The management of the state land inventory is ensured by the topographic-geodesic, cartographic, soil, agrochemical, geobotanic and other surveys and surveys.

Article 111. The procedure for maintaining state land inventory

The State Land Cadastre is conducted by the State Committee of the RSFSR on land reform and its fields on the united system for the entire republic, at the expense of the republican budget.

The procedure for maintaining state land cadastre is established by the Council of Ministers of the RSFSR.

Section XII.

Land management

Article 112. Appointment of land

Land management includes a system of measures aimed at implementing land legislation, decisions of the Councils of People's Deputies for the organization of the use and protection of land, the creation of a favorable environmental environment and improving natural landscapes.

The objectives of the land management are the organization of rational use of land in all sectors of the national economy, creating conditions for maintaining sustainable landscapes and land protection.

Article 113. The content of land management

Land management provides:

1) the development of forecasts, republican and regional programs, schemes for the use and protection of land resources and land management schemes;

2) the establishment of the boundaries of administrative and territorial formations on the ground;

3) drawing up draft formations of new and streamlining of existing land tenants and land uses with the elimination of inconveniences in the location of land, land plots in kind, preparation of documents certifying the right of ownership and use of land;

4) the development of projects of intra-economic land management and other projects related to the use and protection of land;

5) the development of work projects for the recultivation of broken lands, protection of soils from erosion, landslides, landslides, flooding and salinization, improvement of agricultural land, developing new lands;

6) the rationale for the placement and establishment of the boundaries of territories with special environmental, recreational and protected regimes;

7) the establishment and change of urban features, settlement features and features of rural settlements;

8) carrying out topographic-geodesic, cartographic, soil, agrochemical, geobotanic and other surveys and survey work.

Article 114. Organization and procedure for conducting land management

The land management process consists of preparatory work, the development of forecasts, schemes, land management projects, consideration and approval of project documentation, transferring projects to nature (on the land), registration and issuance of land management materials and documents, exercising author's supervision for the implementation of landowner projects by land owners, landowners, land users and tenants.

The land management is carried out on the decisions of the Councils of People's Deputies, on the initiative of the State Committee of the RSFSR in land reform and its bodies or at the request of the land owners of land, landowners, land users and tenants and is carried out by government project organizations for land management at the expense of state budget. The development of land management projects related to the territory of the territory, the indigenous improvement and protection of land plots from the villages, landslides, flooding and salinization, can also be carried out on the initiative of land owners, landowners, land users and tenants during their account and other land management organizations.

Land management projects are drawn up with the participation of interested owners of land, landowners, land users, tenants and after approval are transferred to nature (on the ground) with the designation of the boundaries of land plots and fields of crop rotations by land signs of the established sample.

The organization of the territory established in the land management order is mandatory for the owners of land, landowners, land users and tenants.

Section XIII.

Permission of land disputes

Section XIV.

Responsibility for violation of land legislation

Article 124 is recognized as invalid - Decree of the President of the Russian Federation of December 24, 1993 No. 2287.

Article 125. Administrative and criminal liability for violation of land legislation

For violation of land legislation legal entities And citizens are subjected to a fine imposed in administrative order in the following sizes:

for the unauthorized occupation of land plots, legal entities - from 50 thousand to 100 thousand rubles, citizens - from one thousand to five thousand rubles;

for unauthorized construction, legal entities - from five thousand to ten thousand rubles, citizens - from 500 to one thousand rubles;

for littering land, legal entities - from five thousand to ten thousand rubles, citizens - from 100 to 500 rubles;

for damage and destruction of the fertile layer of soil, legal entities from 100 thousand to 500 thousand rubles, citizens - from 500 to three thousand rubles;

for violation of the duration of the return of temporarily occupied lands, the failure to comply with the obligations to bring them to a state suitable for use on intended purpose, legal entities - from 100 thousand to 500 thousand rubles, citizens - from 500 to one thousand rubles;

for the design, accommodation, construction and commissioning of objects, negatively affecting the state of land, legal entities - from 50 thousand to 100 thousand rubles, citizens - from 500 to ten thousand rubles;

for distorting information about the state of the use of land, officials and citizens - from 100 to 500 rubles;

for violation of the terms of consideration of applications (petitions) of citizens on the provision of land plots and concealing information on the availability of a free land foundation, officials from one thousand to three thousand rubles;

for the destruction of flight marks, legal entities - from 100 to 500 rubles, citizens - from 50 to 100 rubles.

For the above offenses, the legislation of the RSFSR may be established criminal liability.

In the republics belonging to the RSFSR, the responsibility for violation of land legislation is established by the legislation of these republics.

Fines for these violations of land legislation are imposed by local authorities of the State Committee for Land Reform, the State Committee of the RSFSR on Ecology and Environmental Management, as well as the State Sanitary and Architectural Supervision in the manner established by the Council of Ministers of the RSFSR.

The imposition of fines and other penalties does not exempt the perpetrators from eliminating the disorders.

Article 126. Reimbursement of damages and harm caused by a violation of land legislation

Self-employed land plots are returned by their affiliation without compensation for the costs produced during the illegal use.

Bringing land in suitable condition for use in their litter or unauthorized lesson, demolition of structures in unauthorized classes or unauthorized construction, as well as the restoration of the destroyed inter-marks is made by enterprises, institutions, organizations and citizens guilty of these violations or by their account.

Enterprises, institutions, organizations and citizens are obliged to compensate the harm caused by them as a result of the violation of land legislation.

Section XV

International treaties

Article 127. International treaties

If the international treaty of the RSFSR or the international treaty of the USSR, concluded within its competence in accordance with the Union Agreement, other rules have been established than those contained in the Land Legislation of the RSFSR or the USSR, the rules of the International Treaty applies.

Chairman of the Verkhovna

Council of the RSFSR B.N. Yeltsin

Moscow, House of Soviets RSFSR

№ 1103-1

Permission of land disputes

1. Rent a land plot is terminated on the grounds and in the manner provided for by civil law.

2.2. Along with those specified in paragraphs 1 and 2 of this article, the grounds for renting a land plot provided on the basis of an agreement on the integrated development of the territory at the initiative of the local self-government body, or land plots formed from such a land plot may be terminated at the request of the landlord in case of termination of such a contract. On the integrated development of the territory in connection with the failure to fulfill the person who has concluded the said agreement with the local government authority provided for by such a contract of obligations.

3. Termination of the lease of a land plot based on the reasons specified in the second paragraph of sub-clause 1 of paragraph 2 of Article 45 of this Code, is not allowed:

1) during field agricultural work;

2) In other cases established by federal laws.

Comment to Art. 46 ZK RF

1. This article introduces additional basis for the termination of the land lease agreement, in addition to those established by the GC.

Upon termination of the lease agreement, the tenant is obliged to return the land plot to the ownership of the landlord in the state, in which he received it, taking into account the "normal wear" or in a state due to the contract (Art. 622 of the Civil Code). If the tenant did not stop using the site within a period established by the Treaty, and without the consent of the lessor, although the latter insists on this termination, or stopped using a non-time, the landlord is entitled to require renting a rent for all times of delay. In the case when the paid fee does not cover the losses incurred by the landlord, it is entitled to claim their compensation.

Landlord on the basis of Art. 619 GK has the right to terminate the contract ahead of time, if the tenant:

- enjoys a land plot with a significant violation of the terms of the contract or the appointment of the land plot or with repeated disorders;

- significantly worsens the quality of lands;

- More than two times in a row on the expiration of the deadline does not contribute a rent.

The landlord has the right to demand from the tenant early depositing the rent in the event of a significant violation of the last period of application, unless otherwise provided by the lease agreement. At the same time, the landlord is not entitled to require early submission of rent for more than two times in a row (art. 614 of the Civil Code).

The lease agreement may also establish the conditions for termination of the contract on the initiative of the Lessor in accordance with paragraph 2 of Article 450 of the Civil Code of the Russian Federation, i.e. With a significant violation of the contract with the other party. A significant violation of the treaty is a violation that is affected for the other side of the damage, as a result of which it is largely deprived of what was entitled to count on concluding a contract. It means that the landlord may insist on the inclusion of the conditions under which it has the right to terminate the lease agreement ahead of schedule, if he foresides and wants to prevent possible substantial violations by the tenant of the treaty conditions. The list of these conditions depends on the content of a particular contract.

At the same time, the law requires the landlord before he continuously terminates the contract, sent a leaser warning about the need to fulfill its obligation within a reasonable period (Article 619 of the Civil Code).

At the request of the landlord, the lease agreement may be terminated by the court in cases where the tenant:

- enjoys property with a significant violation of the terms of the contract or the appointment of property or with repeated disorders;

- significantly worsens the property;

- more than two times in a row after the expiration of the payment term established by the contract does not contribute;

- Does not make capital repairs to the timeline established by the lease agreement, and in the absence of them in the contract - within a reasonable time, in cases where, in accordance with the law, other legal acts or the contract, the production of capital repairs is the responsibility of the tenant.

The lease agreement can also be established by other foundations of early termination of the contract at the request of the Lessor in accordance with paragraph 2 of Art. 450 GK.

In accordance with Art. 620 GK At the request of the tenant, the lease agreement may be terminated by the court in cases where:

1) the landlord does not provide property for the use of the tenant or creates obstacles to the use of property in accordance with the terms of the contract or the appointment of property;

2) The property transferred to the tenant has the disadvantages that have not been stipulated by the landlord when concluding the contract, were not known to the tenant and should not be detected by the tenant during the inspection of the property or verification of its health at the conclusion of the contract;

3) the landlord does not produce its duty overhaul of the property in the timing established by the lease agreement, and in the absence of them in the contract - within a reasonable time limit;

4) The property due to the circumstances for which the tenant does not respond, will be in a state uninhabitable for use.

The lease agreement may also be established by other grounds for early termination of the contract at the request of the tenant in accordance with paragraph 2 of Art. 450 GK.

The owner of the land plot is entitled to demand for the court that the owner of the real estate after the termination of the right to use the site freed him from real estate and led the site to the original state.

In cases where the demolition of a building or structure located on the land plot is prohibited in accordance with the law and other legal acts (residential buildings, monuments of history and culture, etc.) is either not subject to implementation due to the explicit excess of the value of the building or structure compared With the value of the land allotted under him, the court, taking into account the grounds for the termination of the right to use the land plot and, upon presentation of the relevant requirements, can recognize the right of the owner of the property for the acquisition of the land plot, where this property is located, or the right of the owner of the land plot for the purchase of the remaining on it real estate. The rules of the commented article are not applied in the seizure of the land plot for state or municipal needs (Art. 283 of the Civil Code), as well as the termination of the rights to land in due to its inappropriate use (Art. 286 of the Civil Code).

2 - 3. The article 2 of the commented article lists the grounds for the termination of the Rental Rent of the Land Register, associated with the violation of land legislation and requirements in the field of land protection, as well as in connection with the removal of land in public interest. In general, this list is similar to the foundations of the termination of other rights to land.

1. Rent a land plot is terminated on the grounds and in the manner provided for by civil law.

2. Along with those specified in paragraph 1 of this article, the foundations of land rental may be discontinued on the initiative of the landlord under the grounds provided for in paragraph 2 of Article 45 of this Code. (Clause in the wording enacted from September 6, 2013 by Federal Law of June 7, 2013 of the year N 123-FZ.

2.1. Along with these articles listed in paragraphs 1 and 2, the foundations of land rental may be discontinued at the request of the landlord in the event of termination of an integrated development agreement concluded for such a land plot or land plots formed from it, or in case of violation of the schedule for the development of this area, provided for by this contract. "(The item is additionally included on March 1, 2015 by the Federal Law of June 23, 2014 N 171-FZ)
3. The termination of the lease of the land plot on the grounds listed in the second paragraph of subparagraph 1 of paragraph 2 of Article 45 of this Code, is not allowed: (paragraph in the editorial office, entered into force from September 6, 2013 by the Federal Law of June 7, 2013 N 123-FZ.
1) during field agricultural work;
2) In other cases established by federal laws.

Comments on Article 46 ZK RF

The grounds for stopping the lease of a land plot can be divided into general grounds for termination of the right to lease of real estate established by civil law, and on the grounds that are additionally introduced by land legislation in relation to the lease of only land plots, they are listed in paragraph 2 and 2.1 of the commented article.

The lease agreement stops in case of expiration of the period on which it was concluded. If the contract was submitted for an indefinite period, then each of the parties have the right to abandon the contract at any time, warning the other party for 1 month, and during the lease of real estate - for 3 months (law or contract can be established a different period for such a warning. ). If the law establishes the maximum (limit) terms of the contract for certain types of lease, the contract is terminated after this deadline, even if the lease term is not defined in the contract itself.

So, according to Art. 9 FZ "On the turnover of agricultural land" Agreement lease of a plot of agricultural land in state or municipal property may be concluded for a period not exceeding 49 years (with the exception of cases established by this federal law), and for the sealing and grazing of livestock The lease agreement indicated above is for a period of up to 3 years.

The lease agreement of the land plot is terminated in the event of the death of a citizen who leases this site, if the law or contract law under the lease agreement cannot move to the heir.

The early termination of the lease agreement is possible at the request of both the landlord and the tenant, but only by court decision. In the Civil Code of the Russian Federation there are cases where the tenant and the landlord may require termination of the contract (Article 619, 620). Basically, they are somehow connected with violation of the conditions of the lease agreement.

The landlord has the right to demand early termination of the contract if the tenant is more than 2 times in a row after the expiration of the payment term established by the contract does not contribute; Uses land with a significant or repeated violation of the conditions established in the contract, and also worsens the state of the Earth or does not use it in accordance with the appointment. As for duties on overhaul leased property referred to in Art. 619 of the Civil Code of the Russian Federation, then it seems to them in land legal relations correspond to the obligation to conduct measures to improve the quality of lands, on the protection of soils from the wind, water erosion and the prevention of other processes deteriorating the state of soil.

According to the lease agreement, as well as by the law or other legal act, it can be assigned both on the tenant and for the landlord. If such a responsibility is assigned to the tenant, and it is within the tentences established by the lease agreement (and in the absence of them in the contract - within a reasonable time limit) does not hold these events, the landlord has the right to raise the issue of early termination of the contract.

The Code of the Russian Federation provides for an additional possibility of stopping the lease of a land plot on the initiative of the Lessor for the same grounds as the forced termination of the right of life inherited ownership and the right of permanent (perpetual) use (see Comment on Art. 45).

Clause 3 of the commented article provides for the prohibition of stopping the lease of a land plot during field agricultural work, but only for the use of land with a gross violation of the rules of rational use of land, including the site is not used in accordance with its targeted purpose or its use leads to a significant Reducing the fertility of agricultural land or a significant deterioration in the environmental situation.

The fact is that in other cases the cessation of land rights in the previous article, there are public interests that require immediate seizure of the site, or the plot is not used for agricultural production, or as a result of the perfect offense, it becomes dangerous to use the site In agricultural purposes. Other cases may be established by federal laws when it is not allowed to stop the lease of a land plot under the above mentioned.

The lease agreement of the land plot may be terminated by the court also at the request of the tenant. The tenant has the right to demand early termination of the land lease agreement:
- If the landlord does not provide him with a land plot in use or creates obstacles to the use of the land plot in accordance with its appointment or in accordance with the terms of the contract. For example, a farmer has leased temporarily not used by him part of its site located near the agricultural partnership for a unpack, but does not remove the building materials and a barn on this land;
- If the land plot has preventing the use of shortcomings, which were not coordinated by the landlord at the conclusion of the contract, were not known to the tenant in advance and should not be detected by the tenant during the inspection of the site at the conclusion of the contract. Thus, the tenant could not know by the time of the conclusion of the contract that the site, for example, is flooded annually in the spring when the river spilling, and it was found only in the process of use;
- if the landlord does not conduct measures to improve the quality of lands, for the protection of soils from the wind, water erosion and the prevention of other processes worsening the state of soil, while under the lease agreement they constitute its duty, in the established contract or other reasonable terms;
- If the land plot is due to the circumstances for which the tenant does not respond, it will be in a state that is not suitable for use. This may occur if, for example, the land plot has been subjected to radioactive or chemical contamination due to the accident on a nearby industrial facility.

1. Rent a land plot is terminated on the grounds and in the manner provided for by civil law.

2.2. Along with those specified in paragraphs 1 and 2 of this article, the foundations of land lease provided on the basis of an agreement on the development of the built-up territory, an agreement on the integrated development of the territory at the initiative of local self-government, or land plots formed from such a land plot, may be discontinued on demand Landlord In the event of termination of such a contract for the development of the built-up territory, the Treaty on the Complex Development of the Territory in connection with the failure to fulfill the person entered into the development agreement on the development of the built-up territory, the Treaty of Comprehensive Development of the Territory with the Local Self-Government Authority, provided for by such an agreement on the development of the built-up territory, the Treaty on Complex development of the territory of obligations.

2.3. Along with those listed in paragraphs 1 and 2 of this article, the recesses of the land plot included in the list of state property or a list of municipal property provided for by part 4 "on the development of small and medium-sized businesses in the Russian Federation" may be discontinued at the request of the Federal Executive Authority, respectively , the executive authority of the constituent entity of the Russian Federation, the local government body in accordance with Part 3 of Article 18 of the Federal Law.

2.4. Along with those specified in paragraph 1 of this article, the foundations of the lease of a land plot located in state or municipal property may be discontinued in accordance with Article 107 of this Code at the initiative of the tenant of such a land plot in the event of a zone with special conditions for the use of the territory, within the boundaries of which completely Or partly there is such a land plot if the use of such a land plot in accordance with its permitted use due to the establishment of a zone with special conditions of use of the territory is impossible.

3. Termination of the lease of a land plot based on the reasons specified in the second paragraph of sub-clause 1 of paragraph 2 of Article 45 of this Code, is not allowed:

1) during field agricultural work;

2) In other cases established by federal laws.

4. Rent a land plot located in state or municipal property, on the basis indicated in the seventh paragraph of subparagraph 1 of paragraph 2 of Article 45 of this Code, is terminated by one-sided refusal of the landlord from the lease agreement of such a land plot or executing a lease agreement of such a land plot subject to non-fulfillment The tenant of the relevant duties stipulated by Part 11, within the deadlines established by the decision on the demolition of the unauthorized construction or by the decision on the demolition of the unauthorized construction or its concern to the established requirements adopted in accordance with civil law, or non-fulfillment by the tenant of the obligations provided for by the contract for the lease of such a land plot In accordance with paragraph 7.1 of Article 39.8 or subparagraphs 12-14 of paragraph 21 of Article 39.11 of this Code, within a period established by the contract for the lease of such a land plot. Notice of unilateral refusal to the lease agreement of such a land plot or execution of a lease agreement of such a land plot is sent to the executive body of state authorities or by the local government authority provided for in Article 39.2 of this Code, within one month from the date of receipt from the local government of the settlement, the city district at the place of place Looking for a unauthorized construction or in case the unauthorized construction is located at the interface, the authority of the municipal district of the notification of the non-fulfillment of the specified duties on the period established by the decision on the demolition of the unauthorized construction or the decision on the demolition of the unauthorized construction or its alignment with the established requirements, or notifications On the non-fulfillment by the tenant of such obligations after the expiration of the term established to fulfill such obligations to the contract for the lease of such a land plot, except in cases indicated in paragraphs 5 and 7 Thoring article.

Comments on Article 46 ZK RF

Another comment to Art. 46 Land Code of the Russian Federation

Section I.

Section II.

The rights and obligations of the owners of the Earth, landowners, land users and tenants. Protection and guarantee of their rights

Section III

Agricultural land

Section IV

Earth settlements

Section V.

Earth industry, transport, communications, broadcasting, television, computer science and space support, defense and other purposes

Section VI

Earth environmental, natural and reserving, recreational, recreational and historical and cultural purposes

Section VII

Lands of the Forest Foundation, Earth Water Fund and Earth Reserve

Section VIII.

Reimbursement of losses to the owners of the Earth, landowners, land users, tenants of the losses of agricultural and forestry production

Section IX.

Protection of land

Section X.

Control over the use and protection of land

Article 109. Land Monitoring

Section XI.

State land cadastre

Section XII.

Land management

Section XIII.

Permission of land disputes

Section XIV.

Responsibility for violation of land legislation

Section XV

International treaties

Comment to Art. 46 ZK RF

Comments on Article 46 ZK RF

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