Federal property of the Russian Federation: law, objects

To be able to carry out the necessary tasks, each country requires economic resources. One of them is property that is in state ownership (federal or municipal). How effectively it is managed determines how the country accomplishes its objectives. From the article we will learn what kind of state and federal property there are and the reasons for its emergence.

Concept

Previously, the state was the main form of ownership. But at present, the law enshrines the equality of participants in civil legal relations, which also extend to the state. Equality is ensured by the absence of some advantages, for example, the non-extension of the statute of limitations to a claim for the return of federal property from someone else's possession, carried out illegally. State property (federal and municipal) and private are considered as two components of economic relations, where the purpose of state property is the national appropriation of property, which is separate from the property of individual companies and citizens. The coincidence of national and state interests is based on Part 1 of Art. 3 of the main law of the country, according to which the people are the only source and bearer of power in the country.

Federal property includes property that belongs to the Russian Federation, regional property refers to property that belongs to individual subjects of the country. All this together constitutes state property. Possession, use and disposal of it is carried out in accordance with Articles 294 and 296 of the Civil Code of the Russian Federation.

Concept and features of federal property

In the country, there is a legislative division of all property into two categories: public and private . Private property belongs by right of ownership to individuals: citizens or companies. State property belongs to regions, cities or federal authorities.

Previously, state property had a dominant role, but after the collapse of the Soviet Union it became equal to private property. All subjects who own property are equal before the law.

What is federal property? Federal property is property that belongs to the Russian Federation . Possession, disposal and use of federal property is regulated by Art. 294 and 296 of the Civil Code of the Russian Federation.

How does state property differ from federal property? These concepts should not be confused or confused. The concept of state property is broader than federal property; the latter is an integral part of state property along with municipal or regional property.

Federal property belongs to state authorities, regional property belongs to the constituent entities, municipal property belongs to local authorities.

Ownership in this case means only the process of management. In fact, state property, be it federal or municipal, belongs to the people living in certain regions or localities.

It remains to be understood who manages federal property in the country? After all, without effective management, a country can suffer losses and lose its place on the world stage. Property management at the federal level in the country is carried out by the Federal Property Management Agency .

Federal property objects

The state does not take away all the property from the population, it owns only what needs to be effectively managed for the development of the country, and what is necessary to protect its own sovereignty and ensure the functioning of government bodies.

In fact, federal property includes:

Base of the country's national wealth.
Property necessary for the work of government bodies and the implementation of tasks of global importance.
Defense production property.
Property that ensures the livelihoods and development of the national economy.
Other objects.

The country's riches include important resources and natural sites: nature reserves, specially protected areas, as well as historical and cultural sites and buildings.

Objects for the functioning of government structures and the implementation of government tasks include:

the country's treasury;
property of the Department of Internal Affairs and the Armed Forces, which are financed from the federal budget;
Research institutes, enterprises and universities;
veterinary, sanitary-epidemiological and other services;
correctional institutions;
medical and preventive enterprises.

Objects for the development of the national economy include roads, energy facilities, transport, radio and television networks, state farms and special farms, and mining industry enterprises.

Some of the federal property may be transferred to the ownership of regions or municipalities.

Types of state property

Objects classified as state property are established by law. They:

They form the basis of Russia's national wealth.
Necessary for the work of government bodies and solving problems on a national scale.
Refers to defense production.
Ensure the vital activity and development of the national economy.
Refers to other objects.

Let's briefly consider each of them separately.

Objects for the functioning of government agencies and the management of government tasks

The objects that are needed for the work of government agencies and the management of national tasks include the following:

The state treasury of the country.
Property owned by the armed forces, police departments and other institutions, financed from the federal treasury.
Universities, research institutes, enterprises and other facilities of the Russian Academy of Sciences, ministries, state research centers.
Enterprises and other geological, geodetic, hydrometeorological and other services.
Enterprises and institutions of sanitary and epidemiological and veterinary services.
Patent service enterprises, metrological and machine testing stations.
State reserves and reserves, enterprises that preserve them.
Correctional institutions, medical and preventive enterprises.

© 2021 Federal Agency for State Property Management.

II. Authority

5. The Federal Agency for State Property Management exercises the following powers in the established field of activity:

5.1. in accordance with the procedure established by the legislation of the Russian Federation, places orders and concludes government contracts, as well as other civil contracts for the supply of goods, performance of work, provision of services, for carrying out research, development and technological work for government needs, as well as for ensuring the needs of the Agency;

(as amended by Decree of the Government of the Russian Federation dated January 27, 2009 N 43)

5.2. exercises, in the manner and within the limits determined by federal laws, acts of the President of the Russian Federation and the Government of the Russian Federation, the powers of the owner in relation to federal property necessary to ensure the performance of the functions of federal government bodies in the established field of activity;

5.3. exercises, in the manner and within the limits determined by federal laws, acts of the President of the Russian Federation and the Government of the Russian Federation, the powers of the owner in relation to the property of federal state unitary enterprises, federal government institutions, shares (shares) of joint-stock (business) companies, shares in the authorized capitals of limited liability companies liability of other property, including that constituting the state treasury of the Russian Federation, as well as the powers of the owner to transfer federal property to legal entities and individuals, privatization (alienation) of federal property;

(as amended by Decree of the Government of the Russian Federation dated January 27, 2012 N 34)

5.4. organizes in the prescribed manner the sale, including acting as a seller, of privatized federal property, as well as other property belonging to the Russian Federation, including ensuring the safety of said property and preparing it for sale;

5.5. organizes in accordance with the established procedure the sale, including acting as a seller, of property (including property rights) seized in pursuance of court decisions or acts of bodies that are granted the right to make decisions on foreclosure on property, seized things that were instruments of commission or objects of administrative offenses subject to rapid deterioration, items that are material evidence, the storage of which until the end of a criminal case or during a criminal case is difficult (with the exception of material evidence for which the legislation of the Russian Federation establishes special rules for handling), as well as the sale of confiscated, ownerless movable, seized and other property converted into state ownership in accordance with the legislation of the Russian Federation (with the exception of real estate, including land plots, shares, shares in the authorized (share) capital of commercial organizations), processing of such property, and if it is impossible to sell it due to the loss of consumer properties - its destruction (these powers do not apply to relations related to ethyl alcohol, alcoholic and alcohol-containing products);

(as amended by Resolutions of the Government of the Russian Federation dated September 18, 2012 N 939, dated May 22, 2013 N 430)

5.5(1). organizes, in the prescribed manner, the destruction of items that are material evidence, the storage of which is difficult until the end of a criminal case or during a criminal case, namely, perishable goods and products, if such goods and products have become unusable, items, the long-term storage of which is dangerous to the life and health of people or for the environment (except for ethyl alcohol, alcoholic and alcohol-containing products);

(clause 5.5(1) introduced by Decree of the Government of the Russian Federation dated September 18, 2012 N 939, as amended by Decree of the Government of the Russian Federation dated May 22, 2013 N 430)

5.5(2). in accordance with the legislation of the Russian Federation on customs affairs, carries out: 5.5(2).1. accounting of goods transferred to him, detained or seized by customs authorities;

5.5(2).2. organizing the assessment of goods transferred to him, detained or seized by customs authorities;

5.5(2).3. organizing the sale of goods detained or seized by customs authorities;

5.5(2).4. destruction or processing (disposal) of goods detained or seized by customs authorities, including the organization of destruction or processing (disposal) of such goods;

(clauses 5.5(2)-5.5(2.4) introduced by Decree of the Government of the Russian Federation dated 04.04.2017 N 405)

5.6. concludes, in accordance with the established procedure, contracts for the purchase and sale of federal and other property, and also ensures the transfer of ownership rights to this property;

5.7. carries out, in accordance with the established procedure, accounting for federal property, maintaining a register of federal property and issuing extracts from the specified register;

5.8. exercises control over the management, disposal, use for their intended purpose and safety of land plots in federal ownership, other federal property assigned to the economic management or operational management of federal state unitary enterprises and federal state institutions, as well as transferred in the prescribed manner to other persons, and when violations are detected, takes, in accordance with the legislation of the Russian Federation, the necessary measures to eliminate them and bring the perpetrators to justice;

5.9. ensures, in accordance with the established procedure, that buyers comply with their concluded purchase and sale agreements for federal property;

5.10. carries out, within its competence, an inspection of the use of federally owned property, appoints and conducts documentary and other inspections, including organizing audits and making decisions on conducting audits of federal state unitary enterprises and federal government institutions, including those included in the forecast plan (program) for the privatization of federal property, as well as other legal entities, in order to determine the effective use and safety of federal property;

5.11. organizes the assessment of property in order to exercise property and other rights and legitimate interests of the Russian Federation, determines the terms of agreements on the assessment of federal property;

5.12. carries out the functions of the state customer of federal target, scientific, technical and innovative programs and projects in the area of activity of the Agency;

5.13. acquires property into federal ownership in accordance with the established procedure, transfers property in federal ownership to state ownership of the constituent entities of the Russian Federation and to municipal ownership;

5.14. accepts into federal ownership property created at the expense of the federal budget, including within the framework of the federal targeted investment program;

5.15. prepares and submits in the prescribed manner to the Ministry of Economic Development of the Russian Federation:

5.15.1. a draft forecast plan (program) for the privatization of federal property for the corresponding year, as well as proposals for amendments to it;

5.15.2. proposals on the formation of a list of strategic enterprises and joint-stock companies, as well as on making changes to it;

5.15.3. a report on the results of the privatization of federal property over the past year, as well as information on the results of the privatization of property of the constituent entities of the Russian Federation and municipal property;

5.15.4. report on the turnover of property converted into state ownership;

5.15.5. draft decisions of the Government of the Russian Federation on the appointment of representatives of the Russian Federation to the management bodies of open joint-stock companies, in respect of which a decision was made to use the special right of participation of the Russian Federation in the management of open joint-stock companies (“golden share”), as well as to the management bodies of autonomous non-profit organizations ;

(as amended by Decree of the Government of the Russian Federation dated January 27, 2012 N 33)

5.15.6. draft directives for voting at general meetings of shareholders of joint-stock companies in open joint-stock companies included in a special list approved by the Government of the Russian Federation, and at general meetings of participants in limited liability companies, shares in the authorized capital of which are in federal ownership;

(as amended by Decree of the Government of the Russian Federation dated January 27, 2012 N 34)

5.15.7. proposals on the use and termination of the special right for participation of the Russian Federation in the management of open joint-stock companies (“golden share”);

5.15.8. draft decisions of the Government of the Russian Federation on the approval of transactions carried out by joint-stock companies classified as strategic joint-stock companies related to the alienation of shares contributed by the Russian Federation to their authorized capital in accordance with decisions of the Government of the Russian Federation, as well as transactions entailing the possibility of alienation or transfer in trust management of these shares;

5.15.9. forecast data on the receipt of funds from the privatization and use of federal property, as well as reporting data on the actual receipt of these funds;

5.15.10. draft decisions of the Government of the Russian Federation on the use of the right to demand redemption by a joint-stock company of shares owned by the Russian Federation in cases provided for in Article 75 of the Federal Law “On Joint-Stock Companies”;

5.15.11. proposals to establish public easements on land plots;

5.16. sends to the federal executive body, which is in charge of the federal state unitary enterprise, a proposal to terminate, in accordance with the legislation of the Russian Federation, the employment contract with the head of the enterprise;

(clause 5.16 as amended by Decree of the Government of the Russian Federation dated July 15, 2010 N 531)

5.17. carries out in accordance with the established procedure in relation to federal state unitary enterprises:

5.17.1. approval, taking into account proposals from the federal executive body, which has jurisdiction over the federal state unitary enterprise, of transactions with real estate assigned to the enterprise under the right of economic management;

(clause 5.17.1 as amended by Decree of the Government of the Russian Federation dated July 15, 2010 N 531)

5.17.2. approval of a decision on the participation of an enterprise in commercial and non-profit organizations, as well as on the conclusion of a simple partnership agreement;

5.17.3. coordination of the disposal of contributions (shares) in the authorized (share) capital of business companies or partnerships, as well as shares owned by the enterprise;

5.17.4. approval of the auditor and determination of the amount of payment for his services;

5.18. appoints heads of federal state unitary enterprises and federal state institutions subordinate to the Agency, concludes, changes and terminates employment contracts with them in the prescribed manner, approves the charters of these enterprises and institutions (with the exception of federal government enterprises) and their activity programs;

5.19. makes decisions on the reorganization of federal state unitary enterprises in the form of mergers and acquisitions, as well as on their liquidation;

5.20. approves, in agreement with the federal executive body in charge of federal state unitary enterprises, during reorganization and liquidation, the transfer act or separation balance sheet, as well as the liquidation balance sheet of the enterprise;

(clause 5.20 as amended by Decree of the Government of the Russian Federation dated July 15, 2010 N 531)

5.21. assigns federally owned property to the economic management and operational management of federal state unitary enterprises and carries out the lawful seizure of this property in the prescribed manner;

5.22. assigns federally owned property to the operational management of federal state institutions, carries out, in accordance with the established procedure, the withdrawal of excess, unused or misused property assigned to the operational management of these institutions;

5.23. makes a decision on the sale of released military real estate (with the exception of property not subject to privatization, property of the Armed Forces of the Russian Federation and organizations subordinate to the Ministry of Defense of the Russian Federation);

(as amended by Decree of the Government of the Russian Federation dated December 29, 2008 N 1053)

5.24. adopts, in the manner determined by the Government of the Russian Federation, decisions on the conditions for privatization of federal property and submits proposals to the Ministry of Economic Development of the Russian Federation for adoption by the Government of the Russian Federation of relevant decisions;

5.25. ensures the publication of decisions on the conditions for privatization of federal property and publishes an official newsletter;

5.26. acts on behalf of the Russian Federation as a founder (participant) of open joint-stock companies and limited liability companies created through the privatization of federal state unitary enterprises, and also, in accordance with the legislation of the Russian Federation, acts as a founder of other legal entities created with the participation of the state;

(as amended by Decree of the Government of the Russian Federation dated January 27, 2012 N 34)

5.27. carries out measures to prepare federal state unitary enterprises and other objects for privatization, including approving the auditor and determining the amount of payment for his services;

5.28. exercises on behalf of the Russian Federation in accordance with the legislation of the Russian Federation the rights of a shareholder (participant, member) of organizations whose shares (shares) in the authorized (share) capital or shares in the property of which are in federal ownership;

5.29. gives, in accordance with the established procedure and in cases provided for by the legislation of the Russian Federation, written directives to state representatives in the management bodies of joint-stock companies, the shares of which are in federal ownership and (or) in respect of which a special right (“golden share”) is used, for voting at general meetings of participants of limited liability companies;

(clause 5.29 as amended by Decree of the Government of the Russian Federation dated January 27, 2012 N 34)

5.30. develops in accordance with the established procedure and approves the terms of the competition for the sale of privatized federal property;

5.31. ensures receipts to the federal budget of dividends on federally owned shares of joint stock companies (income from shares in the authorized capital of other business companies), income from the use of other federal property (with the exception of part of the profit of federal state unitary enterprises subordinate to other federal executive bodies), as well as funds received as a result of the sale of confiscated, movable, ownerless, seized and other property converted into state ownership in accordance with the legislation of the Russian Federation;

5.32. ensures the receipt of funds into the federal budget from the privatization of federal property, the sale of land plots in federal ownership, the sale of the right to conclude a lease agreement for a land plot at auctions (auctions, competitions);

5.33. ensures the transfer in the prescribed manner of funds received as a result of the sale of property seized in pursuance of court decisions or acts of bodies that are granted the right to make decisions on foreclosure on property, items that are material evidence, the storage of which until the end of a criminal case or in a criminal case difficult, seized items that were instruments of committing or subjects of an administrative offense, subject to rapid deterioration;

5.34. organizes and ensures the activities of representatives of the Russian Federation in the management bodies and audit commissions of joint-stock companies whose shares are in federal ownership, and also exercises control over their activities;

5.35. accepts, in accordance with the established procedure, property converted into the ownership of the Russian Federation, as well as escheated property, which, in accordance with the legislation of the Russian Federation, passes by inheritance into the ownership of the Russian Federation;

5.35(1). makes, in accordance with the established procedure, decisions on the provision of land plots that are in federal ownership, unless otherwise established by federal laws, acts of the President of the Russian Federation and the Government of the Russian Federation;

(clause 5.35(1) introduced by Decree of the Government of the Russian Federation dated March 29, 2011 N 223, as amended by Decree of the Government of the Russian Federation dated February 22, 2012 N 153)

5.35(2). makes decisions on the termination of rights to land plots that are in federal ownership in accordance with the legislation of the Russian Federation, unless otherwise established by federal laws, acts of the President of the Russian Federation and the Government of the Russian Federation;

(clause 5.35(2) introduced by Decree of the Government of the Russian Federation dated March 29, 2011 N 223, as amended by Decree of the Government of the Russian Federation dated February 22, 2012 N 153)

5.35(3). makes, in accordance with the established procedure, decisions on the formation of land plots from land plots that are in federal ownership, unless otherwise established by federal laws, acts of the President of the Russian Federation and the Government of the Russian Federation;

(clause 5.35(3) introduced by Decree of the Government of the Russian Federation dated March 29, 2011 N 223, as amended by Decree of the Government of the Russian Federation dated February 22, 2012 N 153)

5.36. when selling federally owned land plots or the right to conclude lease agreements for such land plots:

5.36.1. makes a decision to conduct bidding in the form of an auction or sends, in accordance with the established procedure, to the Ministry of Economic Development of the Russian Federation for submission to the Government of the Russian Federation of a proposal to conduct bidding in the form of a competition and on the conditions of the competition;

5.36.2. determines, on the basis of a report of an independent appraiser drawn up in accordance with the legislation of the Russian Federation on valuation activities, the initial price of a land plot or the initial amount of rent, the amount of their increase (“auction step”) during an auction open according to the form for submitting proposals for price or amount rent, as well as the amount of the deposit;

5.36.3. determines the essential terms of contracts for the sale and purchase of land plots concluded based on the results of the auction;

5.36.4. acts as an organizer of auctions for the sale of federally owned land plots or the right to conclude lease agreements for such land plots, and also carries out the sale of land plots without holding auctions in the manner and in cases established by the legislation of the Russian Federation;

5.36.5. concludes contracts for the lease and purchase and sale of land plots based on the results of auctions;

5.37. carries out legal actions on behalf of the Russian Federation to protect property and other rights and legitimate interests of the Russian Federation in the management of federal property and its privatization on the territory of the Russian Federation and abroad, including in the case of:

5.37.1. provision of land plots to a government body of the Russian Federation (its territorial body), a state unitary enterprise, as well as a state institution, other non-profit organization created by government bodies of the Russian Federation;

5.37.2. provision to the government body of the Russian Federation (its territorial body), legal entity and individual of land plots on which real estate objects are located that are in federal ownership or were in federal ownership before alienation;

5.37.3. termination of the rights of these bodies, legal entities and individuals to land plots;

5.37.4. provision of ownership or lease of land plots, the proceeds from the sale or lease of which go to the federal budget;

5.38. makes, in accordance with the established procedure, a decision on preliminary approval of the location of the facility when providing a land plot, unless otherwise established by federal laws, acts of the President of the Russian Federation and the Government of the Russian Federation;

(as amended by Resolutions of the Government of the Russian Federation dated March 29, 2011 N 223, dated February 22, 2012 N 153)

5.39. makes a decision on the privatization of land plots on which real estate objects acquired by legal entities and individuals are located, in the case of the acquisition of real estate objects that are in federal ownership;

5.40. acts on behalf of the Russian Federation during the state registration of the Russian Federation's ownership of real estate, constituting the state treasury of the Russian Federation, and transactions with it, as well as the Russian Federation's ownership of land, which is recognized (arises) in accordance with federal laws;

5.41. carries out, in accordance with the legislation of the Russian Federation, work on the acquisition, storage, recording and use of archival documents generated in the course of the Agency’s activities;

5.42. interacts in the prescribed manner with government authorities of foreign states and international organizations in the established field of activity;

5.43. carries out, within its competence, the reception of citizens, ensures timely and complete consideration of their applications submitted orally or in writing, making decisions on them and sending responses to applicants within the period established by the legislation of the Russian Federation;

5.44. ensures, within its competence, the protection of information constituting state secrets;

5.45. ensures mobilization preparation of the Agency, as well as control and coordination of mobilization preparation activities of subordinate organizations;

5.45(1). organizes and conducts civil defense in the Agency;

(clause 5.45(1) introduced by Decree of the Government of the Russian Federation dated June 15, 2010 N 438)

5.46. organizes additional professional education for Agency employees;

(clause 5.46 as amended by Decree of the Government of the Russian Federation dated November 2, 2013 N 988)

5.47. carries out the functions of the main manager of federal budget funds allocated for the maintenance of the Agency, its territorial bodies and subordinate institutions, and financial support for the functions assigned to the Agency;

5.48. organizes congresses, conferences, seminars, exhibitions and other events in the established field of activity;

5.49. exercises control over the activities of the Agency’s territorial bodies and subordinate organizations;

5.50. carries out an analysis of the effectiveness of the activities of federal state unitary enterprises;

5.51. carries out other functions for managing state property if such functions are provided for by federal laws, acts of the President of the Russian Federation and the Government of the Russian Federation.

6. The Federal Agency for State Property Management, in order to exercise powers in the established field of activity, has the right:

6.1. provide legal entities and individuals with clarifications on issues within the scope of the Agency’s activities;

6.2. involve scientific and other organizations, scientists and specialists to study issues in the established field of activity;

6.3. create advisory and expert bodies (councils, commissions, groups, collegiums) in the established field of activity;

6.4. request and receive, in the prescribed manner, information necessary for making decisions on issues within the competence of the Agency, including on issues of privatization, management and disposal of federal property;

6.5. convene meetings on issues within the competence of the Agency, with the involvement of managers and specialists of interested federal executive authorities and organizations;

6.6. attract legal entities on a competitive basis for the sale of privatized federal property, as well as individuals and legal entities - for the sale in the prescribed manner of other property provided for by these Regulations;

6.7. organize and conduct, in the prescribed manner, inspections of the effective use and safety of federal property assigned to federal state unitary enterprises, federal government enterprises and federal government institutions;

6.8. create, reorganize and liquidate territorial bodies of the Agency in accordance with the established procedure;

6.9. cancel decisions of the Agency’s territorial bodies that they made in violation of the legislation of the Russian Federation;

6.10. apply to the courts with claims and to law enforcement agencies with statements on behalf of the Russian Federation in defense of property and other rights and legitimate interests of the Russian Federation on issues of privatization, management and disposal of federal property, as well as recognition of movable property as ownerless.

7. The Federal Agency for State Property Management does not have the right to carry out legal regulation in the established field of activity and functions of control and supervision, except in cases established by decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation.

These restrictions do not apply to the powers of the head of the Agency to resolve personnel issues and issues of organizing the activities of the Agency, as well as to control activities in the Agency headed by him (its structural divisions and territorial bodies).

Defense production

Defense production facilities include:

Enterprises that produce weapons, explosives and toxic substances, radiation materials, rockets, space flight devices, equipment for the military; enterprises that service, launch and support spacecraft carry out research and development work in these areas.
Premises of reserve points for the management of all government bodies and communication facilities, as well as infrastructure, which are intended for use at special times.

Objects for work and development of the national economy

Objects that ensure the work and development of the national economy:

Enterprises related to the mining industry.
Fuel and energy complex.
Electrical energy.
Railway, air, water, pipeline transport, gasification.
Public roads and organizations that maintain them.
Television, radio enterprises, communications.
Breeding and equestrian state farms and factories, breeding centers, state inspections, laboratories for testing agricultural crops, fish production farms, serpentariums.

Subjects and objects

The entity that owns, uses and disposes of property is its owner. In relation to federal property in the Russian Federation, this is directly the state. The fact that the property belongs to the country is confirmed by the state register.

State property never belongs to private individuals. These are the state budget, communications, transport systems, financial organizations, etc. But certain federal property objects can be transferred to municipalities and regions. Some of them control budgetary organizations, while others belong to the state treasury.

What lands are federal property?

Let's look at them. State federal property includes the following plots of land:

In accordance with paragraph 5 of Art. 1 of the Law “On Protected Natural Areas” No. 33-FZ.
According to paragraph 10 of Art. 1 of the Law “On the Circulation of Medicines” No. 61-FZ and the Law “On the National Guard” No. 226-FZ, territories with military facilities and areas that are allocated for the needs of the army and the National Guard.
Lands belonging to the forest fund, according to the LC RF.
Territories of organizations and enterprises that belong to the state.
Closed cities.

In addition, there is a federal reserve land fund.

Federal Law of December 3, 2008 No. 244-FZ

RUSSIAN FEDERATION

THE FEDERAL LAW

On the transfer of land plots located within the boundaries of resorts of federal significance into the ownership of constituent entities of the Russian Federation or municipal property, on the classification of these land plots as federal property, property of constituent entities of the Russian Federation or municipal property and on amending the Federal Law “On Specially Protected Natural Areas” »

Adopted by the State Duma on November 21, 2008
Approved by the Federation Council on November 26, 2008

(As amended by federal laws dated June 23, 2014 No. 171-FZ; dated May 23, 2016 No. 149-FZ)

Article 1

1. Land plots that are located within the boundaries of resorts of federal significance, the right of federal ownership to which is registered in the Unified State Register of Rights to Real Estate and Transactions with It before the day of entry into force of this Federal Law, on the grounds provided for in parts 2 - 4 of this article.

2. The land plots that are specified in Part 1 of this article and which:

1) are occupied by buildings, structures, structures owned by constituent entities of the Russian Federation;

2) provided to government bodies of the constituent entities of the Russian Federation or to state-owned enterprises, state unitary enterprises or non-profit organizations created by them;

3) are provided for by federal laws.

3. The land plots specified in Part 1 of this article and which:

1) are occupied by buildings, structures, structures owned by the relevant municipalities;

2) provided to local government bodies of the relevant municipalities or state-owned enterprises created by them, municipal unitary enterprises or non-profit organizations;

3) are provided for by federal laws and laws of constituent entities of the Russian Federation adopted in accordance with them.

4. From federal ownership to the ownership of municipal districts or city districts, along with the land plots that are specified in part 3 of this article, other land plots that are located within the boundaries of federal resorts and the federal ownership right to which is registered in the Unified State Register of Rights to real estate and transactions with it before the entry into force of this Federal Law, with the exception of land plots that are subject to transfer into the ownership of constituent entities of the Russian Federation or into the ownership of settlements on the grounds provided for in parts 2 and 3 of this article, and land plots, federal ownership rights which are registered in the Unified State Register of Rights to Real Estate and Transactions with It before the entry into force of this Federal Law on the following grounds:

1) they contain buildings, structures, structures that are in federal ownership;

2) they are provided to federal government bodies, their territorial bodies or state-owned enterprises created by them, state unitary enterprises or non-profit organizations;

3) they are under the right of permanent (indefinite) use, the right of lease or the right of free use from state academies of sciences and government institutions included in the structure of the Russian Academy of Sciences; (As amended by federal laws dated June 23, 2014 No. 171-FZ; dated May 23, 2016 No. 149-FZ)

4) they are provided for by federal laws.

5. The transfer of land plots specified in parts 1 - 4 of this article from federal ownership to the ownership of constituent entities of the Russian Federation or to the ownership of settlements, municipal districts or urban districts is carried out in the manner established by federal law, taking into account the specifics provided for in part 6 of this article.

6. The federal executive body exercising the powers of the owner of the property is obliged to make a decision on the transfer from federal ownership to the ownership of a constituent entity of the Russian Federation or to municipal ownership of the land plots specified in parts 1 - 4 of this article, within two months from the date of receipt of the corresponding proposal from the body state power of a constituent entity of the Russian Federation or local government body.

7. Land plots that are located within the boundaries of resorts of federal significance and the right of federal ownership for which was not registered in the Unified State Register of Rights to Real Estate and Transactions with It before the entry into force of this Federal Law, belong to federal property, the property of subjects of the Russian Federation Federation or property of settlements, municipal districts or urban districts on the grounds provided for in parts 8 - 11 of this article.

8. Federal property includes land plots that are specified in part 7 of this article and which:

1) are occupied by buildings, structures, structures that are in federal ownership;

2) provided to federal government bodies, their territorial bodies or state-owned enterprises created by them, state unitary enterprises or non-profit organizations;

3) are under the right of permanent (perpetual) use, the right of lease or the right of free use from state academies of sciences and government institutions included in the structure of the Russian Academy of Sciences; (As amended by federal laws dated June 23, 2014 No. 171-FZ; dated May 23, 2016 No. 149-FZ)

4) are provided for by federal laws.

9. The property of the subjects of the Russian Federation includes land plots that are specified in part 7 of this article and which:

1) are occupied by buildings, structures, structures owned by constituent entities of the Russian Federation;

2) provided to government bodies of the constituent entities of the Russian Federation or to state-owned enterprises, state unitary enterprises or non-profit organizations created by them;

3) are provided for by federal laws.

10. The property of settlements, municipal districts or urban districts includes land plots that are specified in part 7 of this article and which:

1) are occupied by buildings, structures, structures owned by the relevant municipalities;

2) provided to local government bodies of the relevant municipalities or state-owned enterprises created by them, municipal unitary enterprises or non-profit organizations;

3) are provided for by federal laws and laws of constituent entities of the Russian Federation adopted in accordance with them.

11. The property of municipal districts or city districts, along with the land plots that are specified in part 10 of this article and are located within the boundaries of resorts of federal significance, includes other land plots, the federal ownership right to which has not been registered in the Unified State Register of Rights to Real Estate and transactions with it before the entry into force of this Federal Law, with the exception of land plots that are federal property, property of constituent entities of the Russian Federation or property of settlements on the grounds provided for in parts 8 - 10 of this article.

12. The provisions of this article do not apply to land plots that are located simultaneously within the boundaries of resorts of federal significance and other specially protected natural areas of federal significance.

Article 2

Insert into paragraph two of paragraph 6 of Article 2 of the Federal Law of March 14, 1995 No. 33-FZ “On Specially Protected Natural Territories” (Collected Legislation of the Russian Federation, 1995, No. 12, Art. 1024; 2005, No. 1, Art. 25; 2006, No. 50, Article 5279; 2007, No. 21, Article 2455) amendment, adding the words “except for land plots that are located within the boundaries of resorts of federal significance and, in accordance with federal law, are subject to transfer into the ownership of constituent entities of the Russian Federation or municipal property or classified as the property of constituent entities of the Russian Federation or municipal property.”

President of the Russian Federation D. Medvedev

Moscow Kremlin

December 3, 2008

No. 244-FZ

Demarcation

This procedure is the transfer of an allotment that previously belonged to part of an undelimited territory in the federal ownership of the Russian Federation. In the same way, lands that previously belonged to the regions are transferred.

The concept of demarcation arose in 2001. The adopted procedure was in effect until 2006, after which it was canceled due to the complexity of the process. From July 2006 to the present, delimitation is carried out on the basis of the Land Code.

Regional, municipal and federal property is determined in accordance with three main criteria, in particular:

If there is a building on the site that belongs to one of the entities, it is this entity that has priority during the delimitation procedure.
The land used by the organization can be transferred to the entity on whose territory it is located.
If the law says so.

There is the following algorithm of actions, according to which the division of lands and their transfer to federal ownership is carried out:

First, a law is developed in accordance with which this process is carried out.
Cadastral services are working.
The previously defined boundaries of the site are fixed. Then an individual number is set.
An act is adopted according to which the corresponding site is recognized as federal property of the Russian Federation.

In accordance with certain circumstances, federal land plots can become the property of both regions and municipalities.

x in accordance with Article 2611 of the Federal Law of October 6, 1999 No. 184-FZ “On the general principles of the organization of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation” and Article 50 of the Federal Law of October 6, 2003 No. 131-FZ “ On the general principles of organizing local self-government in the Russian Federation.”

Property owned by constituent entities of the Russian Federation, which may be in federal or municipal ownership, is subject to gratuitous transfer to federal or municipal ownership in the following cases:

if the said property is not allowed to be owned by constituent entities of the Russian Federation, including as a result of the division of powers between federal government bodies, government bodies of constituent entities of the Russian Federation and local government bodies;

if the specified property is used by federal state authorities, local governments, federal state and municipal unitary enterprises, federal state and municipal institutions for the purposes established in accordance with this Federal Law and Article 50 of the Federal Law of October 6, 2003 No. 131-FZ “On the general principles of organizing local self-government in the Russian Federation.”

Municipally owned property, which may be in federal ownership or the property of constituent entities of the Russian Federation, is subject to gratuitous transfer to federal ownership or the ownership of constituent entities of the Russian Federation in the event of:

if the location of the specified property in municipal ownership is not allowed, including as a result of the delimitation of powers between federal government bodies, government bodies of the constituent entities of the Russian Federation and local government bodies;

if the specified property is used by federal government bodies, government bodies of constituent entities of the Russian Federation, state unitary enterprises and government institutions created by the Russian Federation or constituent entities of the Russian Federation for the purposes established in accordance with this Federal Law and Article 2611 of the Federal Law of October 6 1999 No. 184-FZ “On the general principles of organizing legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation.”

Proposals for the transfer of property are sent by state authorities of a constituent entity of the Russian Federation or local government bodies:

the federal executive body exercising the powers of the property owner, in the event of transfer of property from federal property to the ownership of a constituent entity of the Russian Federation or municipal property and from the ownership of a constituent entity of the Russian Federation or municipal property to federal ownership;

authorized executive bodies of state power of the constituent entities of the Russian Federation, exercising the powers of the property owner, in the event of transfer of property from the ownership of the constituent entities of the Russian Federation to municipal ownership and from municipal property to the ownership of the constituent entities of the Russian Federation.

Transfer to federal ownership from the property of a constituent entity of the Russian Federation or municipal property and to the ownership of a constituent entity of the Russian Federation from municipal ownership of property not included in the specified proposals is not permitted.

Proposals for the transfer of property are considered by state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation within 90 days from the date of receipt of these proposals. (Paragraph introduced - Federal Law dated December 27, 2009 No. 365-FZ)

Decisions on the transfer of property from federal property to the ownership of subjects of the Russian Federation or municipal property and from the property of subjects of the Russian Federation and municipal property to federal property are made by the federal executive body exercising the powers of the owner of the property, unless otherwise established by the Government of the Russian Federation.

Decisions on the transfer of property from the property of the constituent entities of the Russian Federation to municipal ownership and from municipal property to the ownership of the constituent entities of the Russian Federation are made by the authorized executive bodies of state power of the constituent entities of the Russian Federation, exercising the powers of the owner of the property. The decisions specified in this part approve the lists of transferred state or municipal unitary enterprises, state or municipal institutions, the ownership of which is transferred to another owner of state or municipal property in accordance with Article 300 of the Civil Code of the Russian Federation, as well as other property.

The decisions specified in this part are the grounds for the emergence of ownership rights to property included in the approved lists. Liquidation of state and municipal unitary enterprises, state and municipal institutions as legal entities, as well as registration of the right of state or municipal ownership of their property complexes as real estate when transferring property is not required.

The list of documents required to make a decision on the transfer of property from federal property to the property of a subject of the Russian Federation or municipal property, from the property of a subject of the Russian Federation to federal property or municipal property, from municipal property to federal property or the property of a subject of the Russian Federation, is established by the Government of the Russian Federation .

The specifics of the transfer of federal highways from federal ownership to the ownership of constituent entities of the Russian Federation or municipal property, as well as the specifics of the transfer of regional or intermunicipal or local highways from the ownership of constituent entities of the Russian Federation or municipal ownership to federal ownership may be established by the Government of the Russian Federation. (Paragraph introduced - Federal Law dated July 22, 2008 No. 141-FZ)

State authorities and local government bodies carrying out the transfer of property are obliged to transfer, and state authorities and local government bodies carrying out the acceptance of property are obliged to accept the transferred property on the basis of the decisions specified in this part in accordance with the transfer act. The transfer act indicates the names and locations of the transferred state and municipal unitary enterprises and state and municipal institutions.

Signed by an authorized person of the government body carrying out the transfer of property, or an authorized person of the local government body carrying out the transfer of property, the transfer act is sent within three days after the adoption of the decisions specified in this part to the government body or local government body carrying out the acceptance of the property, by registered mail with description of the investment.

The transfer act must be signed by an authorized person of the government body carrying out the acceptance of the property, or an authorized person of the local government body carrying out the acceptance of the property, and submitted to the government body or local government body carrying out the transfer of property within three weeks.

The signed transfer act, within a week from the date of receipt by the state authority or local government body carrying out the transfer of property, is presented to the authorized state authorities and local government bodies for approval and amendments to the register of state property and the register of municipal property.

If the transfer act is not signed within the prescribed period and (or) is not submitted to the state authority or local government body carrying out the transfer of property, the transfer act is approved by the authorized body unilaterally.

The Russian Federation, a subject of the Russian Federation or a municipal entity into whose ownership the property is transferred bears the burden of its maintenance from the date the ownership right arises.

Rights to federally owned, owned by constituent entities of the Russian Federation or municipally owned real estate objects are registered simultaneously with the rights to the land plots on which these real estate objects are located, on the basis of the decisions specified in this part, signed transfer deeds and other documents provided for by the legislation of the Russian Federation .

The transfer of property assigned to state or municipal institutions or enterprises can be carried out exclusively with the consent of these institutions or enterprises. In this case, the transfer act from the transferring party is signed by an authorized person of the enterprise or endorsed by an authorized person of the institution.

The right of ownership of property transferred in the manner established by this Federal Law arises from the date established by the decisions specified in this part.

The provisions of this part do not apply to relations arising during the delimitation of state ownership of land in accordance with Federal Law of July 17, 2001 No. 101-FZ “On the delimitation of state ownership of land.”

To establish that the legal relations arising during the transfer of property in accordance with this part, the norms of the Civil Code of the Russian Federation and the Federal Law of July 21, 1997 No. 122-FZ “On state registration of rights to real estate and transactions with it”, including determining the moment of emergence of the right of ownership of property are applied to the extent that does not contradict the provisions of this article.

The procedure for transferring property from federal property to the ownership of subjects of the Russian Federation provided for by this part is applied when transferring property assigned to federal executive bodies, territorial bodies of federal executive bodies and organizations subordinate to them, to the ownership of subjects of the Russian Federation in connection with the transfer of powers exercised by reorganized entities. territorial bodies of federal executive authorities, state authorities of the constituent entities of the Russian Federation. (Paragraph introduced - Federal Law dated December 29, 2006 No. 258-FZ)

Granting the subjects of the Russian Federation and municipalities the right of ownership to objects of cultural heritage of federal significance, necessary to ensure the exercise by state authorities of the subjects of the Russian Federation and local governments of the powers established by federal laws, is carried out taking into account the provisions of Federal Law of June 25, 2002 No. 73-FZ “On objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation” in cases provided for by the specified Federal Law. (Paragraph introduced - Federal Law dated December 29, 2006 No. 258-FZ)

Granting the subjects of the Russian Federation the right of ownership to airports and (or) civil aviation aerodromes transferred from federal ownership is carried out taking into account the provisions of the Federal Law of January 8, 1998 No. 10-FZ “On State Regulation of Aviation Development” in cases provided for by the said Federal Law. (Paragraph introduced - Federal Law of October 18, 2007 No. 230-FZ)

The procedure for the gratuitous transfer into the ownership of a subject of the Russian Federation or municipal property of buildings, structures, residential premises, objects whose construction is not completed, land plots located within the boundaries of military camps, as well as within the boundaries of land plots used to support the activities of the Armed Forces of the Russian Federation, other troops, military formations and bodies, organizations, enterprises, institutions performing functions in the field of national defense and state security, if on these land plots there are objects (including objects whose construction is not completed) in which residential premises of the specified troops, military formations and bodies, organizations, enterprises, institutions is established by federal law. (Paragraph introduced - Federal Law dated December 8, 2011 No. 423-FZ; as amended by Federal Laws dated April 26, 2016 No. 108-FZ; dated August 3, 2018 No. 308-FZ)

(Part as amended by Federal Law dated December 31, 2005 No. 199-FZ)

111. To establish that in order to ensure compliance with the requirements of the Federal Law of October 6, 2003 No. 131-FZ “On the General Principles of the Organization of Local Self-Government in the Russian Federation,” gratuitous transfer in the process of delimitation of municipally owned property between municipalities is carried out as follows ok. (As amended by Federal Law No. 485-FZ dated December 29, 2014)

The division of property is carried out between:

newly formed urban, rural settlements and the municipal district within the boundaries of which they are formed;

a newly formed municipal district and urban and rural settlements located within its boundaries;

newly formed municipalities in case of division of the municipality;

a municipal district and a city district in the event that an urban settlement included within the boundaries of a municipal district is given the status of a city district or is deprived of its status as a city district;

municipalities in the event of a change in their boundaries, entailing the assignment of the territories of individual settlements of one municipality to the territory of another municipality;

municipalities created before the entry into force of Chapter 12 of the Federal Law of October 6, 2003 No. 131-FZ “On the general principles of organizing local self-government in the Russian Federation”; (Paragraph introduced - Federal Law dated December 25, 2008 No. 281-FZ)

municipal district and rural settlements within it in the event of a change in the list of issues of local importance of the rural settlement; (Paragraph introduced - Federal Law dated December 29, 2014 No. 485-FZ)

a city district with an intra-city division and intra-city districts in cases of a change in the status of a city district in connection with granting it the status of a city district with an intra-city division, changes in the list of issues of local importance of intra-city districts, delimitation of powers between local government bodies of a city district with intra-city division and local government bodies of intra-city districts to resolve issues of local importance in intra-city areas. (Paragraph introduced - Federal Law dated December 29, 2014 No. 485-FZ)

The division of municipally owned property between municipalities is carried out in accordance with the types of property established by Article 50 of the Federal Law of October 6, 2003 No. 131-FZ “On the general principles of organizing local self-government in the Russian Federation.” Before January 1, 2009, in the event of the adoption of a law of a constituent entity of the Russian Federation defining the procedure for resolving issues of local importance in newly formed settlements, the division of property in municipal ownership between the newly formed settlements and the municipal districts that include these settlements is carried out in accordance with types of property established in this Federal Law.

The division of property in municipal ownership between municipal districts, settlements, city districts, city districts with intra-city division, intra-city districts is carried out by legal acts of the constituent entities of the Russian Federation, adopted on the basis of agreed proposals from local governments of the relevant municipalities. (As amended by Federal Law No. 485-FZ dated December 29, 2014)

The procedure for agreeing on the list of property to be transferred, the procedure for sending agreed proposals by the local government bodies of the relevant municipalities to the state authorities of the constituent entities of the Russian Federation and the list of documents necessary for the adoption of a legal act of the constituent entity of the Russian Federation on the delimitation of property are established by the law of the constituent entity of the Russian Federation.

Disputes regarding the ownership of property, in respect of which, in connection with the delimitation of powers, the question of transfer from the ownership of one municipal entity to the ownership of another municipal entity is raised, are resolved by the court in the manner established by the legislation of the Russian Federation. The presence of a legal dispute regarding certain items of property is not a basis for suspending the transfer of other items of property.

The local government body that owns the property to be transferred is obliged to transfer it, and the local government body into whose ownership the said property is transferred is obliged to accept it on the basis of a legal act of a constituent entity of the Russian Federation within three months after the entry into force of this legal act. If the charter of at least one of the municipalities specified in this part is not approved within the specified period, the period is counted from the date of approval of the corresponding charter.

Lists of transferred property, including municipal unitary enterprises, municipal institutions that are subject to transfer, as well as other property, are approved by legal acts of the constituent entities of the Russian Federation.

Local self-government bodies, vested in the prescribed manner with the appropriate powers to transfer or accept property, within a prescribed period after the entry into force of a legal act of a constituent entity of the Russian Federation, transfer or accept property into municipal ownership, their authorized persons sign a transfer act on acceptance of the property into municipal ownership.

Changes to the constituent documents of the relevant municipal enterprises and institutions are made within two months.

The basis for the emergence of the property right of the municipal entity that has accepted the property is the legal act of the constituent entity of the Russian Federation, which makes the distinction between municipally owned property between municipal entities.

The right of ownership of property transferred in the manner established by this part arises from the moment established by the law of the subject of the Russian Federation.

A municipal entity whose property is transferred in accordance with this part bears subsidiary liability for the obligations of the institutions and state-owned enterprises transferred to it that arose before the transfer of ownership.

To establish that in relation to legal relations arising during the delimitation of municipal property in accordance with this part, the norms of Federal Law of July 21, 1997 No. 122-FZ “On state registration of rights to real estate and transactions with it”, which determine the moment of emergence of ownership of property , apply to the extent not inconsistent with the provisions of this article.

(Part introduced by Federal Law No. 199-FZ dated December 31, 2005; as amended by Federal Law No. 230-FZ dated October 18, 2007)

112. Establish that the transfer of property from ownership

The emergence of federal property

There are certain rules. They determine the process of the emergence of federal ownership of land. This occurs through the use of the following methods:

The state can initiate the process of confiscation of land that is owned by private owners. At the same time, Article 279 of the Civil Code of the Russian Federation provides for the right to withdraw the corresponding allotment in order to meet state needs through redemption.
Another method is nationalization, which is referred to in Art. 235 of the Civil Code of the Russian Federation. According to the provisions of this article, the conditions and procedure for the seizure of property are implemented through payment of compensation for the cost of the land plot, as well as other additional costs.

These two methods differ from each other, although in both cases financial losses are compensated.

General approach to understanding federal state property

Definition 1
Federal state property is a legal regime for the acquisition, implementation and termination of the owner’s powers to own, use and dispose of the property of the Russian Federation.

The functioning of the state is determined by the availability of various economic resources. One of the types of these resources can be considered property that is owned by the state. The process of managing such property, as well as its effectiveness, directly affects the implementation by the state of the functions assigned to it.

The effectiveness of public property management largely depends on a clear understanding of the content of this property and its relationship with ownership rights.

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Special literature and legislation often consider the concepts of “property” and “property” as identical terms. From the point of view of law, property is understood as a volitional relationship, a set of rights that are vested in the subject of law in relation to certain property. The term “property” is applied to objects of ownership. Thus, we can conclude that these concepts are not identical. However, the fallacy of such use of terms also extends to legal acts. In particular, we can give the following example: the Foreign Policy Concept of the Russian Federation establishes a priority task that implies ensuring the safety and optimal use of Russian property on the territory of other states. Moreover, in the context of this task we are not talking about law, but about individual objects of this law, which implies the need to use the term “property”.

Thus, property is considered to be a set of things that belongs by right of ownership to a specific subject, as well as a set of property obligations and rights arising from the right of ownership.

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The number of subjects vested with property rights includes the Russian Federation and its regions. The property that belongs by right of ownership to Russia or its regions is state property. That part of this property that belongs directly to the Russian Federation is called federal state property.

The basis for the isolation of federal state property is the principle of federalism, which implies the delimitation of the powers of the central government and the powers of the subjects. The allocation of various forms of state ownership in the system is considered as an element of the process of liberalization and democratization of Russian society in comparison with the previously existing rigid administrative-command system, focused only on the existence of a state form of ownership.

At the same time, the lack of a clear division between forms of state ownership often leads to a decrease in the efficiency of state property management. Legislative bodies of government are striving to streamline the process of managing state property, including federal property, but this process is in its infancy, which is due to the local approach to regulating issues of managing state property. Often, regulations regulate the issue of acquisition, operation and alienation of individual objects of state property, and not this process as a whole, regardless of the objects of property.

Seizure

This procedure is regulated by the Land Code. Redemption is one of the most popular legal instruments for such seizure. According to the law, the purchase of plots of land in order to meet state and municipal needs can only take place in exceptional cases. This principle protects the rights of citizens. The executive body issues a special order on this.

A decision can be made regarding federal property and the property of constituent entities of the Russian Federation by the relevant authorities. Local authorities do not have such powers. Therefore, for this they have to contact higher authorities. As legal practice shows, which is aimed at purchasing land for state needs, usually ownership is transferred to a third party.

Seizure procedure

The procedure and procedure for seizure, as well as transfer to federal ownership, are established by land legislation. According to Articles 279-281 of the Civil Code of the Russian Federation, this process consists of compliance with the following stages:

After a decision is made to seize land for municipal or state needs, government agencies send a written notification to the owner no later than one year before the repurchase is carried out.
At the same time, certain guarantees are provided to citizens, according to which the plot cannot be withdrawn without the corresponding will of the subject for any reason within a specified period.
Then a bidding procedure is carried out, in which government agencies and the owner of the land plot purchase the territory of interest.

If, in the opinion of the owner, such a seizure is illegal, he has the right to go to court to protect his interests.

Federal land

One of the main resources of federal importance is land. What lands are federal property? According to Art. 3.1 Federal Law No. 137 federal property includes the following plots:

lands located under residential and non-residential buildings that belong to the Russian Federation;
allotments of government bodies and their representative offices;
lands of state-owned and unitary enterprises;
lands owned by the Academy of Sciences and related institutions;
roads related to Rosavtorog;
forest and water resources;
nature reserves;
defense lands;
reserve lands;
closed cities.

Those lands that are under the jurisdiction of municipalities or federal subjects are not federal property.

Federally owned lands can be found on the Rosreestr website by cadastral number. It indicates who is the owner of a particular territory.

If the land plot does not yet have a number on the state cadastral map, then it has not yet been demarcated from state lands.

Land delimitation procedure

The concept of land delimitation arose in 2001; in 2021 it is carried out in accordance with the norms of the country’s Land Code. Art. 17 of the Land Code defines the grounds on which land can be in federal ownership. Land can either be acquired by government agencies or become federal property as a result of delimitation.

The order of differentiation is as follows:

A draft law on the delimitation of state land into federal land is being developed.
The cadastral work is initiated by the Resolution.
The boundaries of the site are determined and a cadastral number is assigned.
A law is adopted that determines whether the site belongs to federal property.

The law must specify the category of land of the newly created site, the intended purpose and the standards for its operation.

If the Government decides to acquire a plot of land as its own, it instructs the Ministry of Land Resources to draw up a diagram of the future plot. When the scheme is approved, it is sent to the cadastral service to carry out geodetic work on the area. The boundary plan for the future site is sent back to the ministry, where it must be approved.

Transfer of land into municipal ownership

Federal lands can also be transferred to local authorities or municipalities. Such transfer is possible in a number of cases:

if there are municipal property buildings on the site;
as part of the implementation of local or regional programs;
when implementing a construction or development plan for the territory.

To obtain ownership of a plot of land, municipal authorities submit an application to federal authorities and wait for their decision. An application sent to the federal authorities to transfer land into municipal ownership is considered within 30 days.

If a positive decision is made, cadastral work is first carried out to determine the boundaries of the site. Municipal land ownership is registered with the Federal Property Management Agency.

Federal property can arise through nationalization or confiscation of land plots owned by private owners.

Land seizure

The purchase of federal land into ownership is regulated by the norms of the Land Code . The purchase of land to meet state or municipal needs is possible only in exceptional cases. Land is confiscated on the basis of a special order of the executive authority, thereby protecting the rights of citizens.

The decision to buy out can be made in relation to federal property and regional property by the relevant authorities. Local authorities do not have such powers. To do this, they have to contact higher authorities.

According to Articles 279-281 of the Civil Code of the Russian Federation, land purchase is carried out in accordance with the following stages:

After the decision to acquire land for municipal or state needs is made, government agencies send a written notification to the owner of the land within 1 year before the acquisition.
Bidding is held in which the territory of interest is purchased.

If the land owner considers this seizure illegal, he will have the right to go to court to protect his interests.

The grounds for seizure of land are specified in Art. 49 RF Land Code:

The state needs land to solve problems in fulfilling its obligations.
To locate government facilities in the complete absence of another such alternative territory.

Lands located in specially protected zones cannot be transferred into federal ownership. This protects the interests of protecting protected areas, forests and agricultural areas.

Agricultural lands that were not exploited for their intended purpose, lands during the use of which the owner was found to have violated the terms of the ownership agreement, while meeting the needs of civil defense, can also be confiscated into federal ownership.

The process of taking land by the government during emergencies is called requisition . Such seizure is temporary and aims to protect the lives of citizens. On a permanent basis, lands can be confiscated from citizens when they commit criminal offenses and administrative offenses.

Federal property represents property, resources and facilities that belong directly to the Russian Federation . The presence of such property is necessary for the normal functioning and development of the country.

Federally owned lands can be transferred into the ownership of municipalities or regions, or received by the state from private individuals through redemption.

Reasons for withdrawal

The corresponding grounds for seizure are provided in Art. 49 of the Land Code, which provides an exhaustive list. It includes:

Transfer of land for state needs, if the state is thereby able to solve problems in fulfilling its obligations.
The transfer of land into state ownership from private is carried out when it is necessary to locate a state facility and other options are unsuitable for construction.
After the occurrence of circumstances provided for in federal law, the territory can be purchased.

At the same time, there are cases in which there is no right to transfer lands into federal ownership. These include the following:

The lands are located on the territory of the protected area, in accordance with Art. 93 Land Code.
Forest lands belonging to the first group, according to Art. 101 Land Code.

These restrictions ensure that the interests of protecting protected areas, forests and agricultural areas are respected.