Official website Public Chamber of the Ulyanovsk Region

In accordance with domestic legislation, land and its resources are the main property of the people. It also has a special social value as real estate. To control the fair distribution and intended use of land, state land supervision is carried out.

The concept of supervision. State land supervision refers to the activities of state-authorized bodies aimed at preventing, identifying and suppressing violations of the requirements of the land legislation of the Russian Federation. It does not matter who commits such offenses: state or municipal bodies, legal entities or individuals. Land control is an important management function. It applies to legal provisions for violation of which administrative and other penalties are provided. Its main tasks include:

• organizing and conducting inspections;
• taking measures provided for by law to monitor the implementation of land regulations;
• analysis of the current situation;
• forecasting their implementation in the future.

Land supervision and control over land use are also aimed at taking measures to suppress and eliminate the negative consequences that arose as a result of the offense.

Types of land control

Land control is classified according to two criteria. Based on the focus of supervisory activities, the following are distinguished:

• external monitoring (supra-departmental type);
• internal (a type of internal departmental control).

Based on the subject, supervision is divided into groups:

• state level;
• municipal type;
• production variety;
• public control system.

At the state level, supervision is implemented through the detection of violations of federal legislation, the prevention of illegal actions and ensuring that users of allotments from among entrepreneurs comply with land protection standards.

FOR REFERENCE! General state supervision is carried out by the Government and the President; the executive branch is responsible for conducting a special type of state supervision.

Features of the state type of supervision:

• monitoring applies to all categories of land plots;
• the activities of any business entities are analyzed without taking into account their form of ownership;
• supervisory authorities are provided with a wide range of administrative enforcement tools in the form of fines, warnings, orders, and protocols.

NOTE! To protect their rights, entrepreneurs can use the provisions of Law No. 134-FZ of August 8, 2001, which guarantees protection from arbitrariness of officials representing supervisory authorities. The municipal form of supervision is implemented through the efforts of local governments

The objectives of this type of control are:

The municipal form of supervision is implemented through the efforts of local governments. The objectives of this type of control are:

• preventive work with land users;
• detection of facts of illegal activity in relation to legal norms;
• elimination of offenses within the municipality;
• organizing a system for monitoring the compliance of allotment users with legal standards;
• establishing an effective monitoring scheme.

Features of municipal level control:

• controlling persons cannot combine their functions with the powers of state-level supervisory authorities;
• monitoring concerns only issues of legality of land use, without affecting the problem of protecting land territories.

The public type of control is implemented by citizens of the state and their voluntary associations. Monitoring is aimed at ensuring the legality and objectivity of decisions of authorities at various levels that affect the rules for the exploitation of land plots and may violate the rights of individuals or legal entities. An additional block of public control functions is associated with the need for comprehensive monitoring of compliance with land exploitation standards and their environmental protection.

The following may act as controllers:

• territorial structures of public self-government;
• individual citizens of the Russian Federation;
• community associations.

Industrial supervision is implemented through specialized bodies of enterprises or individual entrepreneurs. The list of their tasks includes checking compliance with legal norms in the business process. This type of monitoring is the most efficient form of control over the rules for using land plots and compliance with environmental standards.

Drawing up an inspection report for municipal land control

The result of land control at the municipal level is a corresponding act, which contains data on the guilt or innocence of persons, as well as bringing them to administrative responsibility.

Municipal land control implies the mandatory drawing up of an act, which must contain the following data:

• date, place of execution and registration number of the inspection report;
• municipal order registration number;
• initials of the person who draws up the document;
• information about witnesses and other persons who were present during the inspection of the place;
• information about the land plot;
• information about the person who uses the controlled area, as well as his explanations;
• signatures of all participants in the verification process.

As additional evidence, photographic tables, measurements of the area of ​​the territory and any evidence that confirms or refutes the presence of offenses are attached to the act.

Author of the article

Land monitoring

Making adequate and effective management decisions on compliance with land legislation depends on the availability of accurate scientifically based data on the qualitative condition of lands and the changes occurring in them. The source of such data is land monitoring. Monitoring is predominantly technical and information-analytical work related to the use of technical means of monitoring the state of land, taking soil samples and conducting soil-geobotanical surveys, analyzes and measurements of the chemical and biological composition of soils, their physical condition. This is simultaneously a measure of preventive, current and subsequent control. Its data is used to make decisions about the possible location of a particular object, determine permitted types of land use, and thereby serve to prevent such land use, which can lead to land deterioration. Constant soil surveys make it possible to monitor the process of land use and thereby fulfill the tasks of current control. Monitoring also records deviations from permitted behavior, thereby identifying offenses related to pollution, contamination and other types of land degradation, and monitoring data serves as evidence in bringing violators to justice.

In addition to the tasks of identifying changes in the state of land, assessment and forecasting, monitoring provides scientifically based information to government agencies and other interested parties, which is then used to maintain the state land cadastre, organize land use and conduct land management. Monitoring information also serves as a source of information for citizens about the state of the environment in terms of the state of the land (Article 67 of the Land Code).

The point of monitoring is to monitor the dynamics of processes occurring in soils in order to identify the causes and sources of negative changes, make scientifically based decisions to improve land legislation, make necessary adjustments to the legal regime of lands and land use procedures.

State monitoring can be federal, regional and local, depending on the purposes of observation and the observed territory.

At the federal level, the implementation of land monitoring is entrusted to the State Land Cadastre, Roshydromet and the Ministry of People's Republic of Russia with the participation of interested ministries and departments.

Land monitoring is an integral part of monitoring the state of the natural environment and is part of the Unified State System of Environmental Monitoring (USESM). In addition to land monitoring, the Unified State Environmental Monitoring System includes monitoring of the condition of other natural objects, carried out by various federal ministries and departments. The general management of the USSEM is carried out by the Ministry of Natural Resources of Russia.

Monitoring is carried out throughout the Russian Federation in relation to any land plots, regardless of the form of ownership, intended purpose and nature of use. This means that employees of the state monitoring service have the right to carry out the necessary measurements and surveys where and when it is provided, and owners and land users do not have the right to interfere with these actions.

The content of monitoring includes making observations in several areas. During the monitoring process, processes associated with changes in soil fertility (desertification, erosion development, loss of humus, waterlogging, salinization), overgrowing of agricultural lands with weeds and shrubs, land contamination with pesticides, heavy metals and other substances are studied. Monitoring is also carried out over the processes of formation of ravines, landslides and other natural phenomena, the condition of lands occupied by economic facilities, including burial sites of toxic industrial waste and radioactive materials.

The results obtained are accumulated in archives and databases of an automated information system, annually summarized and used to prepare the annual State (national) report on the state and use of land in the Russian Federation.

Land supervision (control) as a legal measure performs three main functions: preventive, aimed at preventing unlawful influence on land plots that has not yet begun; informational, aimed at collecting information about controlled objects; and punitive, aimed at bringing violators of land legislation to legal responsibility.

Classification of types of land supervision (control) can be made according to several criteria. According to the criterion of the entity exercising land supervision (control), it is necessary to distinguish state land supervision, municipal land control and public land control. It must be borne in mind that state land supervision can only be carried out by federal authorities. The Land Code of the Russian Federation does not provide for the possibility of conducting state land supervision by constituent entities of the Russian Federation.

According to the criterion of the direction of supervision (control), one should distinguish between external (supra-departmental) and internal (intra-departmental) land supervision (control). Land supervision (control) in relation to organizationally non-subordinate objects is manifested in the form of state land supervision, municipal and public land control.

State land supervision is a system of measures carried out by government bodies of the Russian Federation aimed at preventing, identifying and suppressing violations of federal laws and other regulatory legal acts, ensuring compliance by economic and other entities with requirements in the field of land use and protection.

State land supervision should be divided into general, which is carried out by bodies of general competence (the President of the Russian Federation, the Government of the Russian Federation, etc.), and special, carried out by specially authorized executive authorities, mainly the Federal Service for State Registration, Cadastre and Cartography. State land supervision as an element of the land management mechanism has a number of features. The first feature of the powers of state land supervision bodies is that their activities are of a supra-departmental nature, covering all categories of land, as well as the activities of any economic entities, regardless of their form of ownership.

The second feature of state land supervision lies in the content of administrative coercive measures applied by state inspectors to violators of land legislation. Such measures include measures of administrative liability (warning, fine), administrative suppression (for example, measures to suppress violations of sanitary legislation, issuing orders), etc. Lists of officials authorized to draw up protocols on administrative offenses have also been approved.

The legislation provides a number of guarantees for the interests of individual entrepreneurs and legal entities against arbitrariness on the part of control authorities by clarifying mutual rights, duties and responsibilities, as well as establishing legal control procedures. Such guarantees, in particular, are provided for by the Federal Law of December 26, 2008 No. 294-FZ “On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control.”

State land supervision over compliance with land legislation, requirements for the protection and use of land is carried out in the manner prescribed by Decree of the Government of the Russian Federation dated January 2, 2015 No. 1 “On approval of the Regulations on state land supervision.”

Thus, the Federal Service for State Registration, Cadastre and Cartography and its territorial bodies exercise state land supervision over compliance with the procedure that excludes the unauthorized occupation of land plots or their use without duly executed documents certifying the right to land; timely fulfillment of duties to bring lands into a condition suitable for use for their intended purpose, or for their reclamation, etc.

State inspectors for the use and protection of lands, when fulfilling their duties, have the right to: visit organizations and facilities in the manner established by the legislation of the Russian Federation, upon presentation of an official identification card, inspect land plots owned, possessed, used and leased, as well as plots occupied by military, defense and other special facilities (taking into account the established visiting regime); give binding instructions on compliance with the requirements of land legislation, as well as on the elimination of violations identified during inspections; draw up protocols on violations of land legislation and send them to the relevant officials for consideration of cases of administrative offenses in order to bring the perpetrators to justice, etc.

Municipal land control is an activity carried out by local governments in order to ensure land law and order by taking measures to prevent, detect and suppress violations of land legislation within the boundaries of municipalities, ensuring compliance by land owners with requirements in the field of use and protection of land.

When determining the object of municipal land control, two circumstances should be kept in mind. Firstly, when implementing it, local government bodies cannot assume the functions of specially authorized bodies of state land supervision. Secondly, if state land supervision (Article 71 of the Land Code of the Russian Federation) and public land control (Article 72.1 of the Land Code of the Russian Federation) are carried out over the use and protection of land, then municipal land control is carried out only over the use of land. This approach can be explained by the fact that control over land protection is a type of environmental control, which local governments have not carried out since January 1, 2006.

The procedure for conducting municipal land control is determined by the regulatory legal acts of the local government body. Legal owners of land plots, at the request of a specialist from the municipal land control department, are obliged to: ensure their presence or the presence of their representatives during municipal land control activities; submit documents on rights to land plots, on the establishment of easements or special regimes for land use, design, technological and other materials regulating the use and protection of land; provide assistance in organizing activities for municipal land control and providing the necessary conditions to specialists of the municipal land control department when carrying out these activities.

Public land control is the activity of citizens and their associations to verify compliance with the established procedure for the preparation and adoption by executive bodies of state power and local government of decisions affecting the rights and legitimate interests of citizens and legal entities, as well as compliance with the requirements for the use and protection of land.

Order of conduct

The procedure for implementing control is carried out through the following measures:

• regular inspections of land plots;
• visiting enterprises that have been allocated land plots;
• if violations of operating rules are detected during the next visit to the land plots of entrepreneurs, officials of regulatory authorities issue instructions to eliminate specific violations and ensure the protection of land, which are mandatory for all categories of entrepreneurs;
• in case of offenses, protocols are drawn up to transmit information about this fact for consideration by the commission, the result of these procedures will be the bringing of the perpetrators to a specific measure of responsibility;
• impose penalties.

Entrepreneurs found to have violated land legislation do not have the right to prevent representatives of supervisory authorities from conducting an inspection. When attempting to exert physical or psychological pressure on supervisory officials, additional forms of punishment may be applied to the perpetrators. Users of land plots are required to ensure their presence on the site during the inspection or delegate one of their employees to represent the interests of the company.

IMPORTANT! If you disagree with the actions or conclusions of officials of state control bodies, entrepreneurs can submit a written complaint to a higher authority or go to court

Control result

The results of control are documented in inspection reports. If violations are detected, instructions drawn up by the inspectors to eliminate the deficiencies are attached to the report. If there are previously issued protocols on administrative offenses against a particular entrepreneur, they are also attached to the act. When forming instructions in the text of the document, it is important to indicate the deadline for compliance with its norms.

Based on the results of inspections and analysis of current trends in offenses, supervisory authorities make forecasts regarding the implementation of legislation in the short and long term. Systematized inspection data is used to form the main block of the national report of government agencies on the use and current state of the country’s lands.

What are the functions of supervisory authorities in relation to individual entrepreneurs and legal entities

The functions of supervisory structures are:

• warning;
• informational;
• punitive.

Preventive actions are aimed at preventing crime, information activities are aimed at collecting and systematizing information about objects controlled by this body. Punitive measures regulate the identification of those responsible for offenses against the land fund, the determination of the form of punishment for them and the monitoring of the implementation of punishment.

Supervision takes several forms:

• in the form of scheduled and unscheduled inspections;
• continuous monitoring of compliance with legal acts;
• eliminating detected violations.

Monitoring is carried out through a survey of land fund objects and analysis of current legislative documents.

The functions of land control extend to the activities of entrepreneurs in:

1. Reclamation of land objects.
2. Land improvement.
3. Implementation of measures to protect soils from all types of erosion.
4. Use of Forest Fund lands to prevent illegal deforestation, change the purpose of land for arable land or for the construction of commercial buildings.
5. Compliance with operating standards for areas in the water protection zone.
6. Maintaining the level of fertility of agricultural lands.
7. Methods of influencing fertile soil layers to prevent unauthorized removal of fertile layers, land depletion and contamination with chemicals.

Rosreestr Office - as a state supervisory body

The Federal Service for State Registration, Cadastre and Cartography is an executive body with broad competence. Within the framework of the issue under consideration, the powers of Rosreestr in the field of land supervision include:

• control over the implementation of the ban on unauthorized occupation of land plots, the use of plots without title documents and permits allowing for economic activity;
• supervision of compliance with the procedure for assigning the right to use land;
• control over the intended use of land depending on its belonging to a particular category;
• control over compliance with the requirements for the presence and safety of boundary signs of plot boundaries;
• establishing a procedure for providing data on the condition of land;
• execution of regulations on land legislation;
• eliminating violations in this area.

Based on the results of the inspection, employees of Rosreestr authorities draw up an inspection report. If any violations are identified, it is accompanied by an order to eliminate these violations, indicating the time frame allotted for their elimination. An administrative violation protocol is drawn up against the guilty persons.

Functions of municipal land control and authorities implementing it

Municipal land control is carried out with the aim of obtaining the most reliable and complete information that can be effectively used by any government agencies in order to suppress various offenses in the land sector. Such control allows for optimal and rational use of all natural resources of the state territory, as well as making the process of accounting and control of land use as transparent and open as possible.

Key functions of municipal land control:

• compliance with all rules and laws regarding the use of public lands;
• exclusion of cases of unauthorized seizure of territories, as well as the use of sites without officially documented documentation in a legal manner;
• provision of reliable and complete data on the actual condition of the sites;
• compliance with the intended purpose of land;
• preventing cases of damage to agricultural land, which includes destruction, unauthorized removal and movement of fertile soil, the use of pesticides, harmful chemicals that pose a danger to the environment and human health;
• timeliness of reclamation after the development of mining operations, as well as construction, survey, on-farm and logging work;
• implementation of measures to improve the condition and protection of lands;
• placement and preservation of territory survey signs;
• compliance with all legislative requirements and elimination of all violations;
• compliance with the legality of the process of assignment of rights to use plots;
• timeliness and legality of compliance with obligations to make sites suitable for use for their intended purpose.

Municipal land control is carried out by local municipal self-government bodies and all subordinate bodies authorized by them.

Accordingly, municipal institutions are bodies of municipal entities that are elected by the local population or formed by a representative body and are endowed with full powers to resolve land issues on a municipal scale.

The implementation of municipal land control is within the competence of the following structures:

• representative body of the municipality;
• heads of municipalities;
• local administrations.

Features of public supervision

Land legislation contains the concept of public and industrial supervision. The second type of control represents the actions of the owner of the land plot, land user, owner or tenant in the course of their business activities. These persons independently exercise production control in the field of land use and protection.

We propose to dwell on the last type of supervision in more detail.

The essence and functions of public control

Public control is the activity of citizens and non-governmental non-profit associations, the purpose of which is to monitor the work of government bodies and local self-government in the field of land legal relations, affecting the interests of individuals and legal entities.

Such supervision performs the following functions:

• informational. Involves collecting data on real estate that is under the control of departments;
• warning. Prevents crime;
• punitive. Helps to identify offenses and bring perpetrators to justice.

Subjects of public supervision

According to the provisions of the law, public land control is carried out by citizens, public associations and other non-profit organizations.

The main condition for public supervision is the lack of government funding.

Features of the procedure

As practice shows, most often public control begins at the stage of drawing up plans for the distribution of a site, its zoning, determining the objects that will be located on it, and choosing the recipient of the plot.

In some cases, public activists can use broader powers, for example, to initiate an independent environmental assessment. To do this, you must submit a corresponding application to the municipality.

Surveillance results

If violations are detected, citizens and public associations contact the municipal body, which, based on the data received, is obliged to conduct an inspection.

If the violation of the provisions of the law is confirmed, the competent authority issues an order and an administrative protocol. The perpetrators are brought to justice.

What types of municipal control are local self-government bodies entitled to exercise from July 1?

From July 1, seven types of municipal control remained under the jurisdiction of local governments. Three species are excluded from the jurisdiction of local authorities. The legislator brought the provisions of sectoral federal laws on types of control into compliance with Federal Law No. 248-FZ of July 31, 2020 “On State Control (Supervision) and Municipal Control in the Russian Federation.” For each type, its name and subject of control are established. In addition, the rules according to which inspectors carry out random controls, on-site surveys and monitoring compliance with mandatory requirements (safety monitoring) have changed. Read about these changes in the article.

What types of control remain under the jurisdiction of local self-government bodies?

According to the new rules, seven types of municipal control fall under the jurisdiction of LSG bodies. All of them are not new for municipalities. See information about these types of control and their clarified names in the table below.

Types of control that are under the jurisdiction of local self-government bodies from July 1

Document: Changes to industry laws were introduced by Federal Law dated June 11, 2021 No. 170-FZ

The powers of municipal control bodies, enshrined in sectoral legislation, now correspond to issues of local importance established by Federal Law No. 131-FZ of October 6, 2003 “On the general principles of organizing self-government...”.

What types of control are excluded from the jurisdiction of local self-government bodies?

One of the problems of municipal control was a lack of understanding of its types carried out in different regions and municipalities. It reduced the effectiveness of control and blurred the responsibility of authorities. The prosecutor's office exerted unreasonable pressure on local authorities, forcing them to control areas that do not fall within their competence.

Example. Article 5 of the Federal Law of February 21, 1992 No. 2395-1 “On Subsoil” provides for control of local self-government bodies in the field of subsoil. These powers do not relate to issues of local importance enshrined in Law No. 131-FZ. But the prosecutor's office often insisted on the adoption of legal acts and the implementation of municipal control in this area. This required additional expenditures from the local budget.

This problem has now been resolved. According to the new rules, local self-government bodies should not exercise control over the use and protection of subsoil:

• in the extraction of common minerals;
• construction of underground structures not related to mining.

Two more types of control are excluded from the jurisdiction of local government bodies:

• for compliance with legislation in the field of retail sale of alcohol and alcohol-containing products;
• in the field of trading activities.

Document: Part 1 of Article 7 of the Federal Law of November 22, 1995 No. 171-FZ “On state regulation of the production and circulation of ethyl alcohol...” and part 1 of Article 16 of the Federal Law of December 28, 2009 No. 381-FZ “On the fundamentals of state regulation of trade” activities..."

What has changed in the regulation of control activities

A new procedure and deadlines for carrying out control activities and issuing inspection reports have come into effect. The changes affected sampling, monitoring compliance with mandatory requirements, and on-site inspections.

Sample control is now an instrumental survey. Submit your results no later than 15 working days after receiving the survey data. Then send the report to the controlled person with the survey results attached. Previously, the act had to be completed within 24 hours.

The duration of the on-site inspection should not exceed 10 working days. Previously, the period of interaction with one controlled person during the raid inspection could not exceed one working day.

When monitoring compliance with mandatory requirements, you can now use information from the Internet, as well as data from photo and video surveillance cameras. If during the observation facts or a threat of harm are revealed, the inspector has the right to make one of the decisions established by law:

• on carrying out an unscheduled control event;
• announcing a warning;
• on issuing an order to eliminate identified violations;
• enshrined in the federal law on the type of control, the law of the subject of the Russian Federation on the type of control.

During an on-site inspection at publicly accessible production facilities, it is possible to conduct an inspection, sampling or sampling, instrumental examination using video recording, testing, and examination. This was not previously established.

Violations of land legislation requirements

In this section of the article we will consider some types of violations of the requirements of land legislation, for which administrative liability is provided.

Unauthorized occupation of a land plot or use of a land plot without duly executed land title documents, and, if necessary, without documents permitting economic activity. Unauthorized occupation of land means the use of someone else's land plot in the absence of the will of the owner of this plot (another person authorized by him), expressed in the prescribed manner. Unauthorized occupation of a land plot is expressed in active actions to place buildings on it, fencing, taking other measures to prevent access to it by legal owners (owners, tenants, other users) or controlling persons, or by sowing (planting) agricultural and other plants, etc. P. When using a land plot without duly executed title documents for the land, the guilty person has or had certain title documents or title documents that do not comply with the requirements of the legislation of the Russian Federation. By virtue of Art. 7.1 of the Code of Administrative Offenses of the Russian Federation, this violation entails the imposition of an administrative fine on officials in the amount of 1,000 to 2,000 rubles, and on legal entities from 10,000 to 20,000 rubles.

Use of a land plot not for its intended purpose in accordance with its belonging to a particular category of land and the permitted use or non-use of a land plot intended for agricultural production or housing or other construction for the specified purposes within the period established by federal law; failure to fulfill or untimely fulfillment of obligations to bring land into a condition suitable for use for its intended purpose. An offense is expressed in the commission of actions to use land plots not in accordance with their intended purpose or permitted use, or inaction - non-use of a land plot within the period specified by law.

Failure to comply with environmental and sanitary-epidemiological requirements when collecting, accumulating, using, neutralizing, transporting, disposing, etc. of production and consumption waste or other hazardous substances. Let us remind you that production and consumption waste refers to the remains of raw materials, materials, semi-finished products, other items or products that were formed during the production or consumption process, as well as goods (products) that have lost their consumer properties (Article 1 of the Federal Law of June 24, 1998 N 89-FZ “On production and consumption waste”). These violations, in particular, include:

• discharge of production and consumption waste into surface and underground water bodies, drainage areas, subsoil and soil;
• placement of hazardous waste in areas adjacent to urban and rural settlements, in forest parks, resorts, medical and recreational areas, on animal migration routes, near spawning grounds and in other places where a danger may be created for the environment and natural ecological systems and human health;
• burial of hazardous waste in catchment areas of underground water bodies used as sources of water supply, for balneological purposes, for the extraction of valuable mineral resources.

Damage to lands. Requirements for carrying out work related to soil disturbance and land reclamation are established by Order of the Russian Ministry of Natural Resources No. 525, Roskomzem No. 67 dated December 22, 1995 “On approval of the Basic Provisions on land reclamation, removal, preservation and rational use of fertile soil layer.” Unauthorized removal or movement of the fertile soil layer entails the imposition of an administrative fine on officials in the amount of 2,000 to 3,000 rubles, and on legal entities in the amount of 20,000 to 30,000 rubles. (Part 1 of Article 8.6 of the Code of Administrative Offenses of the Russian Federation).

A. Pavelin

Journal expert

“Audit and inspection

financial and economic

activities of government

(municipal) institutions”

Official website Public Chamber of the Ulyanovsk Region

June 1, 2020

The implementation of state land supervision by the Rosreestr Office for the Ulyanovsk Region (hereinafter referred to as the Office) on the basis of requests from citizens and organizations occupies a significant share of the total volume of execution of this state function.

As practice shows, citizens’ appeals and organizations regarding state land supervision on the substance of the issues raised are divided into three types:

1) questions about clarification of the procedure carried out by the Department of State Land Supervision, the requirements of land legislation;

2) issues related to the disagreement of controlled entities with the actions of state inspectors of the Department during control and supervisory activities;

3) questions about the need to carry out control and supervisory measures in relation to any citizens, individual entrepreneurs, organizations.

Accordingly, the third type of appeals relates to the direct initiation by the Department of control and supervisory measures in the field of state land supervision. This will be discussed further.

The general procedure for considering appeals from citizens and organizations is regulated by the provisions of the Federal Law dated May 2, 2006 No. 59-FZ “On the procedure for considering appeals from citizens of the Russian Federation” and the Federal Law dated December 26, 2008 No. 294-FZ “On the protection of the rights of legal entities and individual entrepreneurs in the implementation of state control (supervision) and municipal control.”

However, the consideration of appeals from citizens and organizations requiring control and supervisory measures is carried out by the Department taking into account specialized standards that establish certain requirements and conditions for carrying out control and supervisory measures.

First, you need to understand what is included in the subject of state land supervision carried out by the Office.

State land supervision on the territory of the Russian Federation is carried out by three bodies: Rosreestr, Rosselkhoznadzor and Rosprirodnazor. Each of these bodies has its own subject of supervision and duplication of functions and powers assigned to them is excluded by law.

The areas of responsibility of each of the state land supervision bodies are defined in the Regulations on State Land Supervision, approved by Decree of the Government of the Russian Federation dated January 2, 2015 No. 1.

In accordance with paragraph 3 of the Regulations on State Land Supervision, Rosreestr and its territorial bodies, including the Office, carry out state land supervision over compliance with:

— legal requirements to prevent unauthorized occupation of a land plot or part of a land plot, including the use of a land plot by a person who does not have the rights to the specified land plot provided for by the legislation of the Russian Federation;

— requirements for legal entities to re-register the right of permanent (perpetual) use of land plots to the right to lease land plots or acquire land plots in ownership;

— legislative requirements on the use of land plots for their intended purpose in accordance with their belonging to a particular category of land and (or) permitted use;

- legal requirements related to the mandatory use for a specified period of time of land plots intended for housing or other construction, gardening, truck farming, for the specified purposes;

— requirements of land legislation by state authorities and local governments when providing land plots that are in state and municipal ownership;

— legal requirements related to the obligation to bring lands into a state suitable for use for their intended purpose;

— legal requirements related to the implementation within a specified period of time of instructions issued by officials of the Federal Service for State Registration, Cadastre and Cartography and its territorial bodies within their competence, on issues of compliance with the requirements of land legislation and elimination of violations in the field of land relations.

Thus, taking into account the subject of Rosreestr’s supervision, requests from citizens and organizations for control and supervisory measures received by the Department should be conditioned, for example, by arguments about the unauthorized seizure of land, about their misuse, and, accordingly, about violation of property rights Russian Federation, Ulyanovsk region, municipalities, legal entities (organizations), citizens.

In accordance with subparagraph 3 of paragraph 6 of Article 71.1 of the Land Code of the Russian Federation, unscheduled inspections of compliance by state authorities, local government bodies, legal entities, individual entrepreneurs, citizens with respect to objects of land relations with the requirements of the legislation of the Russian Federation are carried out in cases where the state land supervision body receives applications and statements of violations of property rights of the Russian Federation, constituent entities of the Russian Federation, municipalities, legal entities, citizens.

At the same time, in accordance with the requirement of paragraph 45 of the Administrative Regulations for the implementation by the Federal Service of State Registration, Cadastre and Cartography of state land supervision, approved by Order of Rosreestr dated June 18, 2019 No. P/0240, appeals and statements that do not allow identifying the person who applied to Rosreestr (territorial body) , as well as appeals and statements that do not contain information about violations of property rights, cannot serve as the basis for an inspection.

First of all, when an appeal (application) is received by the Department, the official, if there are reasonable doubts about the authorship of the appeal or application, takes reasonable measures to identify the person who applied. If the appeal or application does not indicate the citizen's surname or postal address to which the response should be sent, a response to such appeals is not given. In addition, anonymous requests will not be considered.

As part of the consideration of appeals (applications) containing information about violations of the requirements of land legislation, an official of the Department conducts a preliminary check of the received information for its validity and relevance. A preliminary inspection includes the possibility of conducting an administrative examination, as well as a request from state authorities, local governments, legal entities, individual entrepreneurs, citizens for documents and information necessary for the inspection.

A peculiarity of an administrative survey is that this type of supervisory activities is carried out by state inspectors of the Department without interaction with the right holders of land relations objects and access of these officials to the surveyed objects of land relations.

An administrative survey can be carried out in relation to land plots owned by both citizens and legal entities and individual entrepreneurs. Approval from the prosecutor's office for an administrative survey organized in relation to a land plot of a legal entity or individual entrepreneur is not required.

An administrative survey is actually the collection and analysis of information, information from official information sources, the relevance of which is confirmed at the legislative and state level; a direct survey of a land plot on the ground is not carried out by state inspectors. The only action to study a land plot on the ground during an administrative survey is a remote visual inspection of the land plot from the outside of its borders, the installed fence, and the buildings erected on the site.

If, based on the results of an administrative survey, preliminary inspection, the arguments set out in the appeal (complaint) are confirmed, that is, certain signs are identified indicating the possible presence of violations of land and (or) administrative legislation, the events and elements of the administrative offense, supervision of carried out by the Department, depending on the circumstances of the case, a decision is made to conduct an unscheduled on-site inspection of compliance with the requirements of land legislation, to include the object of land relations in the annual plan of inspections for the coming year, or a decision to initiate a case of an administrative offense.

The adoption by the Department of a particular decision based on the results of a preliminary inspection or administrative survey is made dependent on the restrictions provided for by the current legislation that establish the specifics of the implementation of state land supervision in relation to citizens, legal entities and individual entrepreneurs. In particular, the provided legal grounds for organizing and conducting inspections in relation to legal entities and individual entrepreneurs, in some cases, exclude the possibility of initiating an unscheduled inspection.

In all designated cases, based on the results of consideration of applications from citizens, legal entities and individual entrepreneurs within the framework of state land supervision, an official of Rosreestr (territorial body) provides answers on the merits of the questions raised. If it is necessary to carry out control and supervisory measures, request information, consideration of applications in the prescribed manner may be extended for a period of no more than 30 calendar days.

When considering appeals and applications, the results of consideration of previously received similar appeals and applications, information, as well as the results of previously carried out control measures in relation to relevant individuals and organizations are taken into account.

If signs of violations are detected, the suppression of which is not within the competence of the Office, the relevant information is sent to the jurisdiction, which is reported to the applicant.

Information provided

Office of Rosreestr for the Ulyanovsk region

Fines for violations of land supervision

As a rule, for identified discrepancies with the requirements of current legislation, violators are brought to administrative responsibility in accordance with Art. 8.12 Code of Administrative Offenses of the Russian Federation. It imposes a fine, the amount of which is as follows:

1. For individuals – no more than 5 thousand rubles;
2. For responsible persons - no more than 50 thousand rubles;
3. For organizations – no more than 300 rubles.

In addition, legal entities can forcibly suspend work for identified violations in the field of land use for up to 3 months. If during the inspection it is established that due to non-compliance with land legislation, harm was caused to the life and health of citizens, their property, the perpetrators are brought to criminal liability.

State land supervision in the Russian Federation

16.03.2020 10:37

Kropotkin department

In accordance with domestic legislation, land and its resources are the main property of the people. It also has a special social value as real estate. To control the fair distribution and intended use of land, state land supervision is carried out.

The concept of supervision. State land supervision refers to the activities of state-authorized bodies aimed at preventing, identifying and suppressing violations of the requirements of the land legislation of the Russian Federation. It does not matter who commits such offenses: state or municipal bodies, legal entities or individuals. Land control is an important management function. It applies to legal provisions for violation of which administrative and other penalties are provided. Its main tasks include:

• organizing and conducting inspections;
• taking measures provided for by law to monitor the implementation of land regulations;
• analysis of the current situation;
• forecasting their implementation in the future.

Land supervision and control over land use are also aimed at taking measures to suppress and eliminate the negative consequences that arose as a result of the offense.

Management of Rosreestr and powers of its employees

The implementation of state land control by Rosreestr employees consists of:

• in the supervision of land plots (including who occupies and uses them, they check whether there are grounds for this);
• in the requirement from legal entities that use land on the basis of perpetual use rights, to register it as property or enter into a lease agreement;
• in the requirement that the land user bring the site into compliance with its original purpose;
• to demand and monitor compliance with the preservation of the boundaries of the land plot and its legally established boundaries;
• is to demand and monitor the use of land for its intended purpose (if it is intended for agricultural needs, then precisely for them; if for industrial purposes, then for production, etc.).

The Rosreestr department or its territorial representative office appoints authorized persons who are responsible for the execution of land state supervision and control. And it is they who are entrusted with all the powers to exercise state supervision over land territories.

In cases where an official and responsible person is inactive, without responding to statements and appeals from participants in land legal relations whose rights have been violated, he has the right to file a complaint against him with the head of the Rosreestr department or a statement of claim in court.

Authorized bodies and supervised ones

The control function is assigned to state bodies authorized by the Government, as well as their officials. -Rosreestr; -Federal Service for Supervision of Natural Resources (Rosprirodnadzor); – Federal Service for Veterinary and Phytosanitary Surveillance (Rosselkhoznadzor); Officials who have the right to perform a supervisory function are issued a confirming certificate. All information regarding the performance of their duties can be obtained from the territorial divisions of the listed bodies during a personal visit, by telephone or on the official web resources to which they belong. State land control is carried out in the form of:

1. Conducting scheduled and unscheduled inspections.
2. Systematic monitoring of compliance with the requirements of land legislation. It is carried out through an administrative survey of objects, analysis of legal acts and decisions made by state authorities and local self-government.
3. Taking measures to suppress offenses or eliminate their consequences.

Documents Statistics on documents and execution of orders

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

dated January 2, 2015 No. 1

MOSCOW

No longer in force - Decree of the Government of the Russian Federation dated June 30, 2021 No. 1081

On approval of the Regulations on state land supervision

(As amended by Decrees of the Government of the Russian Federation dated 03/12/2016 No. 187, dated 12/15/2016 No. 1369, dated 06/28/2017 No. 762, dated 07/27/2017 No. 886, dated 08/07/2017 No. 943, dated 09/08/2017 No. 108 4, from 05/08/2019 No. 574, from 08/03/2019 No. 1019, from 09/07/2020 No. 1369)

In accordance with paragraph 11 of Article 71 of the Land Code of the Russian Federation, the Government of the Russian Federation decides:

1. Approve the attached Regulations on state land supervision.

2. To recognize as invalid:

Decree of the Government of the Russian Federation of November 15, 2006 No. 689 “On state land supervision” (Collected Legislation of the Russian Federation, 2006, No. 47, Art. 4919);

paragraph 26 of the changes that are made to the acts of the Government of the Russian Federation on issues of state control (supervision), approved by Decree of the Government of the Russian Federation dated April 21, 2010 No. 268 “On introducing amendments and invalidating certain acts of the Government of the Russian Federation on issues of state control ( supervision)" (Collected Legislation of the Russian Federation, 2010, No. 19, Art. 2316);

Decree of the Government of the Russian Federation of April 11, 2011 No. 267 “On amendments to the Regulations on state land control” (Collected Legislation of the Russian Federation, 2011, No. 16, Art. 2295);

paragraph 19 of the changes that are being made to some acts of the Government of the Russian Federation on issues of state control (supervision), approved by Decree of the Government of the Russian Federation dated June 5, 2013 No. 476 “On issues of state control (supervision) and invalidation of certain acts of the Government of the Russian Federation "(Collected Legislation of the Russian Federation, 2013, No. 24, Art. 2999).

3. The implementation of the powers provided for by this resolution is carried out by the federal executive authorities exercising state land supervision, within the limits established by the Government of the Russian Federation of the maximum number of employees of these bodies, as well as the budgetary allocations provided for by them in the federal budget for leadership and management in the field of established functions .

Chairman of the Government of the Russian Federation D. Medvedev

APPROVED by Decree of the Government of the Russian Federation dated January 2, 2015 No. 1

REGULATIONS on state land supervision

(As amended by Decrees of the Government of the Russian Federation dated 03/12/2016 No. 187, dated 12/15/2016 No. 1369, dated 06/28/2017 No. 762, dated 07/27/2017 No. 886, dated 08/07/2017 No. 943, dated 09/08/2017 No. 108 4, from 05/08/2019 No. 574, from 08/03/2019 No. 1019, from 09/07/2020 No. 1369)

1. These Regulations establish the procedure for carrying out state land supervision.

2. State land supervision is carried out by the Federal Service for State Registration, Cadastre and Cartography, the Federal Service for Veterinary and Phytosanitary Surveillance and the Federal Service for Supervision of Natural Resources and their territorial bodies.

3. The Federal Service for State Registration, Cadastre and Cartography and its territorial bodies exercise state land supervision over compliance with:

a) legal requirements to prevent unauthorized occupation of a land plot or part of a land plot, including the use of a land plot by a person who does not have the rights to the specified land plot provided for by the legislation of the Russian Federation; (As amended by Decree of the Government of the Russian Federation dated March 12, 2016 No. 187)

b) requirements for legal entities to re-register the right of permanent (perpetual) use of land plots to the right to lease land plots or acquire land plots into ownership;

c) legal requirements on the use of land plots for their intended purpose in accordance with their belonging to a particular category of land and (or) permitted use; (As amended by Decree of the Government of the Russian Federation dated March 12, 2016 No. 187)

d) legal requirements related to the mandatory use for a specified period of time of land plots intended for housing or other construction, gardening, truck farming, for the specified purposes; (As amended by Decree of the Government of the Russian Federation dated March 12, 2016 No. 187)

e) requirements of land legislation by state authorities and local governments when providing land plots that are in state and municipal ownership; (As amended by Decree of the Government of the Russian Federation dated March 12, 2016 No. 187)

f) legal requirements related to the obligation to bring lands into a state suitable for use for their intended purpose; (As amended by Decree of the Government of the Russian Federation dated March 12, 2016 No. 187)

g) (Repealed - Decree of the Government of the Russian Federation dated March 12, 2016 No. 187)

h) legal requirements related to the implementation within a specified period of time of instructions issued by officials of the Federal Service for State Registration, Cadastre and Cartography and its territorial bodies within their competence, on issues of compliance with the requirements of land legislation and elimination of violations in the field of land relations. (As amended by Decree of the Government of the Russian Federation dated March 12, 2016 No. 187)

4. The Federal Service for Veterinary and Phytosanitary Surveillance and its territorial bodies exercise state land supervision over compliance with:

a) requirements to prohibit the unauthorized removal, movement and destruction of the fertile layer of soil, as well as damage to land as a result of violation of the rules for handling pesticides, agrochemicals or other substances and production and consumption waste hazardous to human health and the environment;

b) requirements and mandatory measures to improve land and protect soils from wind and water erosion and prevent other processes that worsen the quality of land;

c) requirements related to the mandatory use of land plots from agricultural lands, the turnover of which is regulated by the Federal Law “On the Turnover of Agricultural Lands”, for conducting agricultural production or carrying out other activities related to agricultural production;

d) requirements in the field of land reclamation, in case of violation of which cases of administrative offenses are considered by state land supervision authorities;

d1) responsibilities for land reclamation during construction, reclamation, survey and other work, including work carried out for on-farm or own needs; (Added by Decree of the Government of the Russian Federation dated December 15, 2016 No. 1369)

e) instructions issued by officials of the Federal Service for Veterinary and Phytosanitary Surveillance and its territorial bodies within their competence on issues of compliance with the requirements of land legislation and elimination of violations in the field of land relations.

The powers specified in this paragraph are exercised in relation to agricultural lands, the turnover of which is regulated by the Federal Law “On the Turnover of Agricultural Lands”.

41. The Federal Service for Veterinary and Phytosanitary Surveillance and its territorial bodies carry out state land supervision using a risk-based approach. (Added - Decree of the Government of the Russian Federation dated 09/08/2017 No. 1084)

42. In order to apply a risk-based approach in the implementation by the Federal Service for Veterinary and Phytosanitary Surveillance and its territorial bodies of state land supervision, land plots from agricultural lands, the turnover of which is regulated by the Federal Law “On the Turnover of Agricultural Lands”, are subject to classification as one of risk categories in accordance with the Rules for classifying the activities of legal entities and individual entrepreneurs and (or) production facilities used by them to a certain risk category or a certain class (category) of danger, approved by Decree of the Government of the Russian Federation of August 17, 2016 No. 806 “On the application of risk -oriented approach in organizing certain types of state control (supervision) and introducing amendments to certain acts of the Government of the Russian Federation" (hereinafter referred to as the Rules).

The assignment of land plots to a certain risk category and a change in the risk category assigned to a land plot is carried out by a decision of the head (deputy head) of the territorial body of the Federal Service for Veterinary and Phytosanitary Surveillance at the location of the land plot in accordance with the criteria for the classification of land plots from agricultural lands, the turnover of which is regulated Federal Law “On the Turnover of Agricultural Land”, to a certain risk category in accordance with Appendix No. 1.

If there are criteria that allow a land plot to be classified into different risk categories, criteria that classify the land plot to a higher risk category are subject to application.

(Clause supplemented by Decree of the Government of the Russian Federation dated 09/08/2017 No. 1084)

43. Scheduled inspections in relation to legal entities, individual entrepreneurs and citizens who are legal holders of land plots are carried out by the Federal Service for Veterinary and Phytosanitary Surveillance and its territorial bodies depending on the assigned risk category with the following frequency:

for land plots classified as medium risk - no more than once every 3 years;

for land plots classified as moderate risk - no more than once every 5 years.

Scheduled inspections are not carried out in relation to legal entities, individual entrepreneurs and citizens who are legal holders of land plots classified as low risk.

(Clause supplemented by Decree of the Government of the Russian Federation dated 09/08/2017 No. 1084)

44. When classifying land plots as risk categories, the Federal Service for Veterinary and Phytosanitary Surveillance and its territorial bodies use, among other things:

a) information contained in the Unified State Register of Real Estate;

b) information from the state data fund obtained as a result of land management;

c) information from state monitoring of agricultural lands;

d) information obtained when officials of the Federal Service for Veterinary and Phytosanitary Surveillance and its territorial bodies carry out control activities without interaction with legal entities, individual entrepreneurs and citizens who are the legal holders of land plots.

(Clause supplemented by Decree of the Government of the Russian Federation dated 09/08/2017 No. 1084)

45. Territorial bodies of the Federal Service for Veterinary and Phytosanitary Surveillance maintain lists of land plots that are assigned risk categories. The inclusion of land plots in the lists of land plots is carried out in accordance with the decisions specified in paragraph 42 of these Regulations. (Added - Decree of the Government of the Russian Federation dated 09/08/2017 No. 1084)

46. ​​The lists of land plots specified in paragraph 45 of these Regulations contain the following information:

a) the full name of the legal entity, last name, first name and patronymic (if any) of an individual entrepreneur or individual who is the legal owner of land plots assigned a risk category;

b) the main state registration number of the legal entity or individual entrepreneur who is the legal owner of the land plots;

c) identification number of the taxpayer who is the legal owner of the land plots;

d) cadastral number of the land plot (if available);

e) address of the location of the land plot (if absent, location of the land plot);

f) details of the decision to assign a risk category to a land plot, an indication of the risk category, as well as information on the basis of which the decision was made to assign the land plot to a risk category.

(Clause supplemented by Decree of the Government of the Russian Federation dated 09/08/2017 No. 1084)

47. At the request of a legal entity, individual entrepreneur or citizen, the Federal Service for Veterinary and Phytosanitary Surveillance and its territorial bodies, within a period not exceeding 15 days from the date of receipt of the request, send to the legal entity, individual entrepreneur or citizen information about the categories assigned to the land plots they use risk, as well as information used in classifying the land plots they use to certain risk categories. (Added - Decree of the Government of the Russian Federation dated 09/08/2017 No. 1084)

48. A legal entity, individual entrepreneur or citizen has the right to submit to the Federal Service for Veterinary and Phytosanitary Surveillance and its territorial body an application to change the risk category previously assigned to a land plot in the manner established by the Rules. (Added - Decree of the Government of the Russian Federation dated 09/08/2017 No. 1084)

5. The Federal Service for Supervision of Natural Resources and its territorial bodies exercise state land supervision over compliance with:

a) responsibilities for land reclamation during the development of mineral deposits, including common minerals, construction, reclamation, survey and other work, including work carried out for on-farm or own needs, as well as after completion of construction, reconstruction and (or) operation of facilities not related to the creation of forest infrastructure, demolition of forest infrastructure;

b) requirements and mandatory measures to improve land and protect soils from wind and water erosion and prevent other processes that worsen the quality of land;

c) the regime for the use of land plots and forests in water protection zones and coastal strips of water bodies;

d) requirements to prohibit the unauthorized removal, movement and destruction of the fertile soil layer, as well as damage to land as a result of violation of the rules for handling pesticides and agrochemicals or other environmentally hazardous substances and production and consumption wastes;

e) instructions issued by officials of the Federal Service for Supervision of Natural Resources and its territorial bodies within their competence on issues of compliance with the requirements of land legislation and elimination of violations in the field of land relations.

The powers specified in this paragraph are exercised in relation to lands of all categories, with the exception of agricultural lands, the turnover of which is regulated by the Federal Law “On the Turnover of Agricultural Lands”.

51. The Federal Service for Supervision of Natural Resources and its territorial bodies carry out state land supervision using a risk-based approach in the manner established by the Regulations on federal state environmental supervision, approved by Decree of the Government of the Russian Federation of May 8, 2014 No. 426 “On Federal state environmental supervision". (Added by Decree of the Government of the Russian Federation dated July 27, 2017 No. 886)

6. Within the framework of state land supervision, the following is carried out:

organization and conduct of scheduled and unscheduled inspections of compliance by state authorities, local governments, legal entities, their managers and other officials, individual entrepreneurs and citizens with the requirements of the legislation of the Russian Federation, for violation of which the legislation of the Russian Federation provides for administrative and other liability (hereinafter - planned and unscheduled inspections);

systematic monitoring of the implementation of the requirements of land legislation, analysis and forecasting of the state of implementation of the requirements of the land legislation of the Russian Federation when government bodies, local governments, legal entities, individual entrepreneurs and citizens carry out their activities;

taking measures provided for by the legislation of the Russian Federation to suppress and (or) eliminate the consequences of identified violations.

7. Annual plans for conducting scheduled inspections are developed in accordance with the Rules for the preparation by state control (supervision) bodies and municipal control bodies of annual plans for conducting scheduled inspections of legal entities and individual entrepreneurs, approved by Decree of the Government of the Russian Federation of June 30, 2010 No. 489 “On approval Rules for the preparation by state control (supervision) bodies and municipal control bodies of annual plans for conducting routine inspections of legal entities and individual entrepreneurs,” taking into account the specifics established by this Regulation.

Plans for conducting scheduled inspections are drawn up separately in relation to state authorities, local governments, in relation to citizens, legal entities and individual entrepreneurs.

Scheduled inspections are carried out by the Federal Service for State Registration, Cadastre and Cartography and the Federal Service for Veterinary and Phytosanitary Surveillance and their territorial bodies in accordance with annual plans for scheduled inspections, and the Federal Service for Supervision of Natural Resources and its territorial bodies - within the framework of annual plans for carrying out scheduled inspections scheduled inspections during the implementation of federal state environmental supervision.

71. Officials of the Federal Service for State Registration, Cadastre and Cartography, the Federal Service for Veterinary and Phytosanitary Surveillance and the Federal Service for Supervision of Natural Resources are required to use checklists (checklists) when conducting routine inspections. (Added from 10/01/2017 - Decree of the Government of the Russian Federation dated 06/28/2017 No. 762 with amendments dated 08/07/2017 No. 943)

72. The use of checklists (checklists) is carried out during routine inspections of all legal entities and individual entrepreneurs. (Added from October 1, 2017 - Decree of the Government of the Russian Federation dated June 28, 2017 No. 762)

73. Checklists (checklists) used when conducting a scheduled inspection contain questions affecting mandatory requirements for a legal entity and an individual entrepreneur, compliance with which is the most significant from the point of view of preventing the emergence of a threat of harm to life, health of citizens, harm to animals , plants, the environment, cultural heritage sites (historical and cultural monuments), state security, as well as the threat of natural and man-made emergency situations. (Added from 01.10.2017 - Decree of the Government of the Russian Federation dated 28

Objects of inspections

The organization of control over the protection and use of land in the Russian Federation provides for verification of:

• land plots,
• parts of land plots;
• land as a natural object and resource.

All objects of supervision can be divided into two groups: general and direct

The first includes land as part of the earth's surface, which is considered as a natural object and an important resource. The direct object is understood as a specific land plot or part thereof. It must be individualized, that is, have clearly defined boundaries, dimensions and location. In addition, a separate category of land or part thereof may be the object of control, since territories are divided according to their intended purpose.

This may include, for example, lands:

• agricultural purposes;
• settlements;
• water and forest resources;
• other categories established by Russian legislation.

Rosreestr Office - as a state supervisory body

The Federal Service for State Registration, Cadastre and Cartography is an executive body with broad competence. Within the framework of the issue under consideration, the powers of Rosreestr in the field of land supervision include:

• control over the implementation of the ban on unauthorized occupation of land plots, the use of plots without title documents and permits allowing for economic activity;
• supervision of compliance with the procedure for assigning the right to use land;
• control over the intended use of land depending on its belonging to a particular category;
• control over compliance with the requirements for the presence and safety of boundary signs of plot boundaries;
• establishing a procedure for providing data on the condition of land;
• execution of regulations on land legislation;
• eliminating violations in this area.

Based on the results of the inspection, employees of Rosreestr authorities draw up an inspection report. If any violations are identified, it is accompanied by an order to eliminate these violations, indicating the time frame allotted for their elimination. An administrative violation protocol is drawn up against the guilty persons.

Commentary on Article 71 of the Land Code of the Russian Federation

The commented article reveals the concept of state land supervision, which was changed with the adoption of Federal Law No. 234-FZ of July 21, 2014 “On Amendments to Certain Legislative Acts of the Russian Federation.” It should be noted that the legal regulation of state land supervision (control) and the activities of bodies exercising this type of state control has undergone quite a large number of changes since the beginning of land reform, which often did not have a positive effect on increasing the efficiency of their activities. In particular, O.V. Kalugina notes that one of the main specially authorized bodies of state land control, the Committee of the Russian Federation on Land Resources and Land Management, and now the Federal Service for State Registration, Cadastre and Cartography, has been transformed eight times. At the same time, it is obvious that such a number and frequency of changes made to the legislation in this part indicate that such an instrument as state land supervision does not fully ensure the implementation of the tasks assigned to it by the state, which is confirmed by the increase in the number of offenses in the field of land relations, the lack of proper measures to eliminate them <2>. Among other things, the need to change approaches to the implementation of state land supervision is evidenced by the order of the President of the Russian Federation following the meeting of the Presidium of the State Council of the Russian Federation dated October 9, 2012 on the submission by the Government of the Russian Federation of proposals for improving state land supervision, including the possibility of its implementation by constituent entities of the Russian Federation <3>. ——————————— <1> Kalugina O.V. Administrative and legal regulation of state land control // Administrative and municipal law. 2011. N 3.

<2> See: Explanatory note to the draft Federal Law N 510495-6 “On amendments to the Code of the Russian Federation on Administrative Offenses (in terms of optimizing administrative liability for violation of land legislation) // Official website of the State Duma of the Federal Assembly of the Russian Federation: duma .gov.ru.

<3> Subparagraph “d” of paragraph 2 of the List of instructions of the President of the Russian Federation following the meeting of the Presidium of the State Council of the Russian Federation on October 9, 2012 // Official website of the President of Russia: kremlin.ru.

It seems that the provisions of Federal Law No. 234-FZ of July 21, 2014 “On Amendments to Certain Legislative Acts of the Russian Federation” are intended to change the situation in the area of ​​application of such an instrument as state land supervision.

Among other things, the commented article provides a definition of state land supervision, which corresponds to the general definition of state supervision given in the Federal Law of December 26, 2008 N 294-FZ “On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control" <1>. However, you should pay attention to some features. ——————————— <1> NW RF. 2008. N 52. Art. 6249.

Thus, in particular, the activities of bodies authorized to carry out state land supervision can be aimed at preventing, identifying and suppressing only those violations for which the law provides for liability, which excludes the possibility of these bodies making any decisions on violations, the composition of which is not described in the legislation and for which no liability is provided. For example, the Code of Administrative Offenses provides for liability for the unauthorized occupation of a land plot (Article 7.1), the use of a land plot with the right of permanent (indefinite) use by a legal entity that has not fulfilled the obligation to re-register such a right to the right to lease a land plot or to acquire it within the period established by federal law. ownership of a land plot (Article 7.34), damage to land (Article 8.6), failure to fulfill obligations for land reclamation, mandatory measures to improve land and protect soils (Article 8.7), use of land plots other than for their intended purpose, failure to fulfill obligations to bring lands into a state suitable for use for their intended purpose (Article 8.8). In addition, according to paragraph 3 of the commented article, the subject of inspections during the implementation of state land supervision may be not only land plots, but also other objects of land relations, which also include land and parts of land plots <1>. ——————————— <1> Judicial practice indicates that if a violation is committed in relation to part of a land plot, it is regarded as a violation in relation to the entire land plot (see, for example, the Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated June 18, 2013 N 71/13).

Paragraph 5 of the commented article gives officials of state land supervision bodies broad powers in the implementation of their activities. Such officials have the right to freely gain access to land plots and inspect them, which should largely ensure the adoption of objective decisions on specific offenses.

As can be seen from the provisions of the commented article, applied in conjunction with the provisions of Art. Art. 45 - 47 of the Land Code of the Russian Federation, as well as Art. Art. 284, 285 Civil Code of the Russian Federation, art. 6 of the Federal Law of July 24, 2002 N 101-FZ “On the turnover of agricultural land”, the issuance of an order to eliminate identified violations for land owners can have serious consequences. In particular, the consequence of failure to eliminate committed offenses may be the termination of rights to a land plot. Thus, measures for state land supervision are also a mechanism for initiating a procedure for terminating rights to land plots that are in state or municipal ownership, or a procedure for confiscating privately owned land plots due to their improper use.

The regulation on state land supervision was approved by Decree of the Government of the Russian Federation of January 2, 2015 No. 1. In particular, this Regulation delineates the powers of the Federal Service for State Registration, Cadastre and Cartography, the Federal Service for Veterinary and Phytosanitary Surveillance and the Federal Service for Supervision in the Sphere of Natural Resources .

Objects of inspections

The organization of control over the protection and use of land in the Russian Federation provides for verification of:

• land plots,
• parts of land plots;
• land as a natural object and resource.

All objects of supervision can be divided into two groups: general and direct

The first includes land as part of the earth's surface, which is considered as a natural object and an important resource. The direct object is understood as a specific land plot or part thereof. It must be individualized, that is, have clearly defined boundaries, dimensions and location. In addition, a separate category of land or part thereof may be the object of control, since territories are divided according to their intended purpose.

This may include, for example, lands:

• agricultural purposes;
• settlements;
• water and forest resources;
• other categories established by Russian legislation.