If the land is public, it means that it belongs to municipalities and regional entities, regional and regional entities, and the Russian Federation. But the state itself does not have the right to dispose of land for its intended purpose. It receives material benefits by renting out properties on a commercial basis to individuals and businesses.
That is, the state owns the buildings. It is necessary to organize privatization so that property moves from state to private.
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What does this mean?
According to current legislation, the state is a special, completely autonomous entity, similar in structure to legal entities and individuals. Thanks to this legal status, the state plays the role of an independent subject under property rights.
The presence of special power functions is one of the main features of such entities. Because of this, they have the right to issue regulations regulating the procedure according to which the state itself exercises its rights to property.
Regulations must also respect the interests of the public. What types of forms of public ownership are there?
Main types of public ownership
Public property is divided into two types:
- Owned by the state.
- Owned by municipal facilities.
The following types of entities are distinguished in state public property:
- Individual subjects. These are regions, republics, and so on.
- All of the Russian Federation.
The municipality is built on the same model only as an owner. But this does not mean that municipal ownership can be completely attributed to state ownership. The formation of rights and objects in the public legal sphere does not occur in the same way as at the state level.
There are two types of public ownership.
If we talk about public territory in municipal-type entities, then the right of ownership may be with :
- Settlements with rural areas.
- Urban formations.
- Other entities with a similar status.
Rules for transferring land into private hands
Public entities are transferred to private owners (individuals and legal entities) on the basis of:
- rights of paid use (lease agreement);
- rights of perpetual permanent use;
- rights of lifelong inheritable ownership (at the moment, plots are not issued on this basis, but those previously issued continue to exist in this form of ownership).
All these options are carried out without a change of owner: a private person uses the land, but it continues to belong to the municipality.
- The advantages of such ownership: there is no need to pay land tax, since this responsibility rests with the owner, and the state cannot be a taxpayer;
- Disadvantages: there is no possibility to use the plot as a tool for enrichment and transfer it to a third party: sell, bequeath, donate.
About land plots as objects of public property
National treasures include any land for which the state has the right of ownership . If all requirements of current legislation are met. It belongs, as it were, to the whole people. Local entities own municipal lands .
If we are talking about common property, then there are certain restrictions and responsibilities associated with the disposal. Only acquisition or purchase is available for private land areas.
But if the objects belong to common property, any citizen may have ownership rights. Public types of property appear after such procedures as seizure, seizure of territory, confiscation, nationalization.
In what cases does a citizen have the right to legally use someone else's land? The answers are in this article.
The right of ownership can be terminated only after the publication of relevant acts and laws.
For citizens, public property may be available for rent.
Land objects of public property have other features:
- Public owners cannot use them on their own behalf. The plot is transferred to another user under conditions agreed upon in advance.
- Of the civil transactions on such lands, only rent is available. They cannot be used as collateral, mortgaged, or transferred to other entities.
- It is not necessary to use land only for its intended purpose.
Are you looking for ways to challenge the cadastral value of land? Detailed instructions at this link.
Disadvantages and advantages of public ownership
If someone rents an apartment owned by the state, they try to carry out privatization as soon as possible. But there is no need for such a procedure as such.
After all, even such housing has a number of advantages. Here is just a small list of them.
- Complete protection against fraudsters. Public housing cannot be easily transferred to the ownership of others. Therefore, the attackers themselves do not try to take possession of such objects.
- If the apartment is lost, then the person living in it is given another object to replace it. The state is obliged to provide other housing in the event of force majeure situations.
- Opportunity to improve living conditions. Everyone has the right to get another housing if the old one does not meet sanitary standards. But the disadvantage is that only living space with identical characteristics is provided.
- No mandatory tax on real estate ownership. Only the owners themselves pay a fee of 0.3-2 percent of the cadastral value of housing.
Among the main disadvantages is the inability to complete transactions such as sales, donations, and rentals. In addition, there is a risk of losing your property.
Public ownership imposes a number of restrictions on the owner.
Advantages and disadvantages
The advantages of this form of ownership include:
- Protection against fraudulent activities . Neither an apartment nor a plot of land that is transferred to a citizen by the state under a lease agreement can be easily transferred into private ownership. This discourages scammers, since dealing with such objects becomes unprofitable and even dangerous.
- No need to pay annual tax . The tenant pays only the amount billed under the contract, and paying taxes to the budget is the owner’s responsibility. The tenant does not take part in financial settlements.
- Loss of property entails replacement . This means that in the event of certain force majeure circumstances (due to fire, flood, emergency), public housing may be lost, but in return the citizen must be provided with other housing.
- Opportunity to improve living conditions . If the family grows and the sanitary standards of living space per person do not meet, the state is obliged to provide housing that is larger in size.
The disadvantages of the public form of ownership include:
- Inability to make any real estate transactions because you are not the owner. It cannot be given away, exchanged, sold, etc.
- There is a risk of losing the property. The tenant is obliged to strictly comply with all the rules and requirements that the state imposes on the use of property. If they are violated, the citizen faces eviction without being provided with another in return.
The disposal of state and private property differs significantly in this regard. All aspects regarding federal or municipal property are dictated by the relevant legislative acts. The citizen disposes of private property independently in full and within the established norms.
Features of the public legal regime
In this case it is special. This concerns methods of disposing of objects and issues related to assigning specific owners.
According to the new legislation, all public lands can be divided into two categories.
- Undelimited, subjectless public property.
- Property of a specific public owner.
If we talk about the second category, then state registration of property rights is required for delimitation. This is mandatory for every site that is not privately owned.
But such a procedure is not particularly difficult - it is enough for the application to be submitted by the executive bodies of state power or a local government body. Persons acting on behalf of these bodies have this right.
Cartographic works, their types and costs - read the details at the link.
About municipal property
As already mentioned, this group includes plots belonging to rural or urban settlements. Local governments act on behalf of municipalities when they exercise property rights.
That is, these bodies become subjects of municipal type property.
Ownership of land arises immediately after state registration is completed.
Municipal entities can receive free of charge land , ownership rights to which belong to the state. Only in Moscow and St. Petersburg such objects are not allocated to municipal ownership.
At the same time, municipal property rights can arise even in relation to objects that were abandoned by the previous owners. To whom can such objects be transferred?
- Unitary enterprises.
- Municipal institutions.
- Representatives of local authorities, or non-profit organizations created by such authorities.
- Legal entities.
- Citizens.
Subject and object
The rules provided for property subjects are not the same for private owners and the state. Moreover, the state, receiving advantages in the powers of land management, complies with the regulations for the use of massifs, strictly following the norms of legislation established by it. The requirements for owners, which do not allow exceptions, are as follows:
- use of land only for its intended purpose;
- maintaining registration records of owned arrays;
- preservation of the surrounding ecology;
- compliance with established standards for the use of memory.
An object of state property is massifs located on the surface of the Earth, within the state borders of the Russian Federation, which are at the sole disposal of the federal authorities. These areas may be included in circulation or withdrawn from circulation for a number of reasons. These include areas of particularly fertile land that cannot be transferred to private ownership.
There are also zones intended for the organization of resorts, sanatoriums and tourist centers of federal significance. Historical places, places of military glory that have received All-Russian status. These also include:
- forest and water areas;
- waste storage areas;
- natural resource extraction sites;
- nature reserves;
- specially protected areas within state borders.
This list is not exhaustive and covers all types of land that can only be used by the owner.
The emergence and cessation of designated objects is based on the adoption of government decrees and state acts that regulate the management of the territory of the massifs. It is based on the registration procedure, as a result of which information about the copyright holder is entered into the State Real Estate Cadastre (GKN), on the basis of Federal Law No. 122-FZ, dated July 27, 1997.
The subject of state ownership is the Russian Federation, represented by the government, as well as regional authorities, to which the right to own land is delegated. Within the subject, defined as the totality of regulatory regulation of all lands that are not privately owned, differentiation is made. It is based on the basis of the status of legal capacity in relation to a particular object, determined through the territorial zoning of massifs, acting as a variety of subjective rights.
Speaking about the subject, the following varieties are distinguished:
- federal owner;
- public education.
The emergence and termination of the legal capacity of a subject occurs on the basis of the regulation of legal norms, as a result of which the relevant Federal laws and other legislative documents reflecting legal precedents arise:
- law-generating (about the grounds for the emergence of rights);
- terminating;
- law-altering.
We also advise you to read the article : What to do if there are no documents for land?
Based on these, objects are alienated to the jurisdiction of other entities, or the conditions of land ownership are changed.
What documentation will be required?
The privatization procedure involves several component stages. This includes completing documentation with authorized bodies, as well as completing registration when applying to Rosreestr. It is envisaged that documentation can be submitted during a visit to the multifunctional center. Depending on what stage a person goes through, it is necessary to collect a certain list of documentation.
IMPORTANT !!! If a purchase and sale agreement is concluded, then you need to write an application for the transfer of rights to the plot; acts are also provided by which the identity of the citizens participating in the transaction is verified.
An act confirming the preliminary approval of the area where the site will be located is required. In addition, it is necessary to collect papers that indicate the legal use of the plot. For example, this is a rental agreement.
We need boundary acts and documents indicating the process of boundary approval. The citizen collects documentary evidence that there are grounds for receiving the plot. For example, this is an indication of the status of having many children, etc. If the land is leased, then acts confirming the absence of arrears in rent payments are provided. When an auction is held, you need to submit an application to participate in it.
Auctions
The auction can be initiated either by the future owner or by the state. The rules by which tenders are structured if they were initiated by the municipality:
- he organizes surveying with the definition of boundaries;
- it notifies potential bidders about upcoming auctions through the media and its official website.
If the initiator is a private person, his responsibilities include:
- submitting an application or request for the sale of the desired plot, justifying your goals;
- land surveying of this area;
- presence at auctions, participation in them.
