All about punishment
As noted earlier, all violations regarding common land must be provided for by Russian law. This type of violation of land use, such as unauthorized seizure, is considered an administrative offense and is controlled by Art. 7.1 of Chapter 7 of the Code of Administrative Offenses of the Russian Federation.
Investigations into this violation are carried out by state inspectors specializing in the operation and protection of those storage facilities that are included in the Russian register. The article dealing with this offense is called “Unauthorized occupation of a plot of land.”
According to it, the seizure of common land, at will, without obtaining the documents provided for by law (or in situations where there are no papers to permit economic work), entails administrative punishment. Namely, a fine is imposed for individuals. persons in the amount of 500 rubles, for an official from 1000 to 2000 and for legal entities. persons from 2000 to 20000 rub.
ATTENTION! In addition, Art. No. 21 of Chapter 23 of the Code of Administrative Offenses of the Russian Federation, which is called “Bodies exercising state control over the use and protection of land.”
The bodies listed in this article may consider those cases that relate to the cases specified in Art. 7.10, 7.2 (part 1), 7.1 (to the extent of unauthorized assignment of the right to exploit the site and exchange land), and also in Art. 8.8., 7.34 Code of Administrative Offenses of Russia.
These bodies are:
- Chief State Inspector of Russia for the protection and use of land, as well as his deputies.
- Chief inspectors of individual regions of the country for the protection and operation of PDO.
- Chief city and district state inspectors for the protection and exploitation of land.
Unauthorized construction
If the position of the garage on the ground is not regulated, then non-permanent economic buildings and capital structures are subject to the rules for their location on the site, and the construction of a house generally requires permission.
ATTENTION! That is why construction outside an area that is not privately owned, but on common land, is considered a serious offense. Therefore, if a neighbor decides to build a barn in the middle of the road area, this is a reason to send a complaint.
What is PDO
According to the law, PDO are those territories that belong to all people, as social. space is territories that do not have an owner and cannot have one.
According to the way these land plots are defined by the Land and Town Planning Codes of Russia, PDO are plots and territories that are used as communication routes, as places for recreation, as well as zones for the industrial needs of society.
According to the law, it is allowed to erect capital structures on such land, as well as carry out non-capital construction. But at the same time, construction must correspond to the general purpose of the land.
Illegal land seizure
In populated areas and in territories adjacent to them, public lands are highways, alleys, various passages, and ponds (as part of the territory of a gardening or vegetable farming partnership).
ATTENTION! Such land is owned by the municipal government or the state. Everyone has access to such areas; no one needs to obtain a legal permit.
According to the Land Code, only its owners can use a land plot at their own discretion (but taking into account the legal status). Various government bodies monitor the implementation of this rule - Municipal Land Control, State Land Control, territorial self-government bodies.
Owners and tenants also control the legality of exploitation of land plots.
Despite such comprehensive control, there are often precedents associated with the seizure of plots of a particular area and their use at one’s own discretion. This is considered a serious offence.
According to Government Decree No. 689 of November 15, 2006 (it is called “On State Land Control”), land plots cannot be seized without permission by either legal entities or individuals.
- Ownership of a land plot must be documented, and there must also be a permit to conduct various economic activities on the land. If land privatization has been carried out, the process is also documented. The protection of land resources is carried out not only by this resolution, but also by the Land Code.
- In cases where there is an illegal seizure of public land and blocking access to it for other citizens, it is imperative to give a signal about the incident.
- A complaint or appeal regarding the seizure of land should lead to verification actions by the responsible organizations. Complaints from both individuals and legal entities are considered.
If there is an offense, where to complain? Many state regulatory bodies have been created for issues related to the right to use land, unauthorized seizure and use. These are State Land Control, Compulsory Medical Insurance, public organizations, law enforcement agencies.
You can contact any of these authorities. But the main organization is Rosreestr.
Return
- The owner of the land has rights to it, guaranteed by state laws. Therefore, the squatting of the site will not go unpunished; there will be a reaction from regulatory and law enforcement agencies.
- Article 76 of the Land Code confirms the punishment for the seizure of land as common property. The seized site must be returned for use both to the owner and to those who are currently leasing the space.
- When considering the issue of returning land, the issue of compensation for losses to the injured party must also be resolved.
- The court is considering claims from three years ago.
If privatized land was seized without permission for the street network or neighbors blocked a road that is considered public land, you must submit an application to the regulatory authorities. The claim will be won under the following conditions:
- the violator does not have documents confirming his rights to the land area,
- there is confirmation of violation of the boundaries of the site, illegal exploitation of the land area.
If illegal actions of land rights holders are carried out, the issue is considered in pre-trial or judicial proceedings. A claim can be filed by the owner of the territory or another person who has suffered due to a violation of his rights.
IMPORTANT! According to Article 60 of the Land Code, the seized land must be returned to the owner, his rights must be restored.
What it is
Ownership of land plots can be carried out by citizens and legal entities on a permanent or temporary basis, for a fee or free of charge. Among the legal and legal grounds for obtaining land rights are:
- allocation of land plots for temporary rental use;
- acquisition of a plot of property under a purchase and sale agreement;
- receiving land by inheritance;
- purchase of land from the state or municipality following an auction;
- other grounds listed in the Land Code of the Russian Federation and the Civil Code of the Russian Federation.
In each of the listed cases, the permanent or temporary owner of the site acquires the right to protect his right from illegal actions of third parties. This protection can also be provided against unauthorized occupation of a land plot.
Based on the norms of the Land Code of the Russian Federation and civil legislation, unauthorized occupation of land means the following situations:
- illegal actions of the land owner aimed at expanding the area of his plot - placing fencing elements on the border of his plot, transferring boundary signs to someone else's territory;
- removal of part of a building or structure onto someone else's territory, or illegal construction on someone else's land;
- placement of property on someone else's land plot without the consent of the proper owner;
- operation of the site without the presence of title documents;
- use of land for commercial purposes without registration of entrepreneurial activity or special permits.
Legal owners of land (citizens, enterprises, public entities), when establishing land squatting, may make demands to eliminate the specified violation. If this does not happen, various rights protection options can be applied to the violator.
Land Code and General Territory
This type of land use, like any existing one, is mentioned in the Russian Land Code, since it is this type that resolves and controls all issues related to the use of land resources.
ATTENTION! In Article No. 85 of the Land Code of the Russian Federation you can find all the information about the PDO.
It is there that it is said that lands of a general type can be part of different zones of a territorial type, but they cannot be privatized. Also, according to this article, squares, streets, various roads and highways, embankment areas, beaches, and so on are attributed to common land.
Violations related to the use of common land are regulated by Art. 7.1 Chapter 7 of the Code of Administrative Offenses of Russia. By violation it means self-seizure of the PDO.
Where to complain
What to do in a situation where violations in relation to the PDO are noticed, partially affected or interfere with life, and which authorities deal with such matters. Let's start with the fact that the problem, according to the Russian Land Code, should be kept under control by the following bodies and employees:
- State land control.
- Compulsory medical insurance or Land control of local government.
- Bodies that carry out territorial social self-government and public land control (which includes workers interested in the problem).
- Individuals and legal entities using land.
According to the law, based on P.P. Russia No. 689 of November 15, 2006 “On State Land Control”, in order to apply in connection with the violation of the use of PDO, you only need to send a complaint from a legal or physical entity. persons to the Office of the Russian Register.
This petition will be considered the basis for starting an inspection of the marked area where violations have been observed.
Causes
The reasons for capture can be very different. The most serious violation of the exploitation of non-owned land is the construction of a permanent structure, which happens quite often.
Citizens are also trying to build a garage or outbuilding on land that is common property. Minor violations include failure to respect plot boundaries, storage and warehousing of various building materials outside of one’s own land, and loss of documents confirming the right to a plot.
Examples of unauthorized seizure
Let's look at cases in which lands are seized without permission, what all this can lead to and why these actions are not legal.
A citizen closed part of the road zone by building a garage. Buildings, as everyone already knows, must be located on the territory of their owner’s land, and everything must comply with established standards.
IMPORTANT! You can build a garage without permission, but it must be within the boundaries of the land plot. However, there are situations when a citizen has built a garage so that part of it faces a road that is considered a PDO, which is illegal and is a reason for sending a complaint to the Russian Register.
