What does the law say about the allocation of a land share of 1 hectare to each collective farmer during the liquidation of a collective farm?: information with explanations

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Many people confuse the concepts of “agricultural land share” and “plot”, identifying them. This is the wrong approach, because having a share in a citizen does not in any way guarantee the availability of a plot of land - to do this, you need to convert the share certificate into a real plot of land. Unfortunately, this does not happen automatically - the owner must do this himself.

Share on the collective farm

For many years, agricultural production was carried out by collective and state farms.
They received land from the state, which they could use indefinitely and free of charge. In the early nineties, as a result of the reform, agricultural enterprises were reorganized into closed joint-stock companies, and the land was privatized by workers of former collective and state farms. In most cases, the transfer of land was in the form of individual land shares (shares). A certain amount of land area, which is calculated in point-hectares per person, if the basis is the quality of farmland, in hectares in physical and value terms and is called a land share. Such land shares are reflected only in documents; there are no restrictions on the ground. Thus, people who received land shares became owners of agricultural land on the right of common shared ownership. This is confirmed by the presence of each state certificate of ownership of land shares. The certificates specify the following characteristics of the share: - size in hectares; — assessment in point-hectares; - types of farmland. All these indicators should not differ for all share owners. That is, people are the owners of land plots, but they don’t know which ones and where exactly throughout the entire area. The area shown on the certificate may be interpreted in different ways. Suppose it is written that the owner has 4.4 hectares of farmland, of which 3.8 hectares are arable. So it’s not a fact that he will be allocated exactly these 3.8 hectares of arable land, because the quality of the land in the closed joint-stock company is different, so the actual provision will also differ. Point-hectares are much more important. Let's say a hectare is valued at 40 points. Based on this, the owner can receive only 3 hectares of arable land or 12 hectares of pastures, which are valued at 10 points per hectare. The Federal Law “On the Turnover of Agricultural Land” was the basis for the procedure for owning and using a plot of land that is in shared ownership. And the procedure itself was adopted by a meeting of participants in shared ownership, at which at least 20% of the members had to be present. Any owner can sell, exchange, pledge, bequeath and perform any other actions with his land share. If a decision is made to sell a share, it is initially necessary to inform all other owners about this. Within a month, they must decide either to buy this share or to refuse it. In addition, local authorities must also make their own decision. And only if refusals are received, can the free sale of land begin. In this case, the price should not be lower than the established one. It is impossible to transfer a share for rent. Despite the fact that before this, renting was possible, after the adoption of the Law “On the Turnover of Agricultural Land”, the share began to be considered a non-natural land plot and therefore this opportunity disappeared. In fact, the state has done very confusing things with regard to land laws. Property trust agreements were used for this land. But the transfer of ownership rights to the share is impossible. If the owner of the land decides to rent it out, he must first get another plot in exchange for this plot, which can still be rented. And this again means a long visit to the authorities. Of course, it is formally possible to allocate your land share in kind, especially after reading the law “a participant in shared ownership has the right to demand the allocation of a land plot for the share and for any other purposes. That for this he must notify in writing about his intention to the remaining participants in shared ownership or publish a message in the media indicating the intended location of the land plot. It is also necessary to indicate the amount of compensation to the remaining participants in shared ownership if the market value of the allocated land plot per unit of its area exceeds the market value of the land plot remaining after the allocation, also per unit of its area,” but in reality this is almost impossible to do. Therefore, the most common and optimal way to allocate your share in kind is to go to the head of the joint-stock company and ask for assistance.

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And he simply pays ridiculous money by this time. And this despite the fact that people could, according to the same paper, be expelled from the collective farm with the issuance of approved property. Let me remind you that housing in a share is 15%. In general, a fraudster, a pure fraudster.

As we continue to introduce you to the stories of the residents of Ogarkovo and Kharachevo, you can’t help but watch them yourself once again. And tears well up in your eyes, and your breath freezes in your chest from anger. After all, what a greedy brute, this Shilovsky, grabbed almost the entire collective farm and nearby collective farm enterprises for himself, and also took away people’s apartments. In our next story, even in disabled children.

What does the law say about the allocation of a land share of 1 hectare to each collective farmer upon liquidation of the collective farm?

Thus, in 1968, the Fundamentals of Land Legislation of the USSR and Union Republics were adopted,**** and in 1970, on the basis of these Fundamentals, the Land Code of the RSFSR was adopted.***** which arose before the adoption of the Code. The Land Code of the RSFSR applies to those rights and... For example, the specified paragraph of the resolution stipulates that the Land Code does not apply to.

The next agrarian and land reform (1990-1992) reorganized agricultural enterprises into Closed Joint Stock Companies (AOZT), and the land of state and collective farms was privatized. Privatization took place by transferring it into the ownership of citizens working in agricultural enterprises. Former collective farmers received individual land shares (shares). Land share (share) is the amount of land area per member of an agricultural enterprise, calculated in point-hectares, if the quality of farmland was taken as a basis, in hectares in physical terms and in value terms.

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Land share of collective farmers

1. Collective farmers were given land shares. one of them has this share and he wants to carry out land management work in terms of delineating the boundaries of dividing the plots into several for further individual development. Is this possible?

6.1. Yuri, hello. Regarding the shares. You should contact the administration of the village council with an application for the allocation of shares agreed upon earlier at the collective farm meeting. You are not the only owner, so you can act more than one. If they refuse, then go to court for recognition of your legal fact. This is confirmed by documents and testimony. Hire one lawyer for everyone and you will succeed. Until now, there have been claims in the courts from the administrations of village councils about the exclusion of land owners for non-use of land for 3 or more years. So it's not a lost cause.

How to find a share by cadastral number

Each plot is assigned a cadastral number. Before you purchase a plot or find out its status, you need to check its cadastral number. Using it you can see the location of the site on the map and get its characteristics. Anyone can obtain information from the cadastre, since it is public.

If the site number is known, the following information can be obtained:

Land area in square meters.
Cadastral value for determining tax.
The category of land to which this plot belongs.
Site location.

How can I find a plot by cadastral number?

The numbers of the number have a certain structure:

the first two digits in the number indicate the region in which the site is registered;
the third and fourth digits are the county code;
the next six characters define the quarter;
the last digits are the individual site code.

Knowing the number, you can easily find the site on the public map on the Rosreestr website. Here you will need to enter a number and the site itself and nearby objects will be shown on the map.

Select collective farm land share

After this, submit an application for registration of ownership rights to the MFC. Why is there a tax on a land share if it is not surveyed? There is a land certificate that was issued by the collective farm in 2009, but it contains errors in the surname, country and passport data.

But you also need to read the contract, what is written in it. My mother worked for a long time on the Raevsky collective farm, Krasnodar Territory, retired in 1988, was a leader in production, and has awards: for Labor Valor, Children of War. At the same time, in the 2010s, when land shares were allocated, neither she nor his father were given anything.

Application area

Shares or shares can be called very unique objects of property; they are in essence not a plot, since it has no border, but only a right to land.

The share can be used for farming or farming, depending on its type. At the same time, when disposing of his share, the owner must take into account the interests and rights of other shareholders. It is for this reason that it is quite difficult to realize land rights.

In addition, a person can lose his share at any time, for example, it can be transferred to the local administration. This can be motivated by the fact that the land is not used by the shareholder. At the same time, losses to the so-called “owner” are not compensated.

A law on the free allocation of land for Russian citizens has been adopted

In 2021, at the initiative of the President and the Government of the Russian Federation, significant amendments were made to the Land Code of the Russian Federation regarding the free allocation of land in any free place of the choice of citizens and non-profit organizations created by them.

Free provision of land plots will be carried out ON AN APPLICATION PROCEDURE, WITHOUT TRADE, according to a procedure uniform for all categories of applicants. The main novelty is precisely that it is FREE, WITHOUT TRADE, and initially (for the period of development) - in many cases NOT FOR RENT (Chapter 34 of the Civil Code of the Russian Federation), namely for FREE USE (Chapter 36 of the Civil Code of the Russian Federation). The PROCEDURE FOR OBTAINING LAND has also been simplified (more on this below), and the land can be CHOOSE.

Rent and purchase

Land plots can be sold or leased to those interested in using a share. Payment can be made in cash, or payment in kind is also possible. You can rent a share by signing an agreement with its owners. This document stipulates the tenants' ability to operate and also specifies specific deadlines.

The difficulty lies in the fact that the plots do not have clear boundaries and determining the location of the land is not always possible. In this case, it makes sense to allocate a share. To do this, you will need to write an application to the government registration agencies that are engaged in land surveying. In addition, the boundaries of the site are agreed upon with the owners of neighboring lands.

In order to register ownership of the acquired land plot, a share purchase and sale agreement is required. Also, you must register your rights to land with the Registration Chamber.

For this you will need:

originals and copies of passports of all participants in the transaction;
original contract;
if the buyer is married, then it is necessary to provide a spouse’s permission to purchase certified by a notary;
the seller must provide a document confirming his right to own the plot;
notarized consent to the sale of the seller’s spouse, if he is married;
stubs of postal receipts confirming the sending of notice of sale to other shareholders;
statement;
receipt for payment of state duty.

Next, the property will be highlighted in “reality”. Before this, you must indicate the location and size of the plot.

Collective farmers' shares

7. I was a member of the collective farm from 1991 to 2021. We were promised that they would issue certificates for a land share. But during his work on the collective farm, no one gave him away (share). Somewhere in 2021, I turned to the collective farm with a request to issue me a certificate, to which I was refused because at that time I was no longer a collective farmer. Can you please tell me if I can now apply for a share? And if so, what needs to be done for this? Thank you!

4. A certificate for a land share was issued to a collective farmer; he died. According to the certificate of inheritance, it was passed to the son, the son was included in the certificate, the land was not registered, and he died. Is the certificate valid? Can it be further passed on by inheritance?

A share of land is how many acres of land

In Soviet times, the land fund belonged to the state, which disposed of it at its own discretion. The lands intended for agriculture were managed by the collective farm. Then came the land reform, after which it became possible for citizens to register a land share as private property. Many people are still interested in what it is. A share is a part of the territory that is allocated to a person from the general land mass. Land shares were received by agricultural employees. enterprises who worked in the fields and at facilities located on the territory of the collective farm.

Based on this, we can conclude that the land moratorium is not an obstacle to the development of large agribusiness in Ukraine. Agricultural holdings have learned to bypass the moratorium. They enter into emphyteusis agreements (lease opportunities with an unlimited period), options to purchase agricultural enterprises with a significant land bank, use subsidiaries, etc.

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Land shares of collective farmers

Land legal capacity of citizens begins at the age of 18. What is a land share? Hello Maria. You need to start with whether you still have a certificate of ownership of the land for a share on the collective farm on your grandmother’s plot.

The identification document is a certificate of ownership or an extract from the Unified State Register of Real Estate from the year. In addition, written consent from the municipality will be required to conclude the transaction. The validity of this document is one year. Equally important is the consent to the transaction obtained from other owners of land shares.

How to purchase: registration procedure

Many people are interested in the question of how to become the owner of a land share. One of the options for acquiring legal rights to own a plot is to purchase it. To buy shared land, the following procedures are carried out:

The acquisition of an allotment for the first time is accompanied by a decision of a special commission, the participants of which are from the management staff of the agricultural organization. An agreement is drawn up and concluded, the parties to which are the seller and the buyer. This agreement contains the conditions that both parties must fulfill, the rights and possibilities of using the site, the price of the land, the date of conclusion of the agreement and other main information.
After the agreement comes into effect, you must appear with the agreement in hand at the Rosreestr authorities. This must be done so that the employees of the registration organization conduct a study of the transaction and issue a certificate, cadastral, technical passports for the plot, documents confirming land ownership as the owner, as well as a cadastral number (on the public map of the Rosreestr website, using the number, you can find out the location area).

The land is registered within two months.

The price for such a plot may vary. It is formed based on some indicators:

square;
ability to produce crops, degree of fertility;
distance to the infrastructure complex of the settlement.

A land share can cost, according to the average market price, from 55,000 to 300,000 rubles. The initiator of the sale can set any price according to his wishes.

Select collective farm land share

The land share remains part of the shared ownership in the general area of land. The share is expressed as a percentage of the total number of plots in hectares or smaller units. The share can be contributed as the authorized capital of a legal entity - a production or consumer cooperative or a joint-stock company. The plots were allocated taking into account the reorganization of enterprises on a commercial basis - for the production of agricultural products and investment. The plots were provided free of charge to citizens. The land is subject to privatization; in order to receive a share, it is necessary to issue a certificate and cadastral documentation if the owner of the share has decided: Agricultural plots Land for agricultural production is allocated for growing crops, grazing livestock or for summer cottages. In such areas, the construction of private houses is allowed - in DNT and SNT and permanent registration.

details and passport data of both parties;
name and exact address, coordinates of the land plot;
individual number of the share document and the date of its execution;
the full legal capacity of both parties must be established;
a clear amount of how much a land share costs;
it is also necessary to indicate that after the transaction the parties have no mutual claims.

Price

The cost of a land share is determined based on:

size;
fertility of the site;
its remoteness from infrastructure facilities.

The average cost of a plot is 50-250 thousand rubles per 1 hundred square meters. The owner has the right to sell his share at any set price.

Paying tax

Registration of a land share and its transfer under transactions are subject to tax.

Its size depends on the cadastral value of the site, but cannot be less than 1 thousand rubles.

The responsibility to send out notices of payment of land tax rests with the territorial departments of the Federal Tax Service in regions and municipal areas.

Termination of a land share lease agreement can be carried out only under certain conditions. How to inherit a land share? Read here.

How to separate a land share from common shared ownership? Detailed information in this article.

Illegal transactions

Sometimes parties try to circumvent the law by executing an actual purchase and sale transaction under a gift agreement.

The main purpose of the share is to engage in agricultural activities. But often land shares become objects of investment in circumvention of the established norms of land law - for example, when land is purchased only in order to have an influence on the commercial activities of an agricultural cooperative or other enterprise.

A land share can be a profitable way to make a profit if you know how to use it, or if it is managed by someone knowledgeable in agricultural work.

The plot is valuable because it can be a source of permanent income for a citizen, peasant farm or cooperative.

What does the law say about the allocation of a land share of 1 hectare to each collective farmer upon liquidation of the collective farm?

P/S The inheritance mass also included shares that were not registered with the Federal Reserve System, because the right to them arose before the advent of the Federal Reserve System and therefore state registration is required only when transactions with such a share are made. I registered the ownership of such shares simultaneously with the lease agreement. There were cases when the heirs simply took archival extracts and the notary, based on them, included shares in the inheritance mass, indicated them as inherited property in the certificate of inheritance, and then the heirs, on the basis of this certificate, registered the shares with the Federal Reserve System.

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The share should be registered as property. maybe that someone is safely using her land. This is usually decided at village meetings on who to rent out. and how much to get for it. so it’s quite possible that the grandmother is being taken for a ride with her income. Until someone appropriates her share, it is necessary to register. and then dispose of it as you wish.

Tax

Persons who receive income from renting out shares are recognized as tax agents and are required to pay taxes in accordance with Article 226 of the Tax Code.

Land owners who do not rent out plots to interested parties and use their plots independently for agricultural activities are also required to pay taxes in accordance with the articles of the Tax Code of the Russian Federation.

Land tax for the past year must be paid no later than November 1 of the current year.

Shareable lands of the collective farm

details and passport data of both parties;
name and exact address, coordinates of the land plot;
individual number of the share document and the date of its execution;
the full legal capacity of both parties must be established;
a clear amount of how much a land share costs;
it is also necessary to indicate that after the transaction the parties have no mutual claims.

Dates after September 4, 1992, i.e. Since the release of the Government of the Russian Federation Resolution No. 708, the district leadership has become more satisfied. After all, from that moment on, it was possible not to provide a sufficiently wide range of citizens with land shares (shares). Thanks to the “change” in the documents of the dates for holding general meetings, shares were taken away from those who received them before this date. Such confusion in documents led to the emergence of a considerable amount of simply unaccounted for land and the possibility of manipulating them. Therefore, it would be advisable and necessary to introduce the following provision into the draft Land Code of the Russian Federation, which has not yet been finally adopted: “The allocation of social sector pensioners living on farm territories with land shares (shares) by decisions of labor collectives during the reorganization of agricultural enterprises is considered legitimate and not subject to revision."

Privatization of plots

Shares are subject to mandatory privatization . The registration process includes several steps:

At the very beginning, you need to submit an announcement to the media about your intention to allocate an allotment from common property. The advertisement is submitted to regional and district newspapers. It should contain all information about the site and the date of the meeting.
The second step is to hold a meeting and sign the minutes. The meeting shall be held no earlier than 30 days after the announcement was published.
Concluding an agreement for land surveying and drawing boundaries. The result will be obtaining a land deed.
After the land surveying procedure, the documents are submitted to obtain a cadastral number.
The last step is to register ownership of the site.

The process of privatization of land shares is very long. The minimum period is six months, the maximum period in practice can reach 12 months.

Lawyer Anisimov Representation and defense in court

The problem is that it is quite expensive. There is an option to buy a huge plot in shares for several people, for one of them, for an organization. Then you won’t have to make such a selection of the site. Another disadvantage of such lands is that they are for agricultural purposes, that is, the construction of residential buildings on them is prohibited, only outbuildings are possible. But living in an outbuilding is also possible, but you won’t be able to register in it. After all, you can register only in a residential building, which is located within the boundaries of a populated area, but beyond the boundaries, and even in a building or just on a plot of land, it is impossible. But no one forbids you to retain your city registration or make it in the nearest village. If the land is pasture or arable land, planting perennial trees and shrubs on it is prohibited, except for forest shelterbelts. For such a case, there are agricultural lands of perennial plantings, that is, gardens. Of course, it is possible to transfer land from one category to another, but it will be necessary to provide a project made at NIIGIPROZEM. This option is also not the cheapest. The option of transferring agricultural land to another category is many times more difficult and expensive. This can only be done through the regional administration. After the advent of the new Land Code, local and district administrations no longer have this right. But on the other hand, why create such difficulties for yourself. After all, you can not build a palace, but calmly call a one-story heated country house an outbuilding. It will probably be necessary to convert arable agricultural land into permanent agricultural land so that trees and shrubs can be planted, but this is not a fact. In any case, this option is much cheaper. After all, even if the land is private property, you will not be able to do on it what you want and how you want.

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Decision of the Dobrinsky District Court of the Lipetsk Region dated April 4, 2021

According to a copy of registration card N of CPSU member A.S. Pershin from DD.MM.YYYY to DD.MM.YYYY he worked as a foreman of a tractor team at the collective farm named after. . ; from DD.MM.YYYY to DD.MM.YYYY tractor driver of the collective farm named after. . ; with DD.MM.YYYY was a pensioner.

The defendant, a representative of the administration of the Dobrinsky municipal district of the Lipetsk region, did not appear at the court hearing, was notified in a timely and proper manner, and considers it possible to satisfy the claims subject to the provision of evidence in accordance with the requirements of Art. 55-56 of the Code of Civil Procedure of the Russian Federation and asks to consider the civil case in the absence of their representative, for which he provided a response to the statement of claim.

How land was allocated on collective farms

In the USSR, all citizens, regardless of gender, age, nationality, religion, living in this area have the right to receive personal land in rural areas (collective farmers, agricultural specialists, workers and employees, teachers, medical and other equivalent workers, some categories pensioners, etc.). The land legal capacity of these citizens arises (as well as property legal capacity) from the moment of birth and ceases with their death. The law does not establish an age limit at which the right to use land would cease. Land legal capacity of citizens begins at 18 years of age.

The decision or resolution of the local authorities, or an extract from the minutes of the general meeting of collective farmers - I think that is already in the archives of the administration, because more than 10 years have passed and if the collective farm/state farm does not exist. If it nominally still exists, then look there for when the granny was allocated a share. Our district land committee issued certificates of ownership of shares (pink 1994), the basis there was a resolution of the district administration for a specific collective farm/state farm. When they now went to allocate these shares, then the kolhozes actually began to have a shortage of land. I think they want to force a relative to transfer the rights to a share, but not officially, but as if to refuse. She really could not sign anything if she was not given a certificate of ownership of the share, but simply with a choke According to some act, a share was left behind her. She might not have known about it at all - she was voluntarily and forcibly allocated, for example, as an honorary collective farmer. Land Code of the Russian Federation may be provided to citizens on the right of common ownership free of charge in cases provided for by the laws of the constituent entities of the Russian Federation. The list of categories of citizens entitled to receive a land share and the procedure for determining the size of the land share are established by the law of the subject of the Russian Federation. It is also necessary to take into account that the State Property Committee of the Russian Federation and the Ministry of Agriculture of the Russian Federation approved the List of agricultural enterprises that are not subject to the Decree of the Government of the Russian Federation of December 29, 1991 No. 86 “On the procedure for the reorganization of collective farms and state farms.”

How to find out where the property share allocated to a collective farm employee is located

For several years now, about three thousand residents of the Odintsovo district of the Moscow region have been demanding compensation for the land on which the innovative one will be built (at the moment, according to official data, 300 hectares of land have been allocated to the Skolkovo Foundation. However, experts argue that this land will not be enough, and the state will be forced to allocate at least another thousand, or even one and a half thousand hectares).

Mass privatization of land and property was carried out. All employees of collective and state farms were given the right to receive free land and property shares, but not everyone was able to realize this right. – During the 1990-2021s, a significant number of land transactions were carried out in the Krasnodar Territory that were contrary to the law.

Question on the merits (Collective farm)

Well, everyone was given the same 200. No one was offended. We divided the profits equally. And the explanations why the contract is for 7ts. If they didn’t fulfill it, there will always be some - a bad year, force majeure circumstances. . Maybe we shouldn’t butt heads with the collective farm, but give the mother-in-law a share.

First you need to get this document and make a scan from it. Maybe you know an accountant from there? Then take the appendix to the contract. This is enough to file a class action lawsuit. First, send them a Pre-Trial Claim. Perhaps it will be possible to settle the matter peacefully. Wait for a written refusal. Then attach a written refusal to the claim to the court.

Application from the collective farm for the allocation of a share

A land share is a plot of agricultural land. Their distribution began during the agrarian times at the end of the last century. It was at that time that a huge number of land owners appeared, some of whom to this day do not understand its value. Perhaps this is due to this.

Shared ownership is represented by a certain type of right of one person only to a certain part of the property. It occurs when two or more people purchase an apartment or building.

How can you dispose of it?

There are several options for how you can dispose of your land share:

Option 1. Sell to a collective farm, farmer or co-owner of a share.
Option 2. Draw up a gift agreement. There are often cases when, in order to avoid any difficulties, the seller draws up a gift agreement for the buyer, but in this case there is a high risk that the buyer will not pay.
Option 3. Allocation in kind. In this case, the share is allocated both individually and for a group of shareholders. If a share is allocated to one person, then he no longer becomes a shareholder, but the owner of the plot. In the second case, the shareholder has the right to part of the newly formed plot.

In any case, the process of processing documents will be quite difficult and lengthy.