Article 261. Land plot as an object of ownership rights

Form of ownership - the form of the owner’s rights to certain property or other valuables. Modern legislation recognizes the equal existence of many rights associated with the subject and object of ownership. The criteria for choosing the type of management are quite varied, so it is necessary to know what forms of ownership there are and what their features are.

Forms and types of property

Property rights in the Russian Federation are based on a system of legal norms that secure and protect the citizen’s ability to manage values.

Classification

The Civil Code (hereinafter referred to as the Civil Code) of the Russian Federation establishes 4 types of property, which vary depending on the type of property.

Types of property according to the Civil Code of the Russian Federation:

1. State - property under federal supervision. It is necessary for the work of the state and its subjects. For example: government buildings or defense installations.
2. Municipal - values ​​belonging to local governments. Such facilities play an important role in regional infrastructure. For example: hospitals, schools or dormitories.
3. Public - represented by a set of groups of owners.
4. Private - property that an individual has the right to dispose of to any extent.

However, these are not the only types of property. The legislation also establishes the classification of property according to other criteria, which will be applied depending on the situation.

Other signs of classification of values:

• according to the form of appropriation of various forms of property - individual, collective and state;
• by type of property;
• by type of production relations - feudal, capitalist, socialist and slaveholding.

Most often, legislation turns to the second classification criterion due to convenience and simplified division of objects into categories.

Second feature. Determining the price of property

When an auction is held, the sale price of a land plot is determined based on its results or in the amount of the initial price of the auction item (for example, if there was a single application for participation).

If no auction was held, then the price is determined in the manner established:

1) by the Government of the Russian Federation, in relation to land plots in federal ownership;

2) by a government body of a constituent entity of the Russian Federation, in relation to land plots owned by a constituent entity of the Russian Federation, and land plots for which state ownership is not demarcated;

3) by a local government body, in relation to land plots that are in municipal ownership.

In this case, the price cannot exceed the cadastral value of the plot or another size if it is established by law of the Russian Federation.

Third feature. Turnover

Lands withdrawn from circulation are not provided for private ownership and cannot be the subject of any transactions. For lands with limited circulation, this is possible only in exceptional cases, which are established by federal laws.

Legislation of the Russian Federation

The main legislative documents establishing the features and classification of various forms of governance are the Constitution and the Civil Code of the Russian Federation.

In accordance with the law, the main task of identifying forms of ownership is to determine the legal regime of property and the opportunities that the owner has in relation to values.

Paragraph 2 of Article 8 of the Constitution of the Russian Federation recognizes various types of property management and ways to protect the rights of citizens. A similar division is carried out by Article 212 of the Civil Code of the Russian Federation, which adds smaller categories of values.

Forms and types of property in the Russian Federation

The legislation of the Russian Federation defines four main forms of values, which are determined by the belonging of values ​​to certain entities.

Types of ownership:

• state;
• municipal;
• public;
• private.

The defining type of property in the economy is private - this is due to its territorial distribution.

Useful video

For information about the types of property and options for obtaining a land plot, watch the video:

Let's summarize. How can you take the land you like into ownership from the state? You can only register land that is in free circulation. Sites that are part of national parks and street areas, as well as those that are subject to government restrictions, cannot be registered.

What is needed to carry out land privatization on preferential terms? You can count on free privatization if your plot is in perpetual use, is an inherited property, or is registered in a gardening partnership.

Since February 2020, you can register 1 hectare of land for free for each family member in the Far Eastern Federal District, regardless of your place of residence. Remember that you need to start mastering it within five years.

Private

The Civil Code and the Constitution of the Russian Federation establish the concept of “inviolability of private property,” which protects the owners of such property from the illegal seizure of their valuables by other people.

Depending on the form of management, it is customary to distinguish two types of private property:

• individual;
• public.

Moreover, each type has subcategories, which also have their own legal characteristics and legal justification. They are described in detail by the Civil Code of the Russian Federation.

The individual form of private property is divided into:

• form of unity - all benefits are owned by a single citizen who can attract hired workers;
• partnerships - an association of individuals to conduct business activities;
• cooperative - individuals form capital through the sale of free shares.

Public is divided into:

• collective form, in which management rights are shared among workers;
• state - the property belongs to the city or town;
• national - values ​​that belong to all residents of the state (museums, memorial sites, etc.);
• combined - formed when different forms of property are combined.

Joint and shared ownership play an important role in the life of an ordinary citizen, because each person, in one way or another, is involved in this form of property management.

Joint

Joint property is property that simultaneously belongs to two or more citizens. At the same time, the values ​​are not divided between individuals, that is, the partners own them on an equal basis. This happens between spouses after marriage. For example, an apartment purchased during marriage will not be divided into shares, but is considered common.

This point does not apply to values ​​acquired before the conclusion of a legal union. That is, real estate purchased before marriage will not become common after signing the documents.

The legal characteristics characteristic of joint property are described in the Civil Code of the Russian Federation.

Share

Shared ownership is property owned by two or more persons, which is divided into shares depending on the investments made or the territory purchased. With this form of ownership, the division of values ​​can occur regardless of whether the citizens are relatives.

In order for ownership to be legal, shares must be officially registered. After this procedure, the participant acquires the right to real estate.

Public

Public property is property owned and managed directly by society, represented by a collective entity.

There are three forms of public ownership:

1. State - arises as a result of the internal activities of the country. This could be nationalization or construction at the expense of the federal budget.
2. Collective - public organizations, churches or parties.
3. Municipal - property owned by local authorities.

The current legislation ambiguously defines the concept of “public property”. In theory, everything that is not private is public, but in practice it works differently: even parks can be commercial.

State

State property is property that is owned by the Russian Federation. Moreover, all the results of labor obtained within the framework of federal property can be used exclusively by the state.

The role of state property in the country's economy:

• a similar form is necessary in those industries where there is no place for private business: energy supply or railway transport;
• production of public goods: the defense capability of the state, the operation of the road network, etc.;
• carrying out the nationalization of enterprises in order to rebuild the economy;
• organization of a single economic space.

A distinctive feature of state ownership is that it loses to private ownership in terms of economic efficiency due to less interested control.

State property can be created in several ways:

• construction of facilities at the expense of federal budgets;
• purchase by the state of controlling stakes in the enterprise;
• nationalization of unprofitable but socially useful companies.

Property may also become government property if the property is seized by federal law enforcement agencies.

Municipal

Article 8 of the Constitution of the Russian Federation recognizes municipal property as an independent category and does not equate it with state property. A distinctive feature of this method of management is that property is disposed of by self-government bodies in accordance with the will and interests of the local population.

Municipal property is divided into three types:

• city ​​property;
• rural;
• possessions of other municipalities.

The procedure for managing municipal assets is established in Part 2 of Article 125 of the Civil Code of the Russian Federation. The regulations shift the responsibility for managing structures to local officials and, in some cases, directly to the public.

Local property is of a targeted nature - this determines its characteristics, methods of exploitation and features of the formation of values.

Municipal property includes property necessary for:

• to quickly resolve issues at the regional level;
• for local authorities to fulfill their tasks established at the state level;
• for the full functioning of local officials.

If local executive authorities have a facility that is not intended to fulfill one of these purposes, then it can be repurposed or sold into private ownership.

Land ownership

In its most general form, property is the relationship of people to objects of the material world, manifested in economic and production relations between people in the process of production, distribution of exchange and consumption of various goods, as well as in legal norms and in the form of moral rules [1, p.21].

Under land ownership

understand the right of the owner of a land plot to take any actions in relation to it at his own discretion that do not contradict the law and other legal acts, do not violate the rights and legally protected interests of other persons and do not cause damage to the environment.

Despite the fact that land owners are constitutionally granted the right to independently own, use or dispose of them, there are still certain permanent or temporary restrictions.

In accordance with Art. 42 of the Land Code of the Russian Federation, permanent restrictions include the following responsibilities: preserve boundary, geodetic and other special signs located on the territory of the land plot and carry out measures to protect the lands belonging to it. Also, the rights of the owner limit the rights of the state to compulsorily purchase a land plot from the owner for state or municipal needs. Temporary restrictions include, for example, the owner’s obligation to use land plots in accordance with their intended purpose and belonging to a particular category of land and only in a permitted manner.

It is also necessary to distinguish between the concepts of subject and object of property.

(Table 1).

Table 1

Subjects and objects of property

Land ownership includes three basic concepts (elements, powers): possession, use and disposal of a land plot

:

• ownership of a land plot is the primary component of ownership, physical control over the plot based on the law. It creates the necessary prerequisites for the implementation of two other powers - use and disposal. Ownership of a land plot is its possession as property (for a legal entity this is the ability to list it on its balance sheet);
• land use - the right to use not only the surface of the land plot and its soil cover, but also the mineral resources and water resources available on the land plot, that is, the opportunity to extract its beneficial properties; also, if this corresponds to the intended purpose of the plot, residential and industrial buildings can be built on it , cultural and other buildings and structures. That is, the use of a land plot is the use of a property in accordance with its purpose at the discretion and desire of the user and owner;
• disposal of a land plot is a comprehensive way of implementing the relationship between the object and the subject of ownership; the right to decide how and by whom the land plot can be used; the opportunity for the owner to determine the legal fate of his land.

The structure of land ownership is reflected

in table 2.

table 2

Land ownership structure

All functions of land ownership are divided into general (the right to perform or not to perform certain actions in relation to the land) and special (determined by the intended purpose of the land plot, the peculiarities of the legal status of the owner or other circumstances).

In the Russian Federation, the right of ownership of land is protected by law, therefore the owner has the right to reclaim his land plot from someone else’s illegal possession, as well as demand the elimination of any violations of his property rights, even if they are not related to deprivation of possession of the land plot.

The Land Code of the Russian Federation provides for all the grounds for the emergence of land ownership rights. The Civil Code of the Russian Federation regulates the grounds for the emergence of land ownership and arises from the following documents: contracts, acts of a state body or local government, court decisions, and acquisitive prescription.

Type of ownership

– economic concept.
According to the definition of the Constitution of the Russian Federation (Article 9, Part 2), land and other natural resources can be in private, state, municipal
and other forms of ownership.

Private property - land plots acquired by citizens and legal entities of the Russian Federation on the grounds provided for by the legislation of the Russian Federation (clause 2 of article 15 of the Land Code of the Russian Federation) and by foreign citizens and legal entities and stateless persons (clause 5 of article 15, clause 5 of art. 28 of the Land Code of the Russian Federation). They are the owners of land plots acquired on the grounds provided for by law; have the right to equal access to the acquisition of land ownership; may receive ownership of state and municipal lands; owners of buildings and structures can privatize state land plots on which they are located (clause 1.9, article 36 of the Land Code of the Russian Federation), and foreign persons, subject to the restrictions established by law (clause 5 of article 15, clause 4 of article 28 of the Land Code RF); Land plots nationalized before January 1, 1991 are not subject to return, compensation or compensation (Article 25 of the Land Code of the Russian Federation).

There are two types of state ownership of land:

1. Federal - state property of the Russian Federation as a whole - includes all land that is not directly transferred to private, municipal or the property of the subjects of the Federation. The purpose of which is to meet the needs of defense and security, border protection and other national functions. The rights of the owner are exercised by federal authorities, and in cases provided for by law - by legal entities. Ownership is not associated with mandatory use of land.
2. Subjects of the Russian Federation - state property of republics, territories, regions, districts, autonomous regions and autonomous okrugs, cities of federal significance - within territorial boundaries, with the exception of lands transferred to federal, municipal, private and other forms of ownership. The purpose of which is to solve the problems of the subject of the Federation. Land management is carried out by state and local self-government bodies by issuing new legal acts. The subjects of ownership themselves do not carry out economic exploitation of the lands. The right of the owner coincides with the implementation of regulation and control over the use of all categories of land.

Municipal property is a territory within the boundaries of municipalities (cities, etc.) of various categories, the main purpose of which is to serve the needs of the local population, public utilities, engineering infrastructure, landscaping and for municipal organizations. The rights of the owner are exercised by local government and administration bodies and legal entities and individuals, in cases provided for by regulations.

So, the right of ownership of land is proclaimed by the Constitution of the Russian Federation, it is included in the fundamental rights and freedoms of man and citizen, which are inalienable, directly effective and cannot be changed except in the manner established by Art. 17, 18 and 64 of the Constitution of the Russian Federation.

Literature:

1. Goremykin V.A. Modern land market in Russia: Practical guide. –M.: Publishing and trading corporation “Dashkov and K”, 2005. -624 p.
2. Constitution of the Russian Federation. Anthem of the Russian Federation. – Novosibirsk: Sib. Univ. publishing house, 2009. – 32 p. – (Codes and laws of Russia).
3. Land Code of the Russian Federation. – Novosibirsk: Sib. Univ. publishing house, 2009. – 112 p. – (Codes and laws of Russia).
4. Short course on land law: textbook. allowance / G.S.Antosevich. – M.: Publishing house “Okey-book2”, 2008. – 123 p.

Formation process

The process of ownership formation directly depends on the object, its goals and purpose. According to economic theory, property can be considered useful only when it brings benefit and benefit to its owner.

Private values ​​are formed as follows:

• acquisition by an individual or legal entity of certain property;
• the taking away of state facilities in favor of private individuals;
• creating your own enterprise through the association of several citizens.

In a capitalist society, private property plays the most important role in the economy, so the state is increasingly trying to give up its property, transferring it into the hands of private owners.

Formation of state property:

• construction of the facility using federal funds;
• nationalization of socially useful organizations;
• purchase of a controlling stake in an enterprise.

A developed state is trying to distance itself as much as possible from private enterprises. Nationalization in modern realities is a rare phenomenon.

Social ownership is formed through the distribution of ownership rights among team members at a particular enterprise. As a rule, with this approach a closed joint stock company is formed.

Municipal values ​​appear:

1. In special ways - cash proceeds from privatization, local taxes, administrative fines and fees for the exploitation of natural resources.
2. General civil - the creation of property at the expense of municipal funds or the acquisition of property from private individuals.

The main task of municipal property is that it must fulfill specific goals necessary for the normal functioning of the settlement.

Denationalization process

Denationalization is usually understood as the process of transferring property from the state into the hands of private individuals. The procedure includes several directions, the main one of which is reducing the share of public sector participation in the country’s economy.

Denationalization is a system of measures aimed at transforming state property to eliminate excessive state participation in the economy.

Among other things, the procedure means the almost complete removal of most economic management functions from the state, but this does not mean that the country’s leadership ceases to play a significant role in the market economy.

Main methods of denationalization:

• liberalization of markets - opening up new opportunities for the establishment of a market by new economic entities;
• commercialization - transfer of state organizations to commercial calculation;
• encouraging the creation of mixed enterprises;
• denationalization.

All four tools are used in combination, resulting in changes in the forms of management of the organization and improvement of the mechanism of the market economy.

Individual cases

According to the comments to the Constitution of the Russian Federation, individual cases of forms of ownership mean various public associations, for example, trade unions or political parties. They cannot be considered a private species, although officially they are legal entities, but it is also impossible to recognize them as a public organization.

Features of types of property for business in Russia:

Organizations

Due to gaps in the legislation, there are a number of organizations that are quite difficult to classify as one of the forms of property. This is due to the features of the structure and the functions performed.

"Special" organizations:

• unions;
• political parties;
• religious organizations.

Many experts believe that such companies belong to public property, but this cannot be legally confirmed.

Enterprises

For enterprises, the legislation distinguishes other forms of ownership, based on the characteristics of the organizational structure or on the shares of invested capital.

Other forms of property characteristic of the enterprise:

• mixed property - property based on a combination of different types of ownership;
• foreign - values ​​owned by foreign persons;
• intellectual - the objects are the results of mental activity.

The rights of the last category of property are protected by special laws: on copyright and related rights, legal protection of programs for electronic computers, etc.

Real estate and residential premises

For residential and non-residential real estate, there is only one “other” form of property - general, which is divided into two categories depending on the management style.

Categories of general values:

1. Joint - occurs between legal spouses. In this case, the real estate is not divided into shares, but belongs to the partners simultaneously.
2. Shared - the property will be divided into equal shares. In this case, ownership and disposal of property occurs by consent of the owners.

A striking example of the second form is an apartment purchased under an equity participation agreement. A residential building is represented by private property - apartments, which are shares, and common property in the form of entrances, elevators and basements.

What categories of land are not subject to privatization?

You will not be able to privatize several categories of plots:

• land plots within the boundaries of national parks and reserves , including the land of the Forest Fund, are not subject to privatization;
• areas adjacent to transport hubs , highways and other transport infrastructure;
• territory reserved for state and municipal needs , including for the future implementation of regional development projects;
• areas that have been contaminated as a result of man-made disasters or natural disasters; public territory - parks, parts of streets, etc.

In some cases, the authorities may make concessions and allow the privatization of a particular land plot for an individual. However, in most cases you will be refused.

REFERENCE! Preparing documents is a labor-intensive process, so before doing so, be sure to ask whether the land belongs to one of these categories.

Call a lawyer
We will select a specialist for you

8 Moscow

8 SPb

Subjects of the economic market

Subjects of the economic market are enterprises, households and the state, united in a single system of economic relationships and performing certain functions. Separate forms of management are provided for them.

It must be remembered that since 2020 there are no such management methods as CJSC and OJSC. They were replaced by public and non-public organizations.

OOO

A limited liability company (LLC) is a form of property management in which the capital of the organization is formed from the contributions of participants. They take an active part in the promotion and development of the enterprise.

Features of the LLC ownership form:

• the minimum amount of authorized capital is 10,000 rubles;
• all decisions are made at general meetings by voting;
• The founders who created the LLC do not bear financial liability for material damage resulting from their activities.

It is the last point that ensures the popularity of LLCs: citizens or organizations that are part of the company do not bear material risks in the event of bankruptcy of the company or its arrest. A striking example of an LLC in Russia is the Renault car assembly plant.

Individual entrepreneurs

An individual entrepreneur (IP) is the simplest form of property that has proven itself for beginning businessmen. In modern realities, it is the most popular type of management.

Why you should open a sole proprietorship:

• there is no minimum amount of money to start an activity;
• relatively little reporting;
• no territorial restrictions;
• Besides taxes, all earnings go directly to the entrepreneur.

The main feature of individual entrepreneurs is that the owners are fully responsible for material damage caused by the organization. That is, the entrepreneur will have to cover the debt from his property in the event of bankruptcy.

Partnerships

Partnership is a voluntary association of two people who come together to conduct a joint business for the purpose of making a profit. Partnerships may differ in the degree of participation of partners in the company’s activities, but this will not change the essence of the organization.

Benefits of partnership:

• easy organization - just sign an agreement;
• large initial capital due to the combination of people;
• simplified company management due to the distribution of responsibilities between owners.

The main disadvantage of a partnership is equal rights in management. Sharing power can lead to conflicts of interest.

Joint ownership

The concept of “joint property” is regulated by Articles 33-34 of the Family Code and paragraph 1 of Article 256 of the Civil Code of the Russian Federation.

Confirmation

Joint property appears when citizens enter into official relations, therefore the marriage document confirms the emergence of the right to common values.

General package of documents that can confirm the rights to ownership of property:

• passport with a note indicating the presence of an official partner;
• registration certificate;
• if any: marriage contract;
• children's birth certificates.

Selling Features

The main feature of joint property is that it is not divided into shares and belongs entirely to the partners. For this reason, the sale of such property is impossible without the notarized consent of the second spouse.

Otherwise, the alienation of joint assets is completely similar to the process of a standard sale under a contract. The transfer of rights is formalized through Rosreestr, and the state duty for making adjustments to the Unified State Register is 350 rubles.

Share in an apartment

Shared ownership is ownership of property that is divided into shares, usually depending on the personal contribution of the citizen. This type of value management is emerging for three reasons.

Formation of shared values:

• the property was inherited by several citizens;
• the property was purchased or accepted as a gift by two or more people;
• values ​​are divided between spouses (for example, during divorce).

The percentage of shares is indicated in the document that confirms the rights to dispose of the object.

Tax deduction

The distribution of tax deductions between spouses is established by law. So, if more than 4 million were spent on an apartment, then each partner can receive a maximum deduction of 2 million rubles.

If expenses are less than 4 million, then the share will be distributed in accordance with the wishes of the spouses. For example, 30/50 or 50/50. The size of the deduction will not depend on who the apartment is registered to or who spent more money on its purchase.

Article 261. Land plot as an object of ownership rights

Ruling of the Supreme Court of the Russian Federation dated September 24, 2018 N 308-ES18-13828 in case N A15-3163/2017 The owner of a land plot, by virtue of Article 261 of the Civil Code, has the right to use at his own discretion everything that is located above and below the surface of this plot, if otherwise is not provided for by laws on subsoil, on the use of airspace, other laws and does not violate the rights of other persons.

Ruling of the Supreme Court of the Russian Federation dated May 23, 2018 N 310-KG18-5215 in case N A84-265/2016

As a general rule, the beginning of the calculation of the limitation period begins from the day when the person learned or could have learned about the violation of his right or about the person who violated it (Part 1 of Article 261 of the Civil Code of Ukraine). According to Article 267 of the Civil Code of Ukraine, the limitation period is applied by the court only upon the application of a party to the dispute made before its decision. Missing the limitation period, the application of which is declared by a party to the dispute, is grounds for refusal of the claim. If the court recognizes valid reasons for missing the limitation period, the violated right is subject to protection.

Ruling of the Supreme Court of the Russian Federation dated August 6, 2018 N 310-ES18-10801 in case N A83-366/2017

In resolving the stated claims, the courts, guided by the provisions of Article 9 of Federal Law No. 6-FKZ “On the admission of the Republic of Crimea to the Russian Federation and the formation of new entities within the Russian Federation - the Republic of Crimea and the federal city of Sevastopol”, Articles 60, 61, 63, 65 Family Code of Ukraine, Articles 256, 257, 261, part 2 of Article 369 of the Civil Code of Ukraine, explanations given in paragraph 30 of the Resolution of the Plenum of the Supreme Court of Ukraine dated December 21, 2007 N 11 “On the practice of application of legislation by courts when considering cases on the right to marriage, dissolution of marriage, recognition of its invalidity and division of the common property of the spouses,” came to the conclusion that the plaintiff missed the statute of limitations, the application of which was declared by the defendant, which is an independent basis for refusing the claim.

Ruling of the Supreme Court of the Russian Federation dated October 26, 2018 N 301-ES18-10194 in case N A39-7480/2015

Based on the principle of the unity of fate of land plots and objects firmly connected with them (subparagraph 5 of paragraph 1 of Article 1 of the Land Code of the Russian Federation), as well as the provisions of paragraph 1 of Article, paragraph 2 of Article 261 of the Civil Code of the Russian Federation, land plots covered by surface water bodies inextricably linked with them, are also in federal ownership, regardless of whether this right is registered with the Russian Federation.

Determination of the Judicial Collegium for Economic Disputes of the Supreme Court of the Russian Federation dated January 17, 2019 N 310-ES16-19881 in case N A84-130/2016

Having re-examined and assessed in aggregate and mutual connection the evidence presented in the case, guided by the provisions of Part 1 of Article 23 of the Federal Constitutional Law of March 21, 2014 N 6-FKZ “On the admission of the Republic of Crimea to the Russian Federation and the formation of new entities within the Russian Federation - the Republic of Crimea and the federal city of Sevastopol" (hereinafter referred to as Law No. 6-FKZ), articles 9, 14, 65, 71 of the Arbitration Procedure Code of the Russian Federation, articles 244, 246, 256, 257, 261, 264 of the Civil Code of Ukraine, articles 181, 196, 200, 203 The Civil Code of the Russian Federation, having established that the defendant committed actions indicating an interruption of the limitation period, having independently calculated additional claims, having come to the conclusion that the plaintiff had not proven the fact that he had incurred losses in the declared amount, the appellate court overturned the decision of the trial court, partially satisfying claims of the company "SK-Yauza".

Ruling of the Supreme Court of the Russian Federation dated March 25, 2019 N 310-ES19-1562 in case N A14-3566/2018

In refusing to satisfy the stated demands, the courts were guided by the provisions of Articles 260, 261, 304, 305, paragraph 3 of Article 552 of the Civil Code of the Russian Federation, the explanations contained in paragraph 45 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 10, the Plenum of the Supreme Arbitration Court of the Russian Federation No. 22 of April 29. 2010 “On some issues that arise in judicial practice when resolving disputes related to the protection of property rights and other property rights”, and correctly proceeded from the fact that the fact of the presence of a railway dead end G-20 structure on the land plot, which has the characteristics of a capital construction project, established by a court decision in case No. A14-7117/2016 on the basis of the conclusion of expert A.N. Kondakov, which, by virtue of Article 69 of the Arbitration Procedure Code of the Russian Federation, has prejudicial significance in relation to the circumstances of this case.

Ruling of the Supreme Court of the Russian Federation dated June 3, 2019 N 98-PEK19 in case N A84-130/2016

In resolving the dispute, the Judicial Collegium of the Supreme Court of the Russian Federation was guided by the provisions of Part 1 of Article 23 of the Federal Constitutional Law of March 21, 2014 N 6-FKZ “On the admission of the Republic of Crimea to the Russian Federation and the formation of new entities within the Russian Federation - the Republic of Crimea and the federal city of Sevastopol » Articles 9, 14, 65, 71 of the Arbitration Procedural Code of the Russian Federation, articles 244, 246, 256, 257, 261, 264 of the Civil Code of Ukraine, articles 181, 196, 200, 203 of the Civil Code of the Russian Federation and agreed with the conclusions of the courts of appeal and the district that the defendant committed actions indicating an interruption of the statute of limitations, in connection with which the funds received under a transaction previously declared invalid in court are subject to recovery from him.

Ruling of the Supreme Court of the Russian Federation dated 06.06.2019 N 310-ES19-10025 in case N A83-9225/2017

Resolving the stated claims, the courts, guided by Articles 253, 254, 256, 257, 260, 261 of the Civil Code of Ukraine, Articles 195, 196, 199 of the Civil Code of the Russian Federation, having established that based on the decision of the Economic Court of the Autonomous Republic of Crimea dated October 19, 2010 case No. 2-6/4026-2010 on the termination of a land lease agreement dated December 25, 2006, an order was issued on November 22, 2010 for the forced execution of a court decision by the debtor of the Vera Group private enterprise, the courts came to the conclusion that the legal predecessor of the company in December 2010 year should have learned about the circumstances indicated as a significant violation by the Administration of the terms of agreement No. 4. Taking into account that the bankruptcy proceedings of the Vera Group private enterprise were initiated by the ruling of the Economic Court of the Autonomous Republic of Crimea dated 09/05/2011, however, neither the executive body of the Vera Group private enterprise, nor the arbitration manager of the named legal entity filed a claim for termination of contract No. 4 and recovery of funds in the amount of 4,980,884.48 Ukrainian hryvnia, came to the conclusion that the claim was rejected due to the missed deadline statute of limitations, the application of which is claimed by the defendant.

Appeal ruling of the Judicial Collegium for Administrative Cases of the Supreme Court of the Russian Federation dated June 25, 2019 N 14-APA19-5

Thus, according to paragraph 3 of Article 261 and paragraph 3 of Article 209 of the Civil Code of the Russian Federation, ownership, use and disposal of land and other natural resources, to the extent that their circulation is permitted by law (Article 129), are carried out by their owner freely, if this does not harm damage to the environment and does not violate the rights and legitimate interests of others.

Ruling of the Supreme Court of the Russian Federation dated February 28, 2017 N 306-ES16-21445 in case N A55-2910/2014

Satisfying the requirements of Kvartal-Togliatti LLC, the court of first instance, guided by Articles 209, paragraphs 2, 3 of Article 261 of the Civil Code of the Russian Federation and the explanations given by the Supreme Court of the Russian Federation in paragraph 13 of the Plenum Resolution of June 23, 2015 N “On the application by courts certain provisions of Section I, Part One of the Civil Code of the Russian Federation,” came to the conclusion that the case materials proved the fact of unlawful behavior of the predecessor of PJSC “T Plus”, expressed in the placement of the Heating Main on a land plot that did not belong to it, and the impossibility of using the specified parts of the land plot for its intended purpose as a result of these actions, which entails causing losses.

Ruling of the Supreme Court of the Russian Federation dated January 23, 2020 N 310-ES19-27266 in case N A83-1100/2018

In rejecting the claim, the courts were guided by the provisions of Articles 256, 257, 260, 261, 267 of the Civil Code of Ukraine, the Federal Constitutional Law of March 21, 2014 N 6-FKZ “On the admission of the Republic of Crimea to the Russian Federation and the formation of new entities within the Russian Federation - the Republic Crimea and the federal city of Sevastopol” and proceeded from the fact that the plaintiff missed the statute of limitations.

Privatization of housing

Privatization is a process launched on July 4, 1991, within which the transfer of state-owned residential real estate into the private ownership of citizens is realized. The features and procedure for privatization are established by Federal Law No. 178 of December 21, 2001.

Requirements

In accordance with Article 2 of Law No. 1541-1, the right to privatize real estate is available only to a limited number of persons who meet the regulated requirements.

Primary requirements:

• the citizen must be a resident of the Russian Federation;
• have documentary rights to own property under social rental conditions;
• the primary fact of applying for re-registration of rights (it is prohibited to carry out the procedure twice).

Registration is carried out by the State Register, but before this the citizen will have to obtain permission from the BTI and the Housing Office.

Advantages and disadvantages

It would be a mistake to believe that the privatization procedure has only advantages. Due to its specifics, it may not be suitable for some citizens.

Advantages of privatization:

• the citizen becomes the full owner of the property with all that it entails;
• you don’t need to buy your home—it’s enough to pay for government services for re-registration;
• the ability to organize free redevelopment;
• reducing the risk of being evicted from the apartment.

Disadvantages of the procedure:

• increase in housing operating costs - changes will affect rent and contributions for major repairs;
• the majority of non-privatized real estate are worn-out structures that need repairs;
• payment of real estate tax - citizens living in municipal buildings are exempt from it.

The main disadvantage of privatization is the increase in financial costs of living in an apartment. You will have to pay taxes that previously did not apply to citizens.

Buying a home in a new building

In most cases, the purchase of housing in a new building occurs under an equity participation agreement (hereinafter referred to as DPA). This type of transaction is regulated by Federal Law No. 214 of December 30, 2004.

The main difference between a DDU and a sales contract is that a citizen does not acquire an apartment, but the right to claim it in the future, after construction is completed. In this case, the developer undertakes to transfer the housing into the hands of the buyer.

Advantages of buying an apartment under DDU:

• guarantee of obtaining new housing;
• the impossibility of adjusting the price on the part of the company after the conclusion of the contract;
• the possibility of unilateral termination of the contract;
• the presence of penalties for delays in construction.

Flaws:

• long paperwork due to the need for registration;
• limited payment terms established by the agreement;
• The maximum installment period is 5 years.

DDU is a convenient tool for concluding a deal for both the developer and the citizen. It simplifies many procedures, but at the same time has a number of significant disadvantages.

How to buy a plot of land.

Rights to land plots arise on the grounds established by civil legislation, federal laws, and are subject to state registration.

Of course, the most common basis for the emergence of ownership is purchase.

Currently, land plots can be owned by citizens, legal entities (private property), as well as state and municipal property.

You can make a purchase either from a private person or from the state; in the latter case, the transaction will have certain features.

A land purchase and sale agreement is, first of all, a real estate transaction to which the following general provisions apply:

- the agreement is concluded in writing by drawing up one document signed by the parties; failure to comply with the requirements for the form entails its invalidity (Article 550 of the Civil Code of the Russian Federation);

— the transfer of ownership to the buyer is subject to state registration (Article 551 of the Civil Code of the Russian Federation);

- data must be indicated that makes it possible to definitely establish the transferred object, otherwise the contract is not considered concluded (Article 554 of the Civil Code of the Russian Federation);

— in the absence of a price condition agreed upon by the parties in writing, the contract is considered not concluded. In this case, the rules for determining the price provided for in paragraph 3 of Article 424 of the Civil Code of the Russian Federation do not apply.

Note. In cases where a price is not provided for in a compensation contract and cannot be determined based on the terms of the contract, the execution of the contract must be paid at the price that, under comparable circumstances, is usually charged for similar goods, work or services.

The specifics of the purchase and sale of land plots are established by the Land Code of the Russian Federation (Article 37) and are as follows:

Firstly, the object of the transaction can only be plots that have undergone state cadastral registration, which is carried out in accordance with the Federal Law “On the State Real Estate Cadastre” dated July 24, 2007 N 221-FZ.

The body carrying out state cadastral registration is the Federal Service for State Registration, Cadastre and Cartography (Rosreestr), which vests the powers of the cadastral registration body in state budgetary institutions subordinate to it. In particular, such a decision was made in relation to the Federal State Institution “Land Cadastral Chamber”.

Objects that have undergone cadastral registration are assigned a unique cadastral number.

It is possible to obtain information about cadastral registration by requesting a cadastral extract about the object (a type of such extract is a cadastral passport), which must be provided within no more than 5 working days.

Secondly, when concluding a contract, the Seller is obliged to provide the buyer with information available to him about the encumbrances of the land plot and restrictions on its use.

Attention! encumbrances and restrictions may be contained not only in the Unified State Register, but also in the cadastral passport.

Thirdly, the following conditions are invalid and should not be included in the contract for the sale and purchase of a plot:

establishing the right of repurchase for the seller at his own request;

restricting further disposal and transactions with land (including mortgage, lease, etc.);

limiting the seller’s liability in the event of third parties claiming rights to the sold object.

The specified requirements also apply to the barter agreement.

Fourthly, additional guarantees have been established for buyers who have the right to demand a reduction in the purchase price or termination of the purchase agreement and compensation for losses caused in cases where the seller knowingly provides false information:

on encumbrances and restrictions on the use of the site in accordance with the permitted use;

about permission for its development;

on the use of neighboring land plots that has a significant impact on the use and value of the property for sale;

about the quality properties of the land that may affect the buyer's intended use and price;

other information that may influence the decision to purchase this site and the requirements for the provision of which are established by federal laws.

Title documents for the apartment

In accordance with the legislation of the Russian Federation, to confirm ownership rights, a citizen must have a special certificate of registration of real estate. In this case, the method of obtaining housing is not important - the certificate will be relevant in any conditions.

The certificate contains the following information:

• document number and series;
• if a copy: mark a duplicate;
• information about the owner of the apartment;
• housing data: address, area and number;
• real estate cadastral number;
• name of the title document.

Citizens who purchased housing before 2000 may not have such a certificate. They were not issued at this time, but owners may have other documents confirming ownership.

List of other documents:

• contract for the transfer of housing into personal property;
• purchase and sale agreement;
• certificate of inheritance rights;
• gift agreement;
• annuity agreement;
• share participation agreement.

A marriage contract, which comes into force during the division of property, can also be considered a document confirming rights. To obtain the right to property, you must wait for a court decision.

State registration of ownership of land

In a generalized form, the list of documents for state registration in Rosreestr looks like this:

1. application (prepared by a Rosreestr specialist)

2. receipt or other document confirming payment of the state fee

3. passport of the applicant or his representative

4. documents confirming the authority of the applicant’s representative (notarized power of attorney, document appointing the head of a legal entity)

5. constituent documents of a legal entity

6. supporting documents (agreement, act of a state/municipal body)

7. cadastral passport for the land plot (if such a document has not previously been provided, or if there have been changes in any characteristics)

8. documents on approval of a major transaction or interested party transaction, consent of spouses, permission of third parties (if applicable)

9. other documents required by law.

Registration of ownership

Since 1998, the only place that can confirm ownership of property is the Unified State Register of Rights (USRP). To receive an extract, you need to order it from Rosreestr.

If the right of management has not yet been registered, then you need to apply to the nearest multifunctional center (MFC), attaching a package of documents.

List of required documentation:

• statement;
• passport;
• certificate of purchase of real estate;
• document on registered persons;
• cadastral passport;
• a receipt confirming payment of the state duty.

Depending on the specific circumstances, MFC employees have the right to request additional documents.

Features of private property

A private owner has the right to deal with his property at his own discretion (sell, donate, bequeath, etc.) without coordination with public authorities (state or municipal bodies, their representatives). Therefore, private property is sometimes seen as the opposite of state and municipal property.

The institutions of private property become more complex as society develops, but it is an integral part of a market economy.

The transfer of ownership of property from state (municipal) to private ownership is called privatization. The reverse transition is called nationalization.