By the end of last year National law M42-FZ from December. 27, 2009 “On coming into amendments to articles 2 and 3 of national law ‘On Putting in Force the Land Code of the Russian Federation'” and article 7 of federal law “On coming into amendments to legislative enactments of the Russian Federation as regards the identifying of the conditions and procedure of acquiring headings to state- and city-owned land plots. inches
The new version of article 3, par. 2 of federal law (J137-FZ “On Putting in Force the RF Land Code” from Oct. 25, 2001 states such as this: Land Acquisition
“Legal entities with the exception of those specified in article 3, par. 1 of the Law shall convert their right of permanent, never ending use of land and building plots to the right of land lease or take possession of this land. Religious bodies shall furthermore convert their directly to the right of cuma-cuma limited use, if they so desire, until Feb. 1, 2012 in keeping with the principles specified in article 36 of the given document. ”
By Jan. 1, 2013theRFCodeon management offenses will be associated with article 7. thirty four introducing liability for the failure to meet the date and stick to the approved procedure of re-registering the right of permanent, everlasting use of land and building plots to the right of land lease or maybe the particular date and procedure of taking possession of land plenty (the penalty of legal entities ranges from 20, 000 to 100, 1000 rubles). But even the promised administrative prosecution does indeed not accelerate the process of re-registration.
But while this issue is not new, there are several issues which are in a roundabout way addressed by the law despite a well-established forensic practice:
We. Re-registering the right of permanent, perpetual use of the land plot where no real estate items are present
Perusal with this issue is caused by a sizable number of refusals to re-register the right of permanent, perpetual use of your land plot. Skilled authorities refer to the lack of real property objects on a plan as the key reason. On the other hand it is important to understand whether such refusals are legitimate.
Pursuant to article 3. par. 2 of Federal law FU37-FZ “On Putting in Force the RF Land Code” from Oct. 25, 2001, legal entities must convert their right of long lasting (perpetual) use of land and building plots to the right of lease or take own land plots, if they so desire, until Feb. 01, 2012 in collection with the prescriptions agreed in article 36 of the RF Land Code.
A reference in the given article to the need to re-register the land titles in keeping with the guidelines stipulated in article 36 of the RF Land Code provided rise to a few uncertainty about what particular land and building plots were to be re-registered. Thus article 36 is dedicated to acquiring the title to state-owned or city-owned land plots whereon buildings, structures and edifices are located.
And how should one become a title holder of those land plots (the right of permanent, perpetual use) where no real real estate objects are situated? What are the guidelines for these cases?
To answer this question, we have to switch to the existing forensic practice
Considering the conflicts related to conversion by legal entities of their right to everlasting (perpetual) use of land and building plots to the right with their lease or purchase of land plots, surfaces are recommended to take into account that pursuant to article 3, pendant 2 of Federal rules “On Putting in Push the RF Land Code” the parties to which land plots have been given before the enactment of the RF Land Code, have the right to choose between land lease contract or land acquisition in keeping with the process set in the principles of article 36 of the RF Land Code irrespective of the purposes for which the said land plots have been assigned to them (point 1 of Resolution a? 11 on some issues related to application of the Area legislation” issued by the Plenum of RF Best Arbitration Court from Marly. 24, 2005).