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Abstract

Content

Introduction

This thesis examines the specifics of land management as a strategic resource necessary for the effective development of the economy of the state as a whole, and the Donetsk People's Republic as a subject of the Russian Federation.

The purpose of this thesis is to study the characteristics of land resources as an object of management, to determine the specifics of land management and individual land plots in the Donetsk People's Republic, as well as to consider land inventory as a tool for land management.

The first section provides an analysis of the regulatory framework in the field of land relations, examines the procedure for the formation and provision of land plots to citizens and legal entities, and also identifies a number of characteristic problems in this area.

The second section of the thesis is devoted to land inventory as a means of improving land management in the Donetsk People's Republic. In the work, inventory is considered as the creation of an information system about land plots in the region, clarification of their boundaries, mapping, formation of plots in the prescribed manner with the aim of developing the land market and its effective use.

1. The main problems associated with the formation of land plots that hinder the development of the primary market

The organization of the provision of land plots of various categories has revealed a number of problems that should be considered within the framework of the formation and cadastral registration procedure, including the role of municipalities in these procedures. As already mentioned, land can be in state, municipal and private ownership [1-10].

Regarding privately owned lands, there is an acute problem of allocating plots of land and clarifying data cadastral registration.

For the most part, privately owned lands are conditional land plots of citizens, not allocated locally and not registered with the state cadastral register.

The main problem associated with lands in state and municipal ownership today is that for the most part these lands are not delimited into the actual lands of the Russian Federation, lands of constituent entities of the Russian Federation and lands owned by municipalities [12].

Today, the issue of acquiring land plots of ownership or concluding a land lease agreement with the municipality is very relevant. The demand for land in populated areas and agricultural land located close to the settlement is especially high. This is mainly due to the problem of continuous growth in housing prices, which at the moment cannot be solved, either by increasing the growth rate of construction, or by expanding mortgage lending and introducing various social programs in this area. And our region is no exception. This growing demand must be met, first of all, through the primary market, i.e., the provision of land plots from municipal and state ownership. And while the question of delimitation remains open, it will not be possible to solve the problem fundamentally. The ratio of Russian Federation lands by category is presented in Figure 1.

Structure of Russian Federation lands by category

Figure 1 – Structure of lands of the Russian Federation by category

In order to determine priority areas for action in this area, the municipality needs to have background information. It is for this purpose that it is advisable to carry out an inventory.

According to Art. 13 Federal Law of June 18, 2001 No. 78-FZ “On Land Management”, a land inventory is carried out to clarify or establish the location of land management objects, their boundaries (without fixing them on the ground), to identify unused, irrationally used or used not for their intended purpose and not in in accordance with the permitted use of land plots, other characteristics of land [11].

Land inventory can be carried out on the territory of the Russian Federation, on the territories of constituent entities, municipal and other administrative-territorial entities, on lands of certain categories, lands of industrial enterprises and settlements.

As a rule, an inventory is carried out in the absence or incompleteness of title documents for land plots, inconsistency with their actual location and area, or a change in the legal holders of land plots. The inventory procedure is mandatory when reorganizing a legal entity to draw up a separation balance sheet or a merger agreement.

Inventory materials approved in the established manner are the basis for the preparation of valid title documents, coordination and consolidation of the boundaries of land plots, land surveying and further passage of state cadastral registration [13].

Based on the results of the inventory, a land management file (report) is formed, containing the necessary land management documents and a map (plan) of the territory, which displays the location, size, boundaries of land plots, boundaries of parts limited in use, as well as real estate objects firmly connected to the land.

Based on the results of the inventory, a land management file (report) is formed, containing the necessary land management documents and a map (plan) of the territory, which displays the location, size, boundaries of land plots, boundaries of parts limited in use, as well as real estate objects firmly connected to the land.

2. Methods and forms of land management

Let us consider the definitions of the essence of municipal land management, objects and subjects of management, and the principles underlying management. Management of any system as a whole consists of ensuring the safety and sustainability of the development of this system in the general interests of its constituent elements or other systems associated with it [14].

The object of land resource management in a municipality is land plots within established boundaries, with a fixed area and legal regime within the boundaries of the entity. At the same time, the object of municipal management is not only exclusively municipal land plots, but also state-owned lands (undelimited lands). The municipality also exerts control over privately owned lands, for example, when setting land tax rates or determining the tax base.

Subjects of local government are local government bodies, and subjects of on-farm management of land plots are owners, land users, landowners, tenants represented by citizens and legal entities.

The subject of management is the formation of processes for regulating land relations and the use of land plots within the boundaries of the municipality. [15].

The goals, objectives and interests of state and municipal authorities in the field of land management basically coincide, but taking into account the fact that land payments are a source of replenishment of the local budget, there is a pronounced economic bias in municipal management.

The strategic direction of municipal land policy should be aimed at creating favorable conditions to ensure the interests of citizens and society. The implementation and functioning of modern municipal economic policy is based on the rational exploitation of property assigned to local governments. It is obvious that municipal property, especially land resources, constitute the economic basis of local government as a source of financing the local budget. Therefore, the municipality must implement a land management strategy that ensures stable and increasing income from the use of land.

Management and disposal of land resources is carried out by both federal, regional and municipal authorities. At the same time, the municipality manages state and municipal land resources. In addition, management influence also extends to privately owned lands [16]. The powers of authorities in the field of land relations are presented in Figure 2.

Powers of authorities in the field of land relations

Figure 2 – Powers of authorities in the field of land relations
(animation: 3 frames, 5 repetition cycles, 20.6 kilobytes)

In this vein, inventory is considered as an accounting function of land management and includes analytical aspects, the basis of information support for management, monitoring and land management.

3. Improving the land management system

When considering the specifics of land relations, one should not limit ourselves to considering only specialized regulations relating to land management, turnover and protection of lands. The topic covered in this thesis is also directly related to the regulation of municipal authorities, reforming the system of local governments.

As mentioned above, the main problem associated with privately owned lands is that most of them are conditional land plots that are not allocated locally and are not registered with the state cadastral register. The need for their registration and involvement in civil and tax circulation is obvious: this is the streamlining of land relations, resolving disputes about the overlap of plots with each other, etc., and the main source of local budgets [ 17].

In order to encourage citizens to register rights to previously allocated plots, it is necessary to make this procedure as simple and transparent as possible, somewhere by optimizing the scheme for registering rights, somewhere by informing the population on issues of land legislation, as well as improving the qualifications of employees of interested services.

Streamlining and optimizing land legislation and introducing new schemes at the municipal level is a long process, and land owners, as stakeholders, are the initiators of this process. Legislative adjustments should be determined by specific problems and obstacles in registering rights to land plots. Thus, an inventory of land “from below” is gradually taking place. This process is natural and is currently being implemented.

Another problem in regulating land relations that requires an early solution is the impossibility of fully implementing the scheme for providing citizens and legal entities with land plots that are in state and municipal ownership as prescribed in the Land Code.

In the Donetsk People's Republic the situation is not radically different from the national one. And the solution to this problem should be the streamlining and systematization of land relations in the region, i.e., land inventory.

In this aspect, inventory must be carried out “from above”. Local governments must carry out a set of measures to identify the most promising and liquid sectors of the land fund, determine the legal status of these lands, allocate those land plots that are used ineffectively, transfer them to reserve lands or land redistribution fund (depending on the category), carry out work on the formation of these areas and put them up for auction [18].

Conclusion

  1. Land management is an important instrument of public policy aimed at improving the efficiency of land use. The work examines the issues of regulatory regulation of land relations, the procedure for providing land plots for construction, as well as for purposes not related to construction, and shows the features of the privatization of lands of various categories.
  2. Based on the analysis of land relations, the main problems of land use were identified, which included: delimitation of state property, changes in permitted use and category of land, ineffective taxation and others. Modern problems in land relations are related to the fact that so far in Russia no more than 20% of land has been inventoried, which does not allow legally changing the category, permitted use, purchasing and selling at auction, registering ownership, seizure for state needs, as well as carry out other activities related to increasing the efficiency of land use.
  3. Modern problems of land use are considered using the example of land management on the territory of the Donetsk People's Republic, the organization of the provision of land plots of various categories, the structure of land, as well as the need to conduct an inventory of land taking into account market demand are shown.
  4. Based on the analysis of the organization of land relations in the Donetsk People's Republic, as well as an assessment of the state of the land market within the boundaries of the main highways, it is proposed to conduct an inventory of land with the subsequent sale of the formed land plots, which will ensure the return on invested budget funds and the high efficiency of the proposed measures within the framework of land use.

References

  1. Гражданский кодекс Российской Федерации (ГК РФ) часть первая от 30 ноября 1994 г. N 51-ФЗ, часть вторая от 26 января 1996 г. N 14-ФЗ и часть третья от 26 ноября 2001 г. N 146-ФЗ
  2. Земельный кодекс Российской Федерации от 25 октября 2001 г. N 136-ФЗ (ЗК РФ)
  3. Федеральный закон от 25 октября 2001 года N 137-ФЗ «О введении в действие Земельного кодекса Российской Федерации»
  4. Федеральный закон от 30 июня 2006 г. № 93-ФЗ «О внесении изменений в некоторые законодательные акты Российской Федерации по вопросу оформления в упрощенном порядке прав граждан на отдельные объекты недвижимого имущества»
  5. Федеральный закон от 11 июня 2003 г. N 74-ФЗ «О крестьянском (фермерском) хозяйстве»
  6. Федеральный закон от 15 апреля 1998 г. N 66-ФЗ «О садоводческих, огороднических и дачных некоммерческих объединениях граждан»
  7. Федеральный закон от 7 июля 2003 г. N 112-ФЗ «О личном подсобном хозяйстве»
  8. Федеральный закон от 24 июля 2002 г. N 101-ФЗ «Об обороте земель сельскохозяйственного назначения»
  9. Федеральный закон от 21 декабря 2004 г. N 172-ФЗ «О переводе земель или земельных участков из одной категории в другую»
  10. Федеральный закон от 6 октября 2003 года №131-ФЗ «Об общих принципах местного самоуправления в Российской Федерации»
  11. Федеральный закон от 18.06.2001 N 78-ФЗ «О землеустройстве»
  12. Кухтин П.В. Управление земельными ресурсами/ Кухтин П.В., Левов А.А., Лобанов В.В. – Питер, 2009, – 382 с.
  13. Феофилактов А.С. Земельные права государственных (муниципальных) учреждений: проблемы реализации и защиты // Журнал «Арбитражная практика». 2008. № 03
  14. Петросенко А. В. Управление земельными ресурсами в РФ. // «Экономика и жизнь». 2008. №9
  15. Самолетов А. С. Учет земель – базовая функция государственного регулирования земельных отношений. // «Кадастровый вестник». 2009. №1
  16. Сидоренко Г. В. Разрешение земельных споров. // «Земельное право». 2007. №6
  17. Янюк Р. Г. Обоснование параметров рыночной оценки сельскохозяйственных угодий. // «Кадастровый вестник». 2008. №2
  18. Мальков А. В. Перспективы развития государственного технического учета объектов капитального строительства. // «Вопросы оценки». 2008. №4 .