Agricultural land - what is it? What is agricultural land? Purchase and rental procedure, taxation Minimum plot size

In accordance with accounting data, agricultural lands occupy an area of 406 million hectares, which is approximately 23.8% of the total land area of the Russian Federation. Of these, 190.7 million hectares, or 47%, are allocated for agricultural land. At the same time, much more land is actually used in agriculture, if we take into account land plots provided temporarily and permanently for agricultural use from other categories of land. We are talking about forest lands, lands of specially protected areas and facilities that are provided for grazing, haymaking, etc. According to approximate data, lands used for needs agriculture, but not included in the category of agricultural land, can range from 18% and above.

Agricultural lands, as well as their composition in relation to various territories, are determined in the process of land use planning, land management activities, zoning, as well as when providing land plots for use. Decisions made regarding the composition of lands and their use are binding. Changing the established composition of land plots and types of use by land users is not allowed and requires a special decision.

Land use planning is carried out in the order of developing and adopting various kinds of target programs, settlement schemes on the territory of the Russian Federation, and environmental management schemes. For example, it is stipulated that the General Settlement Scheme on the territory of the Russian Federation defines agricultural lands (Article 31 of the Town Planning Code).

A common way to regulate land use is zoning. Within the framework of zoning, zones are determined that are most favorable for conducting various types of agricultural activities. Zoning is also used when separating from agricultural land lands intended for gardening, vegetable gardening and summer cottage farming. In particular, it is stipulated that the zoning schemes for territories for the placement of horticultural and dacha non-profit associations must contain information about the locations, areas and intended purpose of land plots (gardening, horticulture or dacha farming), the permitted use of land plots within the allocated zones, including restrictions on encumbrances, as well as information on the rights under which the provision of land plots is allowed within a specific zone (private and common property rights, lease rights).

Territory zoning schemes serve as the basis for determining the volume of construction of access roads highways, power supply, communication facilities, as well as for the development public transport, trade, medical and consumer services. Zoning schemes for the placement of horticultural, gardening and dacha non-profit associations are approved at the level of constituent entities of the Russian Federation and local authorities self-government.

Data on the composition, structure and intended use of agricultural land plots are entered into the state land cadastre.

The condition of agricultural lands is characterized by clearly manifested negative processes of degradation. Over the past three decades, there has been a constant reduction in the area of agricultural land with an increasing trend. Only for the first half of the 90s. 27 million hectares dropped out of agricultural use, despite the constant involvement of new lands in agricultural use. In 1999 compared to 1998 The area of agricultural land decreased by another 14.9 million hectares.

The main reason for this reduction is the transfer of agricultural land to other categories of land, as well as their continued intensive withdrawal for non-agricultural needs. At the same time, the areas of the most valuable lands are excluded from the sphere of agricultural production as a result of degradation and provision for non-agricultural needs, and in return for those that have left, predominantly lands of low productive potential are included in agricultural circulation.

According to available data, the condition of agricultural land remains unsatisfactory. The transformations of land relations carried out in the country, having affected the dynamics of the structure of the land fund, have not led to an improvement in land use or a reduction in adverse anthropogenic impacts on the soil cover, causing the development of soil degradation processes or processes contributing to this. Due to lack of funds, weak interest government agencies measures for the protection and rational use of land are significantly reduced. The construction of anti-erosion hydraulic structures has practically ceased. With the transfer of almost all agricultural lands into private ownership, the responsibilities and financial burden of ensuring the proper condition of the lands have been transferred to collective and individual owners who, due to the difficult economic situation, are not able to ensure their proper use.

The deterioration of land conditions, which has accelerated recently, poses a serious threat of undermining the material base of agricultural production. The recently adopted Land Code of the Russian Federation and the Federal Law “On the Turnover of Agricultural Land” have strengthened land protection measures. In particular, the transfer of agricultural land to another category requires a decision by the executive authority of the constituent entities of the Russian Federation. Unused land plots are subject to seizure.

Taking into account the analysis of regulatory legal acts of 65 constituent entities of the Russian Federation, the Ministry of Agriculture of the Russian Federation developed and agreed with the ministries the concept of the project federal law"On amendments to certain legislative acts of the Russian Federation in terms of improving the turnover and use of agricultural land." The concept, among other things, provides for the legislative establishment of criteria for the improper use of land plots. It is possible that if such bills were adopted, the seizures would not be widespread. The law would be applied in the most egregious cases and to the most negligent, non-negotiable owners with a long history of confrontation with the regional authorities. But all the same, the presence of such an instrument for taking away property would radically change the market for agricultural land in Russia. The bills were sent from the Ministry of Agriculture for consideration by the Government.

Moreover, the department developed a draft federal law “On amendments to the legislative acts of the Russian Federation in terms of improving the regulation of land-mortgage relations in agriculture” and developed “Main directions for improving the organizational, economic and legal support for the regulation of land relations in terms of agricultural lands” , the implementation of which is provided for by the Action Plan of the Ministry of Agriculture of the Russian Federation, approved by the Minister of Agriculture on November 10, 2008. In addition to the above, in order to carry out state monitoring, the same ministry developed and agreed with a number of departments a draft resolution of the Government of the Russian Federation “On approval of the Regulations on the implementation of state monitoring of lands used or intended for agriculture.”

Meanwhile, the Government received another bill on a similar topic, but developed by other departments. The Ministry of Economic Development of the Russian Federation, together with the Ministry of Finance of the Russian Federation, the Ministry of Regional Development of the Russian Federation, developed the concept and draft federal law "On amendments to certain legislative acts of the Russian Federation, clarifying the requirements for the use of land plots for their intended purpose." It should be emphasized that the concept also provides for a legislative definition of “signs of non-use of a land plot for its intended purpose.”

Now at State Duma There are 8 bills at various stages of consideration, which are the fruit of the creativity of the legislative assemblies of the constituent entities of the Russian Federation. Basically, they are of a clarifying nature and, according to the developers, are aimed at improving the rights of owners of land shares.

The entire territory that makes up our country is divided into. This division is enshrined at the legislative level and is regulated by the Land Code Russian Federation.

This is done to establish control over the intended use of land. Total is allocated. The most common category of land- agricultural land.

Agricultural lands are in second place in terms of area among all categories, second only to forest lands.

On the territory of the Russian Federation they occupy approximately 386 million hectares. For comparison, the area is approximately 20 million hectares.

Agricultural lands are under special state control.

They are valuable resource and source of food.

Therefore, it is important to use the land for its intended purpose, to prevent its littering and pollution, deterioration of the soil condition, and exposure to harmful factors.

Composition of agricultural land

Farmland

These include areas for sowing and growing various agricultural crops, as well as for grazing animals.

Farmland- these are the most fertile territories that provide the country with crops, therefore they have priority status and are under state protection. Farmland is under special control:

with artificial irrigation,
used by research institutes of any level,
with a high cadastral value (10% above average).

Depending on the functions performed lands are divided into:

arable land,
haymaking,
pastures, etc.

The most fertile lands endowed with mineral resources include arable land.

Arable land- this is a type of land that is annually processed and various crops are grown on it.

Haymaking are used only for making hay for the winter. Sowing and harvesting are not carried out on such lands. Although there are also artificial hayfields.

pastures also usually not seeded or cultivated. Used only for grazing livestock.

It is possible to highlight various types farmland:

low quality,
average quality
high quality.

On farmland it is permissible to build only those buildings and structures that are necessary for carrying out agricultural activities. It is prohibited to build residential or industrial facilities in such areas.

For on-farm roads and communications

These include roads necessary for access and maintenance agricultural land. They must meet certain standards specified in SNiP 2.05.11-83.

On-farm roads, depending on their purpose, can be the following types:

connecting agricultural objects to each other (I category of roads),
connecting agricultural facilities with main roads (II category of roads),
field auxiliary roads for servicing individual lands and their parts (III category of roads).

On-farm roads should occupy the minimum possible area.

They include:

directly the strip for placing the road surface,
drainage ditches,
a safety strip of 1 meter on each side of the road.

Planted with trees and shrubs

These are lands planted with trees and shrubs for protection environment from the influence of negative factors.

Protective forest belts are created:

on gardening and country farms,
around the fields
along roads and railways.

Cutting and renewal of plants occurs only in agreement with local authorities.

With water features

Territories with closed water bodies are included in the category of agricultural land only if if they are within the borders of these lands. At the same time, lakes or ponds can be used both for fish breeding and for watering nearby areas. Such objects are divided into two types:

reservoirs of artificial origin,
bodies of natural origin.

Occupied with agricultural buildings

To effectively carry out agricultural activities, auxiliary buildings are necessary.

They are not residential and are intended for storage and primary processing grown products. For these purposes, the least fertile areas are allocated.

In addition to this criterion, there is a second, very important one - logistics. The location of the buildings must be accessible to a defined pool of surrounding cultivable land.

Agricultural land use

According to the legislation of the Russian Federation, agricultural land can be used for the following purposes:

implementation of agricultural activities by enterprises,
creation of personal or farm enterprises,
growing vegetable and fruit crops,
Creation ,
growing and breeding animals and fish,
research activities.

Important! Since 2015, our country has used a classifier of types of permitted land use (VRI). The document clearly and in detail indicates the types of permitted intended use of each category, including agricultural land.

Before it came into force, these issues were dealt with by the local government bodies of each individual entity. You can find out more about the VRI classifier.

Features of farmland

Farmland has a number of features, compared to other types of agricultural land. They are enshrined in law (Article 79 of the Land Code of the Russian Federation).

The most fertile lands are under state protection, as they are its national treasure and most important resource.
Such lands can only be used for their intended purpose, that is, for agricultural activities. Inappropriate use is punishable by law.
Farmland with a high level is not subject to transfer to other categories of land
The construction of any types of buildings in areas protected by the state is prohibited.

In exceptional cases, in agreement with regional authorities, farmland with poorer quality soil and low cadastral value may be classified into a different category of land.

Among other things, it is legally established requirements for persons using farmland:

the plots must be developed within 2 years,
while carrying out its activities, maintain soil fertility,
If necessary, provide authorities with information about the chemicals used.

Redistribution Fund

The Land Redistribution Fund is a unified database of agricultural plots that have temporarily fallen out of circulation, that is, not used for their intended purpose.

Its main function is formation of a land fund and their further transfer for use to individuals or legal entities under certain conditions.

This is done so that strategically important farmland does not stand idle, because this is economically unprofitable.

The agricultural plot falls into the distribution fund when following conditions:

at voluntary refusal owner from the site,
in the absence of heirs after the death of the owner,
during forced seizure of land by the state.

Ownership of agricultural land

Get ownership Land classified as agricultural can be used by the following entities:

individuals (for farming),
legal entities (farms, agricultural enterprises, dacha partnerships, etc.).

Upon purchase the owner of agricultural land receives the right:

transfer the plot by inheritance,
rent out
sell,
present,
pledge.

According to the legislation of the Russian Federation, Foreign citizens and companies cannot be owners of agricultural land, as well as stateless persons. The legal basis for the transfer of ownership of agricultural land is enshrined in the Federal Law “On the turnover of agricultural land” No. 101.

If the owner sells his agricultural land, representatives of the municipal authorities of the subject have priority rights to purchase such plots.

Providing

Providing agricultural land for use essentially means transferring such land for rent for its intended use. In this case, the plots remain the property of the state.

To obtain a plot necessary:

Submit an application to the appropriate authority.
Collect a package of documents.
Wait for a decision.
Conclude a lease agreement.

The law provides for a number benefits and benefits when transferring agricultural lands to certain categories of persons (for example, small peoples to support and preserve their way of life).

Seizure

The law stipulates that the state has the right in some cases forcibly seize agricultural land from the owner.

This decision is made in court and can be challenged within the appropriate period. Main reasons for the seizure of farmland:

the agricultural plot has not been used for its intended purpose for three or more years,
the site is used irrationally, which leads to a decrease in soil fertility and deterioration in the quality of agricultural land.

Useful video

Detailed information about the use of agricultural land can be obtained in this video:

Conclusion

Agricultural land is one of the strategically important and state-protected categories of land. They should be used exclusively for its intended purpose. The state has the right to distribute them among users to improve their rational use.

Farmland can be transferred to individuals and legal entities for ownership. However, if the sites are not properly maintained, the state has the right confiscate them in court.

By order of the Government of the Kurgan Region dated August 28, 2013 No. 263-r “On conducting a state cadastral assessment of agricultural land,” a decision was made to conduct the next state cadastral assessment of agricultural land. The last assessment of these lands was approved in 2007. In light of this, the information contained in the annual report on the state of land use in the Kurgan region, sent by the Rosreestr Office for the Kurgan Region to Rosreestr, is of particular interest.

The lands located within the borders of the Kurgan region make up the land fund of the region, which as of January 1, 2014 amounts to 7148.8 thousand hectares. The largest area in the structure of the land fund of the Kurgan region is occupied by agricultural lands - 63.3%, forest lands account for 25.3%, lands of settlements - 7.9%, reserve lands - 2.0% and other categories less than 1% each.

Agricultural lands are lands intended and provided for agricultural needs outside populated areas. Land in this category is provided to agricultural enterprises, organizations for agricultural production, research and educational purposes, as well as citizens for running peasant (farm) farming, personal subsidiary plots, gardening, market gardening, livestock farming, haymaking and grazing.

The total area of agricultural land as of January 1, 2014 was 4529.6 thousand hectares (there has been no change in the area of this category since 2009), including 4032.2 thousand hectares of agricultural land (89.0%). The area of non-agricultural land is 497.4 thousand hectares (11.0%). In the structure of agricultural land, a significant place is occupied by arable land (57.4%), pastures (18.5%) and hayfields (12.7%).

On agricultural lands, enterprises and organizations use 2584.9 thousand hectares (including 1116.9 thousand hectares - lands of liquidated agricultural organizations, for which the issue of termination of the right to land has not been resolved), peasant farms occupy an area of 319.8 thousand. hectares, personal subsidiary plots - 220.3 thousand hectares, gardening partnerships - 9.8 thousand hectares, lands provided for livestock farming, haymaking and grazing - 5.6 thousand hectares, owners of land plots received on account of land shares - 289.6 thousand hectares, owners of land shares who have not entered into lease agreements with enterprises - 874.8 thousand hectares, individual entrepreneurs - 24.8 thousand hectares.

In 2013, the area of land in common shared ownership and leased to enterprises, organizations and citizens amounted to 1,489.4 thousand hectares. Area of land owned legal entities-233.4 thousand hectares and increased by 16.1 thousand hectares due to purchased land shares. At the same time, there are many formed land plots of common shared ownership, registered in the cadastral register, with unregistered rights and, therefore, not legally leased.

Since 2000, the area of agricultural land has remained almost constant, this is explained by the fact that due to the lack of funds for conducting new surveys and surveys, updating of cartographic materials has not been carried out; therefore, to estimate the area of agricultural land taken out of circulation due to its overgrowth with shrubs and small forests is not possible, but this area is very significant.

The main users of agricultural land are agricultural enterprises, organizations, as well as citizens engaged in the production of agricultural products. In total, they used 3697.7 thousand hectares or 82.9% of the area of agricultural land available in the region. The distribution of the used area of agricultural land between enterprises and citizens is 56.3% and 43.7%, respectively.

As of January 1, 2014, in the category of agricultural land, the share of privately owned land was 3178.2 thousand hectares, 98.5% of the total area of privately owned land. Agricultural lands owned by citizens amount to 2946.7 thousand hectares, owned by legal entities - 231.5 thousand hectares.

The largest part of the area of privately owned land in this category of land belongs to the land shares of citizens - 80.2% (2363.2 thousand hectares). Personal subsidiary plots own 6.1% (180.8 thousand hectares) of the area of privately owned land in the category; owners of land plots received as part of their land share for agricultural production have 9.8% (288.6 thousand hectares). ha), among peasant farms (entrepreneurs) - 6.1% (179.3 thousand ha).

In the structure of private property, there was a decrease in the area of land by 12.5 thousand hectares, including the area of land owned by legal entities increased by 16.1 thousand hectares, and the area owned by citizens decreased by 28.6 thousand hectares. The increase in the area of land owned by legal entities is due to the purchase of land shares and land plots from their owners. The decrease in the area of land owned by citizens, as already mentioned, is associated with the refusal of owners of land shares to renounce their ownership rights and the sale of land to legal entities.

The main owners from legal entities are peasant (farm) farms that have not undergone re-registration - 36.1% (83.8 thousand hectares) and agricultural enterprises - 69.2% (147.8 thousand hectares). State and municipal ownership includes 1,351.4 thousand hectares or 29.8% of land in this category. The area of land plots for which the ownership of the Russian Federation is registered is 144.6 thousand hectares or 10.7% of the area of state and municipal land, of which 2.9 thousand hectares are transferred for permanent (indefinite) use and 52, 7 thousand hectares - for rent. Rights to land plots owned by the Kurgan region in the considered category of land are not registered. Municipal property rights are registered on an area of 104.5 thousand hectares, of which 23.6 thousand hectares are leased.
Regional office.

In accordance with Article 7 “Composition of lands in the Russian Federation” of the Land Code of the Russian Federation (LK RF), lands are divided into categories according to their intended purpose. The first among them is the category of agricultural land.

The concept of agricultural land is formulated in Article 77 “The concept and composition of agricultural land” of the Land Code of the Russian Federation. These are lands that are located outside populated areas and provided for agricultural needs, as well as those intended for these purposes. The same article establishes the composition of agricultural lands ─ agricultural lands, lands occupied by on-farm roads, communications, forest plantations intended to ensure the protection of lands from negative impact, water bodies, as well as buildings, structures, structures used for the production, storage and primary processing of agricultural products.

Agricultural lands of the Russian Federation

Constituting about a quarter of the entire territory of the Russian Federation, agricultural lands in their share in the total volume of land resources are second only to forest lands, which occupy more than half of the country's area.

Types of use of agricultural land ─ arable land (it accounts for the bulk of agricultural land), pastures, hayfields, gardens, vineyards, fish ponds, etc.

Despite the fact that Russia is one of the world leaders in terms of arable land area, only about 8% of its territory is plowed. This is approximately three times less than in the USA and six times less than in India. Although there are subjects of the Federation where more than half of the entire territory is plowed, ─ Belgorod, Voronezh, Kursk, Lipetsk, Oryol, Rostov, Saratov, Tambov regions; Krasnodar and Stavropol territories.

It must be said that agricultural land is not only within the category of agricultural land. They make up a significant share of the lands of populated areas. There are agricultural lands in such categories as industrial, energy, transport, communications and other special purpose lands, forest lands, lands of specially protected areas and facilities.

Largest share various types agricultural land is occupied in the south of the country ─ in the North Caucasus and South federal districts. The smallest is in harsh Siberia and the underdeveloped Far East. The main agricultural regions with an abundance of arable land are concentrated mainly in the Center and South of the European part, in the Middle and Lower Volga region, and to a lesser extent in the south of the Urals, Siberia and the Far East.

Agricultural areas are part of the agricultural sector and are of particular value to the Russian economy. The quantity of agricultural goods produced depends on the quality of the soil and the degree of development of the territories. Let's figure out what the area of agricultural land is and what legal features are inherent in relations with land.

Structure of agricultural land

Agricultural land is intended for use in the agricultural sector and is not subject to construction with non-purpose structures. In other words, shares are used only for sowing, fertilizing, collecting, processing and storing agricultural crops.

The area of agricultural land includes independent units of land plots:

Arable lands. Used for annual sowing and soil fertilization.
Haymaking. Agricultural areas intended for cutting grass during the harvesting period.
Pastures. A vegetated area of agricultural land used as food supply for KRG.
Deposits. Unused, empty agricultural shares that have not been seeded or fertilized.
Plantings. The territory developed for planting plant and tree species and further harvesting.

The area of agricultural land is the totality of the above-mentioned lands. Overall size sown areas are determined by measuring each of the plots included in the plot. When calculating the area, not only arable lands and pastures are taken into account, but also areas sown with perennial plants.

Characteristics of agricultural land

Agricultural land is part of the Russian agricultural complex and represents areas intended for growing fruitful crops. The volume of sown areas and the productivity of agricultural land are the most important factors for successful business.

Agricultural land is characterized by a high level of mineral fertilizers. Due to the chemical impurities included in the composition, the soil is able to withstand several productive crops per year.

The structure of agricultural land is represented by arable land, hayfields, pastures, fallow lands and green spaces. Objects are subject to state protection. Of particular importance is cadastral valuation agricultural land, which determines the characteristics of the soil and the total cost of the plots used.

Legal relations in the field of agriculture are enshrined in the Land Code of the Russian Federation. So, according to paragraph 1 of Art. 77, agricultural lands are lands located outside populated areas and used as agricultural sown areas. Another feature of agricultural shares is their intended purpose.

In accordance with the Land Code of the Russian Federation, agricultural land areas have two types:

Primary lands are used strictly for their intended purpose for growing crops.
Auxiliary lands are territories on which agricultural facilities are located. The category is distinguished by such areas as swamps, forests, trees and shrubs, highways, areas for buildings, etc.

According to Art. 78 of the Land Code of the Russian Federation, auxiliary shares must be used in accordance with their intended purpose and not contain objects that fall outside the agricultural production cycle.

Particularly valuable productive agricultural land

Fertile soils are considered valuable agricultural land. The state cadastral assessment of agricultural land, which is carried out in accordance with regulations, helps determine the degree of land productivity.

Soil grading is a procedure for determining the quality of sown areas, which is expressed in taking into account natural factors and the degree of land development.

Grading allows you to determine how different one soil is from another. An important feature of the procedure is the reliance on the chernozem composition of the soil. The calculation is carried out only in those regions where the highest level of agricultural achievements, including technical equipment, is noted.

Agronomic assessment of soils is an important basis for determining the most suitable areas for sowing. After identifying the level of black soil, experts form a base of valuable agricultural land.

It should be noted that the state cadastral assessment of agricultural land takes into account soil fertility according to the bonitet point scale. Economic fertility is an important factor.

Valuation is carried out both for agricultural land and for auxiliary lands. The following are taken into account:

location of the land;
degree of development of the region;
natural and climatic conditions;
annual economic income from land;
income growth prospects;
technical equipment, etc.

The list of particularly valuable productive agricultural land is entered into the land registry and is one of the most important economic indicators.

Transfer of agricultural land

Agricultural land is land that generates income from cultivating the soil and growing fruitful crops. But land fertility can only be achieved with regular care of the plots. Lack of measures for fertilization, regular sowing, irrigation and maintaining agricultural production wears out the soil, making it unsuitable for agricultural needs.

The state cadastral valuation of agricultural land regulates the transition of land from agricultural to other categories. However, the agricultural land fund knows a strictly limited number of cases of the possibility of transition:

not using soil for agricultural purposes;
transfer of land to a specially protected zone;
expansion of the settled zone;
construction in areas unsuitable for agricultural sowing;
transfer of unsuitable areas to forest or water resources;
transfer of land to reserve lands;
laying communication nodes;
recognition of the territory as a historical and cultural heritage;
exploration of mineral deposits.

In accordance with Article 7 of Federal Law No. 172-FZ, agricultural land is not transferred to another category:

with restrictions on land transfer;
with a negative conclusion from a soil assessment specialist;
in case of inappropriate assignment of shares.
for other reasons provided by law.

The federal law provides an exhaustive list of the possibilities of transferring land to other categories. To ensure the transfer, a list of documents should be prepared, including the maximum size of the total area of agricultural land transferred from one group of lands to another. But it is important to remember that the legislation prohibits the transfer of particularly valuable productive agricultural land due to its important target role.