Use of lands or land plots owned by the state or municipal authorities without allocating land plots and establishing a servitude

General Provisions

Cases and grounds for the use of lands or land plots owned by the state or municipal authorities without allocating land plots and establishing a servitude

According to Article 39.33 of the Land Code of the Russian Federation, use of land or land plots owned by the state or municipality, except for land plots provided to citizens or legal entities, may be carried out without granting land plots and establishing a servitude in the following cases:

1. conducting engineering surveys;

2. capital or current repair of a linear object;

3. construction of temporary or auxiliary structures (including fences, sheds, canopies), storage of construction and other materials, equipment for construction works, reconstruction of linear infrastructure objects of federal, regional or local significance;

4. conducting geological surveying of subsoil;

5. carrying out activities aimed at preserving and developing the traditional way of life, economic activities, and crafts of indigenous small-numbered peoples of the North, Siberia, and the Far East of the Russian Federation in places of their traditional residence and traditional economic activities, excluding lands and land plots within the boundaries of forest fund lands;

6. placement of non-stationary trading objects, advertising structures, as well as other objects, types of which are established by the Government of the Russian Federation.

Use of land or land plots owned by the state or municipal authorities for purposes specified in subpoints 1 - 5 of paragraph 1 of Article 39.33 of the Land Code of the Russian Federation is carried out on the basis of permits issued by an authorized body.

In the permit for use of land or a land plot located in state or municipal ownership, the cadastral number of the land plot is specified if the entire land plot is planned to be used, or the coordinates of characteristic points of the boundaries territory are specified in the case if planned

use of lands or part of a parcel of land.

The permit issued by the authorized body under paragraph 2 of this article does not grant the person in respect of whom it was issued the right to construction or reconstruction of capital construction objects.

Order of Issuing a Permit for Use of Land or a Land Plot Belonging to State or Municipal Ownership

According to Article 39.34 of the Land Code of the Russian Federation, permit for the use of land or a land plot owned by the state or municipal property is issued in accordance with the procedure established by the Government of the Russian Federation:

1. for the purposes of conducting engineering surveys or capital or current repairs of linear objects for a period not exceeding one year;

2. for the purposes of constructing temporary or auxiliary structures (including fences, temporary shelters, canopies), storing construction and other materials, equipment for construction and reconstruction of linear infrastructure objects of federal, regional, or local significance during their construction and reconstruction period;

3. for the purpose of conducting geological survey of subsoil resources during the validity period of the relevant license;

4. for the purposes of preserving and developing the traditional way of life, economic activities, and industries of indigenous small-numbered peoples of the North, Siberia, and the Far East of the Russian Federation in the places of their traditional residence and traditional economic activities, to individuals belonging to the indigenous small-numbered peoples of the North, Siberia, and the Far East of the Russian Federation and their communities without time limit.

The effect of the permit for the use of land or a land plot belonging to state or municipal ownership, in the purposes specified in paragraph 1 of this article, ceases on the day the land plot is provided to an individual or a legal entity.

Within ten days from the date of issuance of a permit for the use of land or a land plot belonging to state or municipal property, the authorized body shall send a copy of this permit to the federal body of executive authority authorized to carry out state land supervision.

Obligations of persons using Lands or land plots owned by the state or municipal authorities, based on permits

According to Article 39.25 of the Land Code of the Russian Federation, in the event that the use of land or land plots owned by the state or municipal authorities, based on permits for the use of land or land plots, has caused damage or destruction of the fertile layer soil, within the boundaries of such land or land plots, [persons](/enc/31941/ "Definition of the term 'Persons' in the legal encyclopedia) who used such land or land plots are obligated:

1. bring such lands or land plots into condition, suitable for their use in accordance with permitted usage;

2. perform necessary works by reclamation of such lands or land plots.

Use of land or land plots owned by the state or municipality for placement of non-stationary trade objects, advertising structures, as well as other objects, types of which are established by the Government of the Russian Federation

According to Article 39.36 of the Land Code of the Russian Federation, placement of non-stationary trading objects on lands or land plots owned by the state or municipal property is carried out on the basis of a placement scheme for non-stationary trading objects in accordance with Federal Law No. 381-FZ dated December 28, 2009 "On the Basics of State Regulation of Trade Activities in the Russian Federation".

The installation and operation of advertising structures on lands or land plots owned by the state or municipality are carried out on the basis of a contract for the installation and operation of an advertising structure in accordance with Federal Law No. 38-FZ of March 13, 2006 "On Advertising."

Types of objects, placement of which may be carried out on lands or land plots belonging to state or municipal property, without providing land plots and establishing servitudes (excluding objects specified in paragraphs 1 and 2 of this article), are established by the Government of the Russian Federation. The order and conditions for placing these objects are established by a normative legal act of a subject of the Russian Federation.

In the event that objects placed in accordance with paragraph 3 of this article are intended for connection (technical attachment) of capital construction facilities to engineering and technical infrastructure networks, the provision of land plots to citizens or legal entities, which are in state or municipal ownership and on which or under the surface of which the aforementioned objects are located, does not entail compulsory demolition or dismantling of the aforementioned objects (except in cases where the presence of the aforementioned objects makes it impossible to use the land plots in accordance with their intended purpose...

permitted use).