Cessation of rights to land parcels

General Provisions

Grounds for Termination of Ownership Rights on a Land Plot

The right of ownership over land plot ceases upon alienation by the owner of their land plot to other persons, renunciation by the owner of the right of ownership over land plot, by other grounds provided for by civil and land legislation (article 44 of the Land Code of the Russian Federation).

Grounds for termination of the right of permanent (indefinite) use of a land plot, and the right of hereditary perpetual usufruct of a land plot

According to Article 45 of the Land Code of the Russian Federation, the right of perpetual (indefinite) use of a land plot, the right of lifelong inheritable ownership of a land plot cease upon the refusal of the land user, landowner from their right to land plot under conditions and in the order provided by the article. The right of perpetual (indefinite) use of a land plot, the right of lifelong inheritable ownership of a land plot are terminated compulsorily:

1. in cases of improper use of a land plot, namely when:

• use of a land plot with gross violation of rules for rational use [of land](/enc/9280/ "Definition of the term «Land» in the legal encyclopedia), including if the plot is used not in accordance with its designated purpose or its [use](/enc/32013/ "Definition of the term «Use» in the legal encyclopedia) leads to a significant reduction in fertility of agricultural land or a substantial deterioration of the ecological situation;
• damage to land;
• failure to perform obligations [in accordance with](/enc/32588/ "Definition of the term «PO» in the legal encyclopedia) mandatory land reclamation measures, required activities [in accordance with](/enc/32588/

"Definition of the term 'PO' in the legal encyclopedia") improvement of lands and protection of soils;

• non-performance of obligations to bring land into condition suitable for use according to its intended purpose;
• non-use of a land plot designated for agricultural production or residential or other construction purposes for the specified purposes within three years, unless a longer period is established by federal law. This period does not include [time](/enc/33436/ "Definition of the term 'Time' in

of the "legal encyclopedia", necessary for the development of the land plot, as well as time, during which the land plot could not be used in accordance with its intended purpose due to natural disasters or other circumstances excluding such use;

2. upon expropriation of the land plot for state or municipal needs in accordance with the rules provided by the Land Code of the Russian Federation.

3. Termination of the right to perpetual (indefinite) use of a land plot, the right to lifelong inheritable ownership of a land plot on grounds specified in subpoint 1 of paragraph 2 of this article is carried out in accordance with the rules provided by Article 54 of the Land Code of the Russian Federation, except in cases established by federal laws.

Grounds for Termination of Land Lease

According to Article 46 of the Land Code of the Russian Federation, lease of a land plot is terminated on the grounds and in accordance with the procedures provided for by civil legislation.

In addition to the grounds specified in paragraph 1 of this article, lease of a land plot may be terminated at the initiative of the lessor on the grounds provided for by paragraph 2 of Article 45 of the Land Code of the Russian Federation.

Alongside the grounds specified in paragraphs 1 and 2 of this article lease of the land plot may be terminated at the request of the lessor in the event of termination of the comprehensive development agreement territory concluded with respect to such land plot or land plots formed therefrom, or in the event of violation of the development schedule for the specified territory, provided for by this agreement.

Termination of the lease of a land plot on the grounds specified in the second paragraph of subitem 1 of item 2 of Article 45 of the Land Code of the Russian Federation is not allowed:

1. during the period of field agricultural operations;

2. in other cases established by federal laws.

Grounds for Termination of the Right to Use a Land Plot Without Charge

According to Article 47 of the Land Code of the Russian Federation, the right of gratuitous use of a land plot ceases by the decision of person who provided the land plot or by agreement of the parties:

1. upon expiration of the term for which the land plot was provided;

2. on the grounds specified in paragraphs 1 and 2 of Article 45 of the Land Code of the Russian Federation.

2. The right to a service apartment ceases upon termination by the employee of labor relations, in connection with which the service apartment was provided, except for the cases specified in paragraphs 3 and 4 of this article.

The right to a service apartment is preserved for an employee who has terminated labor relations upon transition to old-age pension or disability pension.

The right to a service apartment is preserved for one of the family members:

1. of the employee conscripted into compulsory military service or alternative service, for the entire duration of the service;

2. an employee admitted for training for the entire period of obtaining education;

3. an employee who died while performing their official duties.

The right to service land is preserved for the non-working spouse and elderly parents of the employee for life, and for the children of the employee until they reach majority.

Termination of the right to service land is formalized by a decision of the organization that provided such service land for use.

Employee, who has terminated labor relations with an organization that provided a service plot for use, has the right to use this service plot after termination of labor relations during the period necessary to complete agricultural work.

Grounds for Termination of Easement

According to Article 48 of the Land Code of the Russian Federation, servitude may be terminated on grounds provided by civil legislation.

Public servitude may be terminated in the case of absence of public needs for which it was established, through adoption of an act revoking the servitude.

Grounds for Expropriating Land Plots for State or Municipal Needs

According to Article 49 of the Land Code of the Russian Federation, expropriation of land plots for state or municipal needs is carried out in exceptional cases based on grounds related to:

1. fulfillment of international agreements of the Russian Federation;

2. construction, reconstruction of the following objects of state significance (objects of federal significance, objects of regional significance) or objects of local significance in the absence of other possible alternatives for the construction, reconstruction of these objects:

• objects of federal energy systems and objects of regional energy systems;
• objects of nuclear energy utilization;
• objects of national defense and state security, including engineering and technical structures, communication lines and communications constructed in the interests of protecting and securing the State Border of the Russian Federation;
• objects of federal transport, objects of federal significance communication, as well as objects of transport, objects of regional significance communication, objects

infrastructure of general-purpose railway transport;

• objects ensuring space activity;
• linear objects of federal and regional significance, ensuring activity of subjects of natural monopolies;
• objects of electricity, gas supply systems, objects of heat supply systems, objects of centralized hot water supply systems, cold water supply systems and (or) sewage systems of federal, regional or local significance;
• federal roads,

regional or intermunicipal, of local significance;

3. by other grounds provided by federal laws.

Confiscation

According to Article 50 of the Land Code of the Russian Federation, a land plot may be confiscated from its owner without compensation by the decision of the court as a sanction for committing a crime (confiscation).

Requisition of a Land Plot

According to Article 51 of the Land Code of the Russian Federation, in cases of natural disasters, accidents, epidemics, epizootics and other circumstances of an extraordinary nature, a land plot may be temporarily seized from its owner by authorized executive bodies of state authority for the purpose of protecting vital interests of citizens, society and the state from threats arising due to these extraordinary circumstances with compensation to the land plot owner for incurred damages (requisition) and issuance to him of a requisition document.

Requisition does not constitute the expropriation of land plots carried out in accordance with the procedures for expropriation for state or municipal needs under the conditions and procedures established by Chapter VII.1 of the Land Code of the Russian Federation.

In the event that it is impossible to return the requisitioned land plot, its owner is compensated with the market value of this land plot determined in accordance with Article 66 of the Land Code of the Russian Federation, or at their request, an equivalent land plot is provided.

Owner of the land plot, whose land plot has been confiscated, is entitled to demand the return of the confiscated land plot through judicial proceedings upon termination of the circumstances due to which the confiscation was carried out.

In the event of the occurrence of circumstances specified in paragraph 1 of this article, in the absence of a need for the requisition of the land plot, it may be temporarily occupied for use in the purposes specified in paragraph 1 of this article, with compensation to the owner of the land plot for damages caused by the temporary restriction of his rights.

The evaluation according to which the landowner is compensated for the cost of the expropriated land plot, damages, caused in connection with its expropriation or temporary restriction of their rights, may be challenged by the landowner in court proceedings.

Conditions and procedure for transferring the land plot

The alienation of a land plot by its owner to other persons is carried out in accordance with the procedures established by civil legislation, taking into account the restrictions on the marketability of land plots provided for by Article 27 of the Land Code of the Russian Federation (article 52 of the Land Code of the Russian Federation).

Conditions and procedures for renouncing a person's right to a land plot

According to Article 53 of the Land Code of the Russian Federation, renunciation of ownership rights to a land plot is carried out by the owner of the land plot submitting an application for such renunciation to authority, which performs state registration of rights to real estate and transactions therewith. Ownership rights to this land plot cease on the date of state registration of termination of the aforementioned right.

Upon renouncing the right of permanent (indefinite) use of a land plot or the right of indefinite hereditary ownership of a land plot application to renounce the right to a land plot is submitted to the executive body of state authority or the body of local self-government provided for by Article 39.2 of the Land Code of the Russian Federation. Along with the application to renounce the right of permanent (indefinite) use of a land plot

the land plot or the right of lifelong inheritable possession of a land plot is attached copy of the document, certifying identity (for citizens). To applications from legal entities specified in paragraph 2 of Article 39.9 of the Land Code of the Russian Federation, as well as state and municipal enterprises, a document confirming the consent of the authority that established the corresponding legal entity, or another acting

For adoption by an executive body of state authority or a local self-government body provided for in Article 39.2 of the Land Code of the Russian Federation, decisions on termination of the right of perpetual (indefinite) use of a land plot or the right of life estate with right of inheritance over a land plot based on an application for renunciation of the right of perpetual (indefinite) use of a land plot or the right of life estate with right of inheritance over a land plot, in addition to the documents specified in paragraph 3 of this article, the following documents are required:

• copy of the document, confirming the state registration of a legal entity (for a legal entity);
• cadastral passport of the land plot (if there are entries in the state cadastre of real estate regarding such a land plot, necessary for issuing the cadastral passport of the land plot);
• documents confirming rights to the land, and in the absence thereof - a copy of a decision by an executive body of state authority or an organ

of local self-government, provided for by Article 39.2 of the Land Code of the Russian Federation, on the provision of a land plot.

The executive body of state authority or local self-government body provided for by Article 39.2 of the Land Code of the Russian Federation requests the aforementioned documents (their copies, information contained therein) from state organs, local self-government bodies, and organizations subordinate to state organs or local self-government bodies, in whose possession these documents are located.

Documents confirming land rights are requested from the applicant in case they are not available with state authorities, local self-government bodies, or organizations subordinate to state authorities or local self-government bodies.

In the case of renouncing the right to perpetual (indefinite) use of a land plot or the right to lifelong inheritable ownership of a land plot executive body of state authority or organ of local self-government, provided for by Article 39.2 of the Land Code of the Russian Federation, based on an application to renounce the right to a land plot, within one month from the date of receipt of such an application, a decision is adopted to terminate the right to perpetual (indefinite) use of the land plot

or the rights to a life estate in a parcel of land.

A copy of the decision specified in this paragraph must be sent within three days from the date of its adoption to the person who submitted an [application](/enc/7058/ "Definition of the term 'Application' in the legal encyclopedia) for renouncing the right to a land plot.

The right to a land plot not registered in the Unified State Register of Real Estate Rights and Transactions ceases for the person who submitted an application for renouncing the right to the land plot, from the moment the decision referred to in paragraph 4 of this article is adopted, except in the case of renouncing the right to a land plot formed in accordance with the Land Code of the Russian Federation.

In the event that the right to a land plot was previously registered in the Unified State Register of Rights on Real Estate and Transactions with It, and the executive body of state authority or local self-government body provided for in Article 39.2 of the Land Code of the Russian Federation, within a week from the date of adoption of the decision specified in paragraph 4 of this article, must apply to the body responsible for state registration of rights on real [property](/enc/29242/

"Definition of the term 'Property' in the legal encyclopedia") and transactions with it, for state registration of termination of the right of perpetual (indefinite) use of a land plot or the right of lifelong inheritable ownership of a land plot.

The executive body of state authority or local self-government body provided for in Article 39.2 of the Land Code of the Russian Federation must notify the tax authority at the location of such land plot, as well as the body responsible for conducting activities related to the maintenance of the state cadastre of real estate, about the refusal of the right to a land plot whose right was not previously registered in the Unified State Register of Real Estate Rights and Transactions with It, in

a seven-day period from the day of adoption of the decision specified in paragraph 4 of this article.

Procedure for the Expropriation of a Land Plot, Provided under the Right of Lifelong Inheritable Possession, Right of Perpetual (Indefinite) Use, Due to Improper Use of the Land Plot

According to Article 54 of the Land Code of the Russian Federation, compulsory termination of the right of lifelong inheritable possession of a land plot, or the right of perpetual (indefinite) use of a land plot on the grounds specified in subparagraph 1 of paragraph 2 of Article 45 of the Land Code of the Russian Federation, is carried out based on a court decision that has entered into force regarding the expropriation of the land plot (provided that improper use of the land plot has not been rectified after imposition of an administrative penalty), except for the cases specified in paragraph 2 of this article.

Compulsory termination of the right of perpetual (indefinite) use of a land plot provided to a state or municipal institution, budgetary enterprise (excluding state academies of sciences established by such academies of sciences and (or) their subordinate institutions), on grounds specified in Subparagraph 1 of Paragraph 2 of Article 45 of the Land Code of the Russian Federation, is carried out by decision of an executive authority of state power or a local self-government body provided for in Article 39.2 of the Land Code of the Russian Federation on expropriation of the land plot (provided that improper use has not been rectified).

(use of the land plot).

The procedure for adopting a decision on the expropriation of a land plot by an executive body of state authority or a local self-government body in accordance with paragraph 2 of this article is established by the Government of the Russian Federation.

The executive body of state authority or local self-government body provided for in Article 39.2 of the Land Code of the Russian Federation, after receiving the information and documents specified in paragraph 9 of Article 71 of the Land Code of the Russian Federation, sends a requirement for expropriation of the land plot to the court, or, in the case provided for in paragraph 2 of this article, independently adopts a decision on expropriation of the land plot.

In the case of the presence in the Unified State Register of Rights to Real Estate and Transactions with It records regarding the right of life tenure with the right of inheritance over a land plot, or the right of perpetual (indefinite) use of a land plot, the executive body of state authority or a local self-government body provided for in Article 39.2 of the Land Code of the Russian Federation shall be obliged to submit an application to the body responsible for the state registration of rights to real estate and transactions with it, with

by submitting a statement for state registration of termination of such right to the land plot with an attached copy of the decision on expropriation of the land plot or a copy of the court ruling on expropriation of the land plot that has entered into legal force, within ten days from the date of adoption of the decision on expropriation of the land plot or from the date of entry into legal force of the court ruling on expropriation of the land plot.

The executive body of state authority or local self-government body provided for in Article 39.2 of the Land Code of the Russian Federation is obliged to notify the tax authority at the location of the specified land plot, as well as the body responsible for cadastral registration and maintaining the State Cadastre of Real Estate, about the termination of the right of life estate with the right of inheritance over a land plot or the right of perpetual (indefinite) use of a land plot, if such entries have not been made in the Unified State Register of Rights to Real Property and Transactions therewith.

within seven days from the day on which the decision on expropriation of land plots is adopted or from the day on which the court decision on expropriation of land plots enters into force.

The decision of an executive authority of state power or a local self-government body provided for in Article 39.2 of the Land Code of the Russian Federation on the expropriation of a land plot due to improper use of the land plot may be challenged in court.

The procedure established by this article for the expropriation of a land plot provided to a state or municipal institution, state-owned enterprise, shall not apply in the case of termination of rights to a land plot owned by the federal government, in relation to which an application has been submitted for transfer without compensation to municipal ownership or to the ownership of a subject of the Russian Federation.