Protection of Land Rights and Resolution of Land Disputes

General Provisions

Recognition of the right to land plot

According to Article 59 of the Land Code of the Russian Federation, recognition of the right to a land plot is carried out through judicial proceedings. A court decision establishing the right to land serves as a legal basis, upon which state registration authorities for real estate and transactions with it are obliged to perform state registration of the right to land or transactions with land in accordance with,

established by the Federal Law "On State Registration of Rights to Real Property and Transactions Therein".

Restoration of the situation that existed prior to the violation of the right to land plot and cessation of actions violating the right to land plot or creating a threat of its violation

According to Article 60 of the Land Code of the Russian Federation, the violated right to a land plot shall be restored in cases:

1. the court declaring invalid an act of an executive body of state authority or an act of a local self-government body, which have resulted in violation of the right to a land plot;

2. unauthorized occupation of a land plot;

3. in other cases provided for by federal laws.

Actions that violate the land rights of citizens and legal entities or pose a threat of their violation may be prevented by:

1. declaring invalid in court proceedings in accordance with Article 61 of this Code acts by executive bodies of state authority or acts by local self-government bodies that do not comply with legislation;

2. suspending enforcement of acts by executive bodies of state authority or acts by local self-government bodies that do not comply with legislation;

3. suspension of industrial, civil and housing construction, development of mineral deposits and peat, operation of facilities, conduct of agrochemical, forest melioration, geological exploration, search, geodetic, and other works in accordance with the procedures established by the Government of the Russian Federation;

4. restoration of the situation that existed prior to the violation of rights, and prevention of actions violating rights or creating a threat of their violation.

Recognition declaring invalid an act of an executive body of state authority or an act of a local self-government body

According to Article 61 of the Land Code of the Russian Federation, a non-normative act of an executive body of state authority or a non-normative act of a local self-government body, and in cases provided for by law also a normative act, which does not comply with the law or other normative legal acts and violates the rights and lawful interests of a citizen or a legal entity

Damages, caused to a citizen or legal entity as a result of the issuance of an act not compliant with the law or another legal act, violating land rights and protected legal interests of a citizen or legal entity by an executive body of state authority or a local self-government body, shall be compensated in accordance with civil legislation.

Compensation for damages

According to Article 62 of the Land Code of the Russian Federation, damages, caused by violation of the rights of landowners, land users, landowners, and lessees of land plots, must be fully compensated, including lost profits, in accordance with the procedures provided for by civil legislation.

Based on the decision of the court [person](/enc/31670/ "Definition of the term 'Person' in the legal encyclopedia), guilty of violating the rights of landowners, land users, landholders, and lessees of land plots, may be compelled to perform obligations in kind (restoration of soil fertility, restoration of land plots to their previous boundaries, construction of demolished buildings, structures, or facilities, or demolition of unlawfully constructed buildings, structures, or facilities, restoration of boundary and informational signs, elimination of other land violations and

(performance of arising obligations).

Consideration of Land Disputes

According to Article 64 of the Russian Land Code, land disputes are considered in court. Before the court accepts the case for consideration, a land dispute may be referred by the parties to resolution in arbitration court.

Compensation for damages caused by deterioration of land quality, temporary occupation of land plots, restriction of rights of landowners, land users, landholders and lessees of land plots

According to Article 57 of the Land Code of the Russian Federation, damages shall be fully compensated, including lost profits, caused:

by deterioration of land quality as a result of activities of other persons;

by temporary occupation of land plots;

restriction of the rights of land plot owners, land users, landowners, and lessees of land plots;

changing the purpose of a land plot on the basis of a request by a state authority or a local self-government body to transfer a land plot from one category to another without consulting the right holder of the land plot.

Damages are compensated:

1. to land users, landowners, and lessees of land plots in cases provided by paragraph 1 of this article;

2. owners of land plots in cases provided for by subpoints 2, 3, and 4 of paragraph 1 of this article.

Compensation for damages is carried out at the expense of the relevant budgets or by persons whose rights are restricted with respect to land plots, as well as by persons whose activities have caused the need to establish protective and sanitary protection zones and entail restrictions on the rights of landowners, land users, landholders, and lessees of land plots or deterioration in the quality of land.

When calculating the amount of compensation for damages, the value of property belonging to landowners, land users, land possessors, and lessees of land plots is taken into account on [day](/enc/33427/ "Definition of the term «day» in the legal encyclopedia), preceding the adoption of a decision on temporary occupation of land plots or on restriction of rights of landowners, land users, land possessors, and lessees of land plots.

The procedure for compensating damages to landowners, land users, land possessors, and lessees of land parcels caused by temporary occupation of land parcels, restriction of rights of landowners, land users, land possessors, and lessees of land parcels or deterioration of land quality as a result of the activities of other persons is established by the Government of the Russian Federation.