State Land Supervision, Municipal Land Control, and Public Land Control

General Provisions

State Land Supervision

According to Article 71 of the Land Code of the Russian Federation, state land supervision refers to the activities of authorized federal executive authorities aimed at preventing, detecting, and halting violations by organs of state power, local self-government bodies, as well as legal entities, their leaders, other officials, and individual entrepreneurs (hereinafter - legal entities, [individual entrepreneurs](/enc/11528/ "Definition

the term «individual entrepreneurs» in the legal encyclopedia")), citizens of the requirements of the legislation of the Russian Federation, for violation of which the legislation of the Russian Federation provides for administrative and other liability, through the organisation and conduct of inspections by the aforementioned authorities, legal entities, individual entrepreneurs and citizens, taking measures provided for by the legislation of the Russian Federation by preventing and/or eliminating the consequences of identified violations,

and activities of the specified authorized government bodies by systematic monitoring of compliance with land legislation requirements, conducting analysis and forecasting of the status of compliance with land legislation requirements during the performance of activities by government bodies, local self-government bodies, legal entities, individual entrepreneurs, and citizens.

State Land Supervision is carried out by federal executive authorities authorized by the Government of the Russian Federation (hereinafter also referred to as organs of state land supervision).

The subject of inspections carried out during state land supervision is compliance by state authorities, local self-government bodies, legal entities, individual entrepreneurs, and citizens with the requirements of land legislation, for [violation](/enc/32659/ "Definition of the term 'Violation' in the legal encyclopedia) of which responsibility is prescribed by legislation of the Russian Federation.

When conducting state land supervision with respect to governmental bodies, local self-government bodies, legal entities, individual entrepreneurs, and citizens, the provisions of Federal Law No. 294-FZ dated December 26, 2008 "On Protecting the Rights of Legal Entities and Individual Entrepreneurs in the Conduct of State Control (Supervision) and Municipal Control" shall be applied taking into account the specific provisions established by the Land Code of the Russian Federation.

Officials of state land supervision authorities (hereinafter - officials, authorized to carry out state land supervision) have the right:

1) to conduct planned and unplanned inspections of compliance with the requirements of Russian Federation legislation;

2. to request and receive free of charge, upon written requests from state authorities, local self-government bodies, legal entities, individual entrepreneurs, and citizens, information and documents necessary for conducting inspections, including documents certifying rights to land plots and objects located thereon, as well as information about persons using land plots, in the part relating to the subject of the inspection;

3. without hindrance upon presentation of the service certificate and a copy of the order (directive) issued by the state land supervision authority assigning an inspection, to gain access to land plots, including land plots occupied by defense and security objects, as well as other special facilities, and to inspect such land plots and objects (in accordance with the procedures established for inspecting such land plots and objects and their visits) in order to carry out state land supervision;

4. conduct administrative inspections of land relations objects and document the results thereof in a corresponding act;

5. issue mandatory orders to eliminate violations of land legislation identified during inspections, as well as carry out supervision over the execution of these orders within the established timeframes;

6. to approach internal affairs agencies for assistance in preventing or interrupting actions hindering the implementation of state land supervision, in identifying persons guilty of violations of land legislation;

7. carry out within their competence production on cases on administrative offenses, including preparing protocols on administrative offenses and other documents provided for by the legislation of the Russian Federation, in accordance with the procedure established by the legislation on administrative offenses, based on the results of checks for compliance with land legislation protocols on administrative offenses and other documents, and forward them to the relevant

officials to consider cases of administrative offenses in order to hold responsible parties accountable; to review such cases within their jurisdiction;

8. involve experts and expert organizations in conducting inspections to ensure compliance with land legislation;

9. forward proposals to state authorities, local self-government bodies regarding bringing legal acts adopted by these bodies on issues of land use and protection, and (or) land plots, into compliance with provisions of land legislation;

10. to exercise other powers provided by federal laws powers.

Officials authorized to carry out state land supervision are issued service credentials.

As a result of inspections conducted by officials authorized to carry out state land supervision, inspection reports are prepared. In the event that violations of the requirements of the legislation of the Russian Federation are identified during the inspections, orders for the elimination of the identified violations, specifying deadlines for their elimination, are attached to the inspection reports, and [parties](/enc/31941/ "Definition of the term 'Parties' in the legal encyclopedia), who have committed the identified violations, are held liable in accordance with the legislation of the Russian Federation.

The form of an order to eliminate a detected violation of the requirements of Russian Federation legislation is established by the federal executive authority authorized by the Government of the Russian Federation.

In the event that the landowner does not eliminate the violations specified in the notice provided for in paragraph 7 of Article 71 of the Land Code of the Russian Federation within the prescribed period, the state land supervision authority that issued such a notice shall inform about its non-fulfillment within thirty days from the date the responsible person is held administratively liable for non-compliance with this notice.

by attaching the relevant documents:

1) executive body of state power or body of local self-government, provided for by Article 39.2 of the Land Code of the Russian Federation, in relation to land plots that are in state or municipal ownership;

2. authority of state power or authority of local self-government, which under legislation has the right to approach the court with a claim for seizure of land plots in private ownership due to their improper use and for their sale at public auctions, concerning land plots in private ownership.

In the event that a state authority or a local self-government body receives a proposal from the state land supervision organ regarding aligning legal acts adopted by these bodies on issues of land use and protection, and (or) land plots with the provisions of land legislation data, such authorities must consider it within thirty days from the date of receipt of this proposal and take measures to eliminate the violations committed, their causes, and conditions contributing to their occurrence, as well as inform the state land supervision organ within this period.

of state land supervision, submitting such a proposal, regarding the results of its consideration and measures taken.

Regulation on state land supervision is approved by the Government of the Russian Federation.

Features of the organization and conduct of inspections for compliance with land legislation requirements

According to Article 71.1 of the Land Code of the Russian Federation, planned inspections for compliance with land legislation requirements are carried out in accordance with annual plans for conducting planned inspections (hereinafter also referred to as the annual plan), approved by state land supervision authorities, no more frequently than once every three years. The annual plan must be coordinated with the organs of the prosecution.

The annual plan is developed for each subject of the Russian Federation.

The annual plan includes landowners whose land plots are located within the territory of the corresponding subject of the Russian Federation.

The requirements of paragraph 1 of Article 71.1 of the Land Code of the Russian Federation regarding the periodicity of conducting planned inspections to ensure compliance by legal entities, individual entrepreneurs, and citizens with land legislation apply when developing and approving annual plans in relation to one subject of the Russian Federation.

The procedure for developing and approving an annual plan is established in the regulations on state land supervision, approved by the Government of the Russian Federation.

Unplanned inspections of compliance by state authorities, local self-government bodies, legal entities, individual entrepreneurs, and citizens with respect to objects of land relations requirements of Russian Federation legislation are carried out in the following cases:

1. provided for in paragraph 2 of Article 10 of Federal Law No. 294-FZ dated December 26, 2008 "On Protecting the Rights of Legal Entities and Individual Entrepreneurs in the Implementation of State Control (Supervision) and Municipal Control";

2. identification, as a result of conducting an administrative inspection of a land relations object, of signs of violations of the requirements of Russian legislation for which Russian legislation provides for administrative and other liability;

3. receipts by the state land supervision authority of complaints and statements from legal entities, individual entrepreneurs, citizens, information from state authorities, local self-government bodies regarding violations of property rights of the Russian Federation, subjects of the Russian Federation, municipal formations, legal entities, citizens;

4. provided by paragraph 23 of article 8 of the Federal Law "On the Specifics of Providing Land Plots to Citizens Located in State or Municipal Ownership and Situated on the Territories of the Subjects of the Russian Federation That Are Part of the Far Eastern Federal District, and on Making Amendments to Certain Legislative Acts of the Russian Federation".

Unplanned inspections of legal entities and individual entrepreneurs on the grounds specified in subparagraphs 2 and 3 of paragraph 6 of Article 71.1 of the Land Code of the Russian Federation are conducted by the state land supervision authority after coordination with the prosecution office at the location of the object of land relations that is the subject of the unplanned inspection.

Coordination with the prosecution offices for conducting unplanned inspections in relation to citizens, state authorities, and local self-government bodies is not required.

Administrative Inspection of Objects of Land Relations

According to Article 71.2 of the Land Code of the Russian Federation, within the framework of systematic monitoring of compliance with the requirements of Russian Federation legislation by officials authorized to conduct state land supervision, administrative inspection of objects of land relations is carried out.

Under administrative examination of a land relations object is understood research of its condition and methods of its use based on information contained in state and municipal information systems, open and publicly accessible information resources, archival funds, information obtained through state monitoring of land, documents prepared as a result of land surveying, information obtained by remote sensing methods (remote sensing (including aerospace photography,

aerial photography), results of soil, agrochemical, phytosanitary, ecotoxicological inspections) and other methods.

In the event that during the administrative inspection of a land relations object signs of violations of land legislation are detected, for which the legislation of the Russian Federation provides for administrative and other liability, the results of such an inspection The procedure for conducting an administrative inspection of a land relations object and the form of the act of administrative inspection of a land relations object are approved by the Government of the Russian Federation.

Municipal Land Control

According to Article 72 of the Land Code of the Russian Federation, municipal land control refers to activity by local self-government bodies aimed at monitoring compliance by state authorities, local self-government bodies, legal entities, individual entrepreneurs, and citizens with the requirements of the legislation of the Russian Federation, the legislation of a subject of the Russian Federation, for violation of which the legislation provides

of the Russian Federation, the legislation of a subject of the Russian Federation provides for administrative and other liability.

Municipal land control is carried out in accordance with the legislation of the Russian Federation and in the order established by normative legal acts of the subjects of the Russian Federation, as well as by normative legal acts adopted in accordance with them by local self-government bodies, taking into account the provisions of Article 72 of the Land Code of the Russian Federation.

Local Self-Government Bodies of the urban district carry out municipal land control in relation to land relations objects located within the boundaries of the urban district.

Local Self-Government Bodies of urban and rural settlements carry out municipal land control in relation to land relations objects located within the boundaries of urban and rural settlements.

Local Self-Government Bodies of the municipal district carry out municipal land control in relation to objects of land relations located on the inter-settlement territory of the municipal district.

Laws of the subjects of the Russian Federation - federal cities of Moscow, St. Petersburg, and Sevastopol powers of local self-government bodies on carrying out municipal land control and establishing the procedure for its implementation provided by Article 72 of the Land Code of the Russian Federation may be transferred to the powers of state authorities of these subjects of the Russian Federation.

In the event of identifying a violation of land legislation requirements during an inspection conducted within the framework of municipal land control, for which Russian legislation provides administrative and other liability, the act of inspection specifies information regarding the presence of signs of the identified violation. Officials of local government bodies send a copy of the said act to the state land supervision authority.

Within five working days from the date receipt by the local self-government body of copies of the inspection act referred to in paragraph 5 of Article 72 of the Land Code of the Russian Federation, the state land supervision authority shall review the aforementioned act and adopt a decision to initiate a case on an administrative offense or a decision to refuse initiation of a case on an administrative offense, and send a copy of the adopted decision to the local self-government body.

The procedure for interaction between federal land supervision authorities and bodies implementing municipal land control is established by the Government of the Russian Federation.

In the event of detecting during an inspection within the framework of municipal land control a violation of land legislation, for which the legislation of a subject of the Russian Federation provides administrative liability, liability for the detected violation is imposed in accordance with the aforementioned legislation.

Public Land Monitoring

According to Article 72.1 of the Land Code of the Russian Federation, public land monitoring refers to [activity](/enc/32150/ "Definition of the term 'Activity' in the legal encyclopedia) carried out by citizens, public associations, and other non-state non-commercial organizations aimed at monitoring the activities of state authorities and local self-government bodies in making decisions provided for by the Land Code of the Russian Federation that affect the rights and legitimate interests of citizens and legal entities, as well as for public verification, analysis, and public assessment of decisions issued by these bodies.

of acts and decisions adopted by them.

Public land supervision is carried out in accordance with the legislation of the Russian Federation.