Contemporary Problems of Social Work


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The legal framework of state control over land use in the Russian Federation

Автор/Author: Lutovinova N.V.

Аннотация/Annotation:
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Список литературы/References:

1. Elhotova E. Y. Attracting businesses to administrative responsibility according to the results of inspections prosecutors regulatory bodies // Legality. – 2012. No. 5. – pp. 30 – 34.


2. Anisimov, A. P., Ryzhenkov, A. J. Land feature of the modern state: a monograph. M: a New index, 2012. 192 C.


3. Babenko, L. N. Land of the offense as the basis of civil-law responsibility // Arbitration and civil procedure. 2010. N 2. pp. 2 – 7.


4. Belyaev B. N. Control and supervision as a form of legal activity: author. dis. Dr. jorid. Sciences. – Saratov. – 2006. – P. 9.


5. Bratus, S. N. Legal liability and legality (sketch of the theory). M., 1976. S. 6


6. Vinokurov, A. Y. problems of improving the environmental performance of the public Prosecutor of the Russian Federation: author. dis. Dr. jorid. Sciences. – M., 2002. – P. 12.


7. Vinokurov, A. Y. State land supervision: problems of legal regulation // Legal issues of real estate. – 2013. No. 1. – N-2 – 4


8. Ergashev E. R. The principles of the Institute for supervision over execution of laws // Executive law. – 2006. No. 3.


9. Halinovskii E. A. Institute of legal liability as a component of the land law // Journal of Russian law. – 2014. No. 1. – S. 41 – 48.


10. Dahnenko S. C. Compensation for damage caused by environmental violations (civil law aspect): author. dis.. K. Yu.N. M., 2001. S. 70.


11. Zhukova O. I. the Subject, the limits and objectives of prosecutorial supervision over implementation of laws in the sphere of land use // the Lawyer. – 2011. No. 11. C. 64 – 70.


12. Land law: the textbook / C. H. Ulyukaev, C. E. Churkin, Century Century Nahratov and other M: Private law, 2010. 344 C.


13. Zemlyakov, Our obedient servant portal of Rosreestr // EJ-Lawyer. 2012. N 9. S. 6.


14. Ibragimov, K. H. Legal problems of modernization of the state land control of Russia (the 10th anniversary of the adoption of the Land code of the Russian Federation dedicated) // Legal issues of real estate. – 2011. No. 2. – S. 16 – 23.


15. Kalinin N. And. Legal regulation of the turnover of lands of agricultural destination// Property relations in the Russian Federation. – 2013. No. 12. – S. 32 – 48.


16. O. Kalugin Century Administrative-legal regulation of state land control // Administrative and municipal law. 2011. N 3. S. 51 – 54.


17. O. Kalugin Century, the scope and limits of prosecutorial supervision over the implementation of land legislation in the Russian Federation // Administrative and municipal law. 2012. N 12. C. 5 – 16.


18. Kononov P. I. some actual problems of administrative responsibility of legal entities (for materials litigation and arbitration practice) // the Laws of Russia: experience, analysis, and practice. – 2012. No. 3. – S. 14 – 19


19. Mazurov, A. C., Nahratov Centuries, Churkin C. E. The commentary to the Federal law “On turnover of agricultural lands” (article by article) (3rd edition, revised and expanded) // Private law. – 2012.


20. Nozdrachev A. F. Control: legal novels and unresolved problems // Journal of Russian law. 2012. N 6. S. 18 – 28.


21. Pavelin A. State land supervision // Audits and inspections of financial and economic activity of the state (municipal) institutions. 2013. N 12. S. 56 – 66.


22. Pogodin N. A., Karelin K. C. the Ratio of control and supervision in the Russian legal system // Russian justice. – 2012. No. 3. – S. 72 – 74.


23. Public Prosecutor’s supervision over execution of legislation in the sphere of economy: Sat. the methodological. materials. – M.: Academy of the General Prosecutor of the Russian Federation, 2010. – S. 20, 28.


24. On amendments to certain legislative acts of the Russian Federation in terms of improvement of state land supervision: the project of the Federal law No. 421545-6 (edition adopted by the state Duma in the first reading on 25.02.2014)


25. On application of norms of the Federal law “On protection of rights of legal entities and individual entrepreneurs in the exercise of state control (supervision): letter of the RF Ministry of economic development dated 30.12.2011 No. d-3425 // Official documents in education. – 2012. No. 9.


26. Talipov D. H., Boldyrev D. Y. Supervision of the execution of the laws: the substitution of the functions of regulatory authorities or their coordination // Legality. – 2012. No. 4. – S. 28 – 33.


27. Shafranov A. The separation of control and supervision activities in the sphere of Executive power // Law and life. – 2006. No. 1. – http://www.law-n-life.ru/arch/n91.aspx.


28. Elhotova E. Y. Attracting businesses to administrative responsibility according to the results of inspections prosecutors regulatory bodies // Legality. – 2012. No. 5. – S. 30 – 34.


29. Anisimov, A. P., Ryzhenkov, A. J. Land feature of the modern state: a monograph. M: a New index, 2012. 192 C.


30. Babenko, L. N. Land of the offense as the basis of civil-law responsibility // Arbitration and civil procedure. 2010. N 2. C. 2 – 7.


31. Belyaev B. N. Control and supervision as a form of legal activity: author. dis. Dr. jorid. Sciences. – Saratov. – 2006. – S. 9.


32. Bratus, S. N. Legal liability and legality (sketch of the theory). M., 1976. S. 6.


33. Vinokurov, A. Y. problems of improving the environmental performance of the public Prosecutor of the Russian Federation: author. dis. Dr. jorid. Sciences. – M., 2002. – C. 12.


34. Vinokurov, A. Y. State land supervision: problems of legal regulation // Legal issues of real estate. – 2013. No. 1. – N-2 – 4


35. Ergashev E. R. The principles of the Institute for supervision over execution of laws // Executive law. – 2006. No. 3.


36. Halinovskii E. A. Institute of legal liability as a component of the land law // Journal of Russian law. – 2014. No. 1. – S. 41 – 48.


37. Dahnenko S. C. Compensation for damage caused by environmental violations (civil law aspect): author. dis.. K. Yu.N. M., 2001. S. 70.


38. Zhukova O. I. the Subject, the limits and objectives of prosecutorial supervision over implementation of laws in the sphere of land use // the Lawyer. – 2011. No. 11. C. 64 – 70.


39. Land law: the textbook / C. H. Ulyukaev, C. E. Churkin, Century Century Nahratov and other M: Private law, 2010. 344 C.


40. Zemlyakov, Our obedient servant portal of Rosreestr // EJ-Lawyer. 2012. N 9. S. 6.


41. Ibragimov, K. H. Legal problems of modernization of the state land control of Russia (the 10th anniversary of the adoption of the Land code of the Russian Federation dedicated) // Legal issues of real estate. – 2011. No. 2. – S. 16 – 23.


42. Kalinin N. And. Legal regulation of the turnover of lands of agricultural destination// Property relations in the Russian Federation. – 2013. No. 12. – S. 32 – 48.


43. O. Kalugin Century Administrative-legal regulation of state land control // Administrative and municipal law. 2011. N 3. S. 51 – 54.


44. O. Kalugin Century, the scope and limits of prosecutorial supervision over the implementation of land legislation in the Russian Federation // Administrative and municipal law. 2012. N 12. C. 5 – 16. 


45. Kononov P. I. some actual problems of administrative responsibility of legal entities (for materials litigation and arbitration practice) // the Laws of Russia: experience, analysis, and practice. – 2012. No. 3. – S. 14 – 19.


46. Mazurov, A. C., Nahratov Centuries, Churkin C. E. The commentary to the Federal law “On turnover of agricultural lands” (article by article) (3rd edition, revised and expanded) // Private law. – 2012.


47. Nozdrachev A. F. Control: legal novels and unresolved problems // Journal of Russian law. 2012. N 6. S. 18 – 28.


48. Pavelin A. State land supervision // Audits and inspections of financial and economic activity of the state (municipal) institutions. 2013. N 12. S. 56 – 66.


49. Pogodin N. A., Karelin K. C. the Ratio of control and supervision in the Russian legal system // Russian justice. – 2012. No. 3. – S. 72 – 74.


50. Public Prosecutor’s supervision over execution of legislation in the sphere of economy: Sat. the methodological. materials. – M.: Academy of the General Prosecutor of the Russian Federation, 2010. – S. 20, 28.


51. On amendments to certain legislative acts of the Russian Federation in terms of improvement of state land supervision: the project of the Federal law No. 421545-6 (edition adopted by the state Duma in the first reading on 25.02.2014)


52. On application of norms of the Federal law “On protection of rights of legal entities and individual entrepreneurs in the exercise of state control (supervision): letter of the RF Ministry of economic development dated 30.12.2011 No. d-3425 // Official documents in education. – 2012. No. 9.


53. Talipov D. H., Boldyrev D. Y. Supervision of the execution of the laws: the substitution of the functions of regulatory authorities or their coordination // Legality. – 2012. No. 4. – S. 28 – 33.


54. Shafranov A. The separation of control and supervision activities in the sphere of Executive power // Law and life. – 2006. No. 1. – http://www.law-n-life.ru/arch/n91.aspx.


55. The contract as a means of legal regulation of relations in sphere of rendering of services: problems of theory and practice: monograph. -M.: WACO, RSSU, 2015.


56. Ilyukhin G. I. Management analysis in industries: lecture Notes and study materials/edited by A. N. “. M: GOUVPO “RSSUTiS”: Publ. “Paleotype”, 2008.

Содержание статьи/Article:

The earth is all we have. Long ago the earth was a symbol of adoration, worship and ancestor of all living things. The earth is the great force of nature that is warm, to give food to a person, to be a refuge for the man and the tomb. For many centuries the earth was the cause of many wars. The kings, the kings and the mighty of this world, sought to expand its territory ownership. The possession of vast territories was a sign of wealth. The war heroes, statesmen have always been appointed a vast piece of land. The value of land suitable for human economic activity is growing every year. The issue of rational use of land resources is becoming sharper. «Teeth since 1990 boring «advantages of a market economy», based on the principle that «the market will regulate everything», has led to almost complete collapse of the once powerful agrarian sector of economy of Russia, to the depletion and degradation of fertile land of Russia, and that is especially dangerous, almost irreversible depopulation mostly rural areas of the country».[1]


The fertility of the earth is, first of all, the country's food security, health of the nation. The main duty of the state is to restore the soil to its original level and its subsequent reproduction, permanent and purposeful control over land use.


 Reasonable land use has long been one of the fundamental and permanent functions of the state, and state control, in turn, serves as a measure of influence, encourage efficient use of land resources. The state land control is an important element in the system of state management in the sphere of land use.


The goal of research is to determine the nature and content of state control over the use of land.


In scientific work used works: Ibragimov, K. H., Kalugina in it About. Century, Anisimov, A. P., A. Vinokurov Y. and others.


Object of research are the social relations arising in the process of activity of bodies of state power of the Russian Federation for control over land use.


The subject of the research work are: the concept of state land control, its legal framework, the system and the functions of public authorities exercising control land use, the organization of the state land control.


The author of this work poses the following research objectives:


- to investigate the system of bodies of the state land use control land;

- identify the methods of implementation of ground control;

- to analyze the effectiveness of state control over land use in specific cases:

in the case of unauthorized occupation of a land plot of land of settlements;

- use of agricultural lands.


In a research study used the following research methods: statistical, historical, dialectical, comparative methods of scientific research. Analyzed regulatory legal acts of the Russian Federation in the sphere of control over land use.


Ensuring rational use and conservation of land is one of the most important directions of the state policy of the Russian Federation. Tool to solve these problems is state land use control land in the Russian Federation.


Land control in the Russian Federation is carried out in accordance with the Constitution of the Russian Federation Land code of the Russian Federation, the Federal laws of the Russian Federation, decrees of the President of the Russian Federation, decrees of the Government of the Russian Federation, laws of subjects of the Russian Federation, normative legal acts of local self-government. One of the main normative-legal acts establishing requirements for the use of land, is the Land code of the Russian Federation.


There is a system of organs of state land control. The state land control are divided into the bodies of General competence and organs of special competence.


The government of the Russian Federation, authorities of the constituent entities of the Russian Federation and local government bodies are bodies of General competence. The activities of these bodies are regulated by the relevant laws and regulations. Their powers are as follows: development and adoption of regulations in this area, the definition of the control tasks, the organization of control activities, establish procedures for the implementation of control and etc.


To the organs of special competence include:

- Federal service of state registration, cadastre and cartography of the Federal service for state registration, cadastre and cartography (hereinafter referred to Rosreestr);

- The Federal service for supervision in the sphere of environmental protection (hereinafter referred to Rosprirodnadzor);

- The Federal service for veterinary and phytosanitary supervision (hereinafter - the Rosselkhoznadzor).


Control functions of the three departments - building, RPN and Rosselkhoznadzor - delimited, each Agency is required to respond only for certain areas of oversight with regard to the sphere of activity of each of them. Criterion of differentiation is the status of the land.


The state land control consists of two components: monitoring the earth as an object of civil rights; control over land as a natural object and natural resource represents part of environmental control.


The building provides state oversight of land as real estate.

Control over land as a natural object and a natural resource in the established sphere of activities carried out Rosprirodnadzor and the Rosselkhoznadzor.


In accordance with the decree of the RF Government dated 15.11.2006 No 689[2] Rosreestr by the state land supervision over compliance with the requirements of the land legislation prohibiting unauthorized occupation of land, on the land use for the intended purpose in accordance with belonging to a particular category of land,provide information about the condition of land, execution of instructions and other.


Rosprirodnadzor by the state land supervision over compliance with the reclamation of land, the carrying out of measures on improvement of land and protection of soils from different erosion, to prevent rooting out on the forest land, the erection of the various buildings, land use and water protection zones and other.


Rosselkhoznadzor carries on lands with agricultural lands and land plots from agricultural use in the composition of land settlement supervision of compliance with the measures of reproduction and fertility preservation of agricultural land, carries out measures to prevent unauthorized removal and destruction of fertile soil, damage to land and other.


Officials Rosreestra (heads, Deputy heads, specialists of the service and its territorial bodies) responsible for state land supervision, at the same time on the post are state inspectors of the Russian Federation on the use and protection of lands.


State inspectors on the use and protection of land (hereinafter the inspectors during inspections can request the necessary information on the status, protection and use of land. The inspectors shall have official identification, upon presentation of which can explore the land regardless of ownership. Inspectors have the right to give instructions obligatory for execution, compile reports and send them to the appropriate authorities for consideration of cases on violations. Inspectors may apply to the bodies of internal Affairs to assist them.


The author considers it necessary to note the following.


According to p. 11 of regulation of the RF Government dated 15.11.2006 No. 689[3] "On state land supervision"6 officials RPN and Rosselkhoznadzor have the same powers and officials of Rosreestr. However, representatives of the Rosselkhoznadzor and RPN does not have the status of state inspectors of the Russian Federation on the use and protection of lands and may not provide administrative and jurisdictional activity, despite the mention of this possibility in paragraph 11 of Resolution N 689".


These provisions create a conflict, because according to Art. 23.21 and p. 29 2 hours. senior 28.3 of the administrative code, compile reports, to consider the case of offences may only state inspectors on the use and protection of lands. Therefore, as rightly pointed out by A. Y. Vinokurov "only Rosreestr is sovereign" of the three bodies of the state land control.


25.02.2014, State Duma in the first reading (Resolution No. 3824-6 DG) adopted a draft No. 421545-6[4] (hereinafter - the Project), which sets forth the rights of the officers authorised to exercise state land control. Such rights include, including drawing up protocols on administrative offences in the order established by the legislation of the Russian Federation about administrative offences. However, in the list of normative legal acts subject to invalidation, suspension, modification or adoption in connection with the adoption of the Federal law of the Russian Federation Code of administrative offences[5] (hereinafter - the code of administrative offences of the Russian Federation) are not included. According to the author in the administrative code changes must be made in terms of conversion "land control" in the "land supervision" (the relationship between the concepts of "control" and "supervision" see Chapter 2), as well as the settlement of the question of the rights of the officers authorised to exercise state land supervision.


Important role in the enforcement of land legislation is given to the Prosecutor's office of the Russian Federation.


As rightly noted by A. Y. Vinokurov, environmental activities of the Prosecutor's office is a multi - faceted inherent in this most important system of state bodies activity, directed on strengthening of legality in the sphere of land law.


One of the important activities of the Prosecutor's office - supervision in the sphere of land use.


«The subject of prosecutorial supervision in the sphere of land use should be considered compliance organizations, public authorities and officials of normative legal acts in the sphere of land use and the rights and freedoms of man and citizen in this area».[6]


In accordance with the Land code of the Russian Federation[7] (article 2) land relations can be regulated by legal acts of bodies of local self-government.


The office is actually the only state body performing a full, in-depth analysis of the legality of municipal legal acts. Only through the activities of the Prosecutor's office in 2012 on the territory of Sergiev Posad municipal district settlements began to implement the municipal land control, were developed administrative procedures for implementing the functions of the municipal land control.


The Federal law dated December 26, 2008 № 294-FZ[8] (hereinafter the Federal law No. 294-FZ) found that the Prosecutor's office coordinates the conduct scheduled and unscheduled inspections on land control.


Supervision of the execution of laws by bodies of control plays a significant role in the establishment of a unified legal space in the sphere of state and municipal control".[9]


The Federal law No. 294-FZ[10] on the prosecution authorities vested in the formation and approval of the master plan audits. The Prosecutor's office negotiates exit unscheduled inspections, leading them into account.


The role of public prosecution in the field of supervision of the execution of the laws concerning land use is to ensure the interaction of state bodies, bodies of local self-government provided accurate fulfillment of the requirements of the law.


This is confirmed by the legislative and law-enforcement practice.

Prosecutors allow you to combine the efforts of different government agencies to solve problems in the sphere of land use.


«The Prosecutor has the right not only to demand from the authorities to exercise certain activities, but also to check the results of their execution, to take action to respond to Supervisory authorities in case of improper performance of their duties, to take part personally in the conduct of audits. The breadth of prosecutorial supervision allows you to monitor the enforcement process at all stages, starting from the identification of the offence and ending with the execution of the punishment and the actual elimination of negative consequences, which often lack other state bodies».[11] The above confirms that the primary function of prosecutors in the field of supervision of the execution of the laws on land use is to coordinate the activities of the state control bodies, aimed at the detection and suppression of crime, the causes and conditions of wrongful conduct and to restore the violated rights and legitimate interests.


Public Prosecutor's supervision does not interfere in the administrative activities of the subjects. This supervision does not compete with other public authorities. Review by prosecutors, always justified and are universal in nature. The practice of public prosecutions shows that the bodies authorized to exercise land control, do not use the full power of bringing the perpetrators of violations of land legislation, to administrative responsibility.


The reason is due to the fact that there is no interaction between control bodies among themselves, ongoing monitoring activities are not comprehensive, and the checks are not conducted, inadequate proposals on harmonization of regulations of the Russian Federation subjects and local authorities regarding land relations, in accordance with the laws of the land.


The exercise of prosecutorial supervision over execution of laws by conducting inspections and enforcement on the results of measures of prosecutorial response, not connected with the criminal prosecution, allows to detect and prevent violations of laws and protected the rights of participants of economic activity. While prosecutors are not substitutes for regulatory authorities and do not interfere in the operational activities of organizations.


Due to the activity of Sergievo-Posadsky city Prosecutor's office in 2011 in the settlements of Sergiev-Posad district adopted regulations for the conduct of municipal land control, were prepared the annual audit plan. Until 2011 municipal land control on the territory of the Sergiev-Posad district was not implemented.


After the intervention prosecutors in some regions addressed the shortcomings of the legal regulation of relations in this sphere, associated with the publication of illegal acts. For example, the Prosecutor's office of the Penza region this year alone protested about 100 such acts of state and municipal authorities, concerning the powers of the competition Commission, exercising control over the execution of orders, the maintenance of the register of contracts and other (all protests are considered and satisfied).


In particular, according to the materials held by the Prosecutor's office of Kamchatskiy Krai checks initiated and investigated the criminal case against the head of Territorial administration of  Rosreestr in the Kamchatka territory on the fact of abuse of power.


Prosecutors are controlled by the address identified during inspections violations of the law, including the restoration of the rights of the state to illegally alienated property.


In many regions of the Russian Federation, prosecutors identified and suppressed the facts of abuse of power or omission of bodies of state power and bodies of local self-governance in the adoption of normative legal acts regulating land relations, violation of the procedure for granting land plots of terms of consideration of applications of citizens and legal entities on the provision of land, use of land without legal documents, as well as violation of the procedures for their use, improper performance of the authority for state and municipal land control.


In response to the request of the President of Russia prosecutors organized surveillance activities to detect and prevent violations of the land and town-planning legislation, as well as compliance with the legal regime of land on the territory of the State Borodino military-historical Museum-reserve.


The result of these measures, we achieved certain results. Approved boundaries of the territory of the Borodino field and monuments to him as an object of cultural heritage of Federal importance. Completed regional territorial planning schemes. Created the legal conditions for the observance of the owners and users of land plots located within the boundaries of the territory of the Museum-reserve, the modes of its use.


Judicial acts of Mozhaisk city court satisfied the Prosecutor's invalidation of decisions of the head of the rural settlement of Borodino, on the basis of which on the territory of the Museum-reserve wrongfully permitted cottage construction, as well as on recognition built on a land of unauthorized buildings and their demolition.


In connection with the intervention of the Prosecutor's office administration Mozhaisk district issued the decision on approval of the arrangement 10 land plots with a total area of about five hundred hectares on the territory of the Museum-reserve, not burdened by the rights of physical and legal persons In respect of these areas currently carried out state registration of ownership of the Russian Federation.


However, despite the measures taken, the boundaries of a number of settlements United in rural settlements of Borodino and Borisov Mozhaisk municipal district of the Moscow region, which are the lands of the Museum-reserve, up to the present time are not fixed.


Elimination of the revealed violations of land and town-planning legislation on the territory of the State Borodino military-historical Museum-reserve, as well as the results of the preliminary examination of the General Prosecutor's office is under review. Work in this direction continues.


Identified in the state land control offense is monitored until its complete elimination.


With the enactment of the Federal law of 18.07. 2011 No. 242-FZ[12] of state land control was renamed the state land supervision.


Compliance regulations (decrees of the Government of the Russian Federation dated 15.11.2006 No. 689[13] ; from 30.06.2004 № 327[14] ) occurred only two years after the entry into force of the Resolution of the RF Government dated 05.06.2013 No. 476[15].


The code of administrative offences of the Russian Federation[16] until the present time uses the term "land control" in Art. 23.21 and p. 29 PM senior 28.3.


The lack of specific terminology may cause doubt in the application of the law. The concept of "control" and "supervision" in the ordinary sense of the word are synonyms and mean the observation of anyone, anything for compliance with any rules.


In the scientific literature on the relationship between the concepts of "control and supervision" there are different points of view. "Some scientists define supervision as a form of control, consider other oversight activities as an independent, third consider oversight identical concepts."[17] According to A. Safronova, "supervision (in the broad sense) is a form of realization of control functions within the public administration. When considering control in the narrow sense as the activities of state bodies is often a confusion of the concepts of "control" and "supervision".[18]


         According to B. N. Belyaev[19] content control is that assesses whether there is compliance with regulatory rules and regulations, and regulations in the activities of controlled entities, and the entity is the relevance of the results to the contents specified parameters, goals. And supervision is the activity of authorized bodies, when in order to ensure the rule of law are significant actions to resolve specific situations strictly in accordance with the law.


         According to Art. 71 of the Land code[20] of the state land supervision is carried out in accordance with the Federal law No. 294-FZ[21] . In 2 tbsp. of Federal law No. 294-FZ is given the same definition of "state control", "state supervision".


         Thus, the author believes that at present, the legislation of the Russian Federation in the sphere of land use does not contain criteria for the delimitation of the concepts of "control" and "supervision" control determines the state land control (supervision) as "the activity of the authorized Federal bodies of Executive power, aimed at the prevention, detection and suppression of violations by state authorities, bodies of local self-government bodies, legal entities, individual entrepreneurs and citizens requirements established by the land legislation, through organization and conduct of inspections, acceptance stipulated by the legislation of the Russian Federation measures to prevent and remedy violations".[22]


In the framework of the monitoring is the systematic observation, analysis and forecasting in law enforcement in the sphere of land relations.


However, to align the terminology of the various regulations is necessary. In particular, for the avoidance of doubt the legality "of the administrative prosecution in this area, because these norms operate terminology that has lost its legal significance since August 1, 2011[23]" you need to make changes in senior 23.21, p. 29 PM 2 tbsp. 28.3 of the administrative code.


Land control (supervision) over land use is implemented through the authorized bodies of the checks. Relations during inspections between the state, municipal authorities and legal entities and individual entrepreneurs in the field of organization and implementation of state control (supervision), municipal control in the sphere of land use currently regulated by the Federal law No. 294-FZ[24] . The procedure of audits of individuals in any document is not regulated.


The Federal law No. 294-FZ14 made adjustments in the activity of authorized bodies of the state land supervision (control). To 01.05.2009, in the sphere of regulation of relations in the sphere of protection of rights of legal entities and individual entrepreneurs during state control (supervision) act is a Federal law of 08.08.2001, No. 134[25], which practically did not restrict the officials of the Supervisory authorities to conduct unscheduled inspections. The entry into force of Federal law No. 294-FZ[26] reduced the number of inspections and identified violations of land legislation. The data identified by Rosreestr for violations of land legislation are the following:


2008 - 140 thousand violations27 ;


2009 - 97132 narushenie[27];


2010 - 99256 violations[28];


2011 - 137751 violations 28;


2012 - 162081 narushenie28;


2013 - 177957 disorders 28.


The data show that in 2011 the situation of violations of land legislation has gained positive dynamics of growth. It took 2 years to rebuild proven mechanism for the identification of land offences. The increase in the number of violations detected not an end in itself Rosreestr, however, these measures assess the work of the inspectors on the use and protection of lands.


The Federal law No. 294-FZ20 sets the sequence organization and conduct of inspections, the order of the coordinated action of control authorities, regulates the rights and obligations of subjects of control.


In the specified Federal law regulates issues for scheduling inspections; the procedure for the preparation of regulations for the conduct of audits. Set the duration and frequency control. The procedure for registration of inspection results.


The state land control (supervision) is in the form of audits of legal entities or individual entrepreneurs, individuals, and officials of the mandatory requirements established by law.


The Federal law No. 294-FZ definition of validation.

Check classified:


- documentary and field;


- scheduled and unscheduled;


Documentary checks are carried out at the location of the inspection body, the method of research documents.


Field audits are conducted in the case, when making the documentary verification is not sufficient to establish violations of the current legislation. Inspection takes place at the place of location of a legal person, the place of activity of an individual entrepreneur and (or) in place of the actual implementation of their activities


The General Prosecutor shall be prepared and placed on the official website of the Prosecutor General Summary annual plan of inspections.


Article 10 of Federal law No. 294-FZ19 has closed and is not subject to a broad interpretation of the list of grounds for unscheduled inspections. That failure, instructions were issued in the period, admission to the inspecting authorities information about the threat to the life or health of citizens, the threat of harm to the environment, the order was issued on the instructions of the President of the Russian Federation, the Government of the Russian Federation.


The project entered new grounds for unscheduled inspections of legal entities and individual entrepreneurs - identification as a result of the administrative examination of plots of violation of property rights of the Russian Federation, subjects of the Russian Federation, municipalities, citizens and organizations. Under the administrative inspection of the object of land relations refers to the study of actual use of the object of land relations on the basis of information contained in state and municipal information systems and public information resources, archives, information obtained in the course of state monitoring of land documents prepared as a result of land management, the information obtained from remote sensing and other methods (remote sensing (including satellite imagery, aerial photography), the results of soil, agrochemical, phytosanitary and ecological-Toxicological examinations and other).


The procedure for preparation of the bodies of state control (supervision) and municipal control of annual plans of planned inspections of legal entities and individual entrepreneurs (hereinafter - the annual plans), for their approval and submission to the Prosecutor's office, the standard form of the annual plan are defined as Rules[29] approved by the Resolution of the Government of the Russian Federation (hereinafter - Decree No. 489). The draft law provides that the results of the administrative survey of land relations is taken into account in the preparation of annual plans of audits of compliance with the land legislation.


The basic principles for the protection of rights of legal entities and individual entrepreneurs in the exercise of state control (supervision), municipal control are the presumption of good faith auditees openness and accessibility of information, inability of audits of several competent authorities, no fees for the conduct of the audit, the responsible reviewer.


The sequence and timing of administrative procedures in the implementation of state land supervision are determined by:

- Administrative rules of building inspection in the implementation of the state land control in respect of legal entities and individual entrepreneurs, approved by the Order of Ministry of economic development of Russia from 30.06.2011 No. 318[30] ;


- Administrative regulations of execution of the Federal service of the state to enforce Federal, state environmental Inspectorate, approved by Decree of the Ministry of Russia dated 29.06.2012 No. 191[31];


- The administrative regulations of execution of the Rosselkhoznadzor state functions for the implementation of state land supervision in respect of agricultural land and agricultural land use in the composition of lands of settlements, approved by the Order of the Ministry of agriculture of Russia dated 30.01.2012 No. 96.


In addition, these bodies are obliged to follow the provisions of the Land code and the Federal law, Federal law No. 294-FZ.[32]


The Federal law No. 294 FS[33] determined the timing of inspections. As a General rule, the period of inspection of any kind may not be more than 20 working days.


In respect of 1 of a small business term routine site inspections may not be more than:


- 15 hours for a small business in the year;


- 15 hours for microenterprises in the year.


Violation of the terms and timing of the checks is related to gross violations of the requirements of Federal law No. 294 FS[34], i.e., an unconditional basis for the recognition of test results invalid. Date, time and duration of the audit shall be instructed by the officials of state control (supervision), a body of municipal control in the inspection report, and journal of accounting audits


In exceptional cases, the period of the exit routine inspections may be extended for not more than 20 working days, in relation to small enterprises, micro-enterprises not more than 15 hours.


The person against whom the monitoring activities, notified body of state control (supervision), a body of municipal control not less than 3 working days before the start of the audit.


The Federal law No. 294-FZ34 establishes mandatory requirement for inspection of the implementation of land laws in the presence of a representative of a legal entity, individual entrepreneur. The legislation does not provide rules governing the possibility of verification without the participation of the person.


Therefore, the intentional failure of a legal entity, individual entrepreneur to participate in the test, makes it impossible that leads to no performance points inspection plan.


According to the results of inspection by authorized persons conducting the inspection must be recorded in the prescribed form in duplicate.


The provisions of the hours 4 and 5 of article 16 of Federal law No. 294-FZ[35] defined order of execution and delivery of the inspection report.


The inspection report should be made immediately after its completion. The possibility of drawing up the certificate at a later date provided for in including 5 senior 16 of Federal law No. 294-FZ only for cases when the preparation of the inspection necessary to obtain conclusions on the results of the research. In this case, the inspection report under this regulation must be made within a period not exceeding three working days after completion of the control activities.


Failure to submit audit according to p. 6 hours 2 tbsp. 20 of Federal law No. 294-FZ35 refers to gross violations of requirements of this Law and is the basis for the recognition of the results of the test invalid.


Legal entities, individual entrepreneurs, in case of disagreement with those specified in the inspection report information, or with the issued instruction may raise objections in respect of the inspection and (or) issued orders on elimination of the revealed violations as a whole or its individual provisions, and shall have the right to appeal the results of the inspection in the administrative order, or to contest them in court.


While testing an important guarantee of the rights of legal entities and individual entrepreneurs is the principle of the integrity of the audited entity. For accountability of the audited persons supervising authority should prove as a violation of mandatory requirements and guilt checked in violation of the requirements of the regulations.


1. Existing legislation defined the authorized bodies (Rosreestr, the Rosselkhoznadzor, Rosprirodnadzor) for the implementation of the state land use control land. A special and important role for the maintenance of order in land relations plays the Prosecutor's office. When the study revealed that employees of the Rosselkhoznadzor and RPN are not state inspectors of the Russian Federation on land use. This contradiction is a consequence of the inconsistency of regulatory legal acts, including the discrepancy in terminology "control", "supervision". A common approach in terminology, clarify the rules and procedures for the execution of the authorized bodies of land control in order to ensure efficiency and effectiveness. Today requires compliance regulations. Currently, legislators began to align regulations, but work in this direction is slow.


2. It is established that the land control is implemented through the authorized bodies of the audits reviewed the tests.


3. In the process of studying the implementation of ground control on the lands of settlements established that the most common offence is unauthorized occupation of a land plot or use them without legal documents. There are difficulties in the prosecution for the offence, the shortcomings in the land law. The decision on this issue could be the creation of a Commission under the administrations of districts, districts with mandatory participation of representatives of Rosreestr. If you cancel the courts rulings on the availability of crime should be developed detailed regulations on interactions with the Prosecutor's office in order suppression. When the Building must be a unified information system on land condition and results of inspections. The need of centralized system of state control (supervision).


4. Failure to comply with statutory requirements and mandatory measures to improve land is one of the most common types of violations on the land of agricultural purpose. The legislator measures are taken to ensure that the owner used the land for agricultural purposes, but does not create conditions for support of agricultural producers. It is important to maintaining the economic and environmental interests of the participants of land relations. So there is a contradiction in the legislation. It is necessary to introduce legal liability for incomplete registration of land.


"The Institute of legal responsibility for violations in the delineated area is an integral part of the mechanism of legal influence on land relations. And as part of this mechanism, it should serve to ensure the protection of land resources, protection of rights and legitimate interests of owners, owners and users of land in the Russian Federation".[36]


State land use control land is the most important function of state. This control aims to ensure that all participants of land relations has complied with the statutory requirements. Conducting oversight allows not only to bring offenders to justice, but also in a timely manner to restore the land back into economic circulation. From the state of this control depends on the preservation of land as a natural resource.


The author expresses his gratitude to the doctor of legal Sciences L. B. Sitdikova for her professional advice and support throughout this challenging project, and doctor of legal Sciences L. C. Goloskokov for his help in the practical part of the work, and for those who have their attention, constant support were next.



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[2] On state land supervision: regulation of the RF Government dated 15.11.2006 No. 689 //Sz the Russian Federation. - 2006. No. 47. - Article. 4919.


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[4] On amendments to certain legislative acts of the Russian Federation in terms of improvement of state land supervision: the project of the Federal law No. 421545-6 (edition adopted by the state Duma in the first reading on 25.02.2014)


[5] Code of the Russian Federation about administrative offences dated 30.12.2001 No. 195-FZ (as amended on 12.03.2014) (to MEAs. and additional, takes. in force from 01.04.2014) // Sz the Russian Federation. - 2002. No. 1 (1 o'clock). - Article. 1.


[6] Zhukova O. I. the Subject, the limits and objectives of prosecutorial supervision over implementation of laws in the sphere of land use // the Lawyer. - 2011. No. 11. C. 64 - 70.


[7] The land code of the Russian Federation dated 25.10.2001 No. 136-FZ (as amended on 28.12.2013) (to MEAs. and additional, takes. in force from 01.01.2014) //Sz the Russian Federation. - .2001. No. 44. Article 4147.


[8] On the protection of rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control: the Federal law of the Russian Federation dated December 26, 2008 № 294-FZ// Sz the Russian Federation. - 2008. No. 52 (1 o'clock). - Article. 6249.


[9] Public Prosecutor's supervision over execution of legislation in the sphere of economy: Sat. the methodological. materials. - M.: Academy of the General Prosecutor of the Russian Federation, 2010. - S. 20, 28.


[10] SZ THE RUSSIAN FEDERATION. - 2008. No. 52 (1 o'clock). - Article. 6249



[11] Talipov D. H., Boldyrev D. Y. Supervision of the execution of the laws: the substitution of the functions of regulatory authorities or their coordination // Legality. - 2012. No. 4. - S. 28 - 33.



[12] On amendments to certain legislative acts of the Russian Federation on the implementation of state control (supervision) and municipal control: the Federal law of 18.07.2011 n 242-FZ (as amended on 03.02.2014) // Sz the Russian Federation. - 2011. No. 30 (1 o'clock). - Article. 4590.



[13] SZ THE RUSSIAN FEDERATION. - 2006.- No. 47. - Article. 4919.


[14] On approval of the regulations on the Federal service for veterinary and phytosanitary surveillance: the decree of the RF Government dated 30.06.2004 № 327 (as amended on 02.11.2013) // the Russian newspaper. - 2004 .- No. 150.


[15] On the issues of state control (supervision) and repealing certain acts of the Government of the Russian Federation (together with the "Regulation on the Federal state supervision in the field of communications", "Regulations of the state supervision in the field of atmospheric air protection", "Regulations of the state supervision in the sphere of use and protection of water objects", "Regulations of the Federal state supervision in the field of protection, reproduction and use of wildlife and their habitats", "regulation of a Federal state fire supervision in the woods", "Regulations of the state veterinary supervision, and "Regulations of the Federal state sanitary and epidemiological supervision"): resolution of the Russian Government dated 05.06.2013 No. 476 // Sz the Russian Federation. - 2013. N Погодина Н.А., Карелин К.В. Соотношение контроля и надзора в российской правовой системе // Российская юстиция. - 2012. -  № 3. -  С. 72 - 74.


[16] SZ THE RUSSIAN FEDERATION. - 2002. No. 1 (1 o'clock). - Article. 1.o. 24. - Article. 2999.


[17] Shafranov A. the Separation of control and supervision activities in the sphere of Executive power // Law and life. - 2006. No. 1. - http://www.law-n-life.ru/arch/n91.aspx.


[18] Belyaev B. N. Control and supervision as a form of legal activity: author. dis. Dr. jorid. Sciences. - Saratov. - 2006. - S. 9.


[19] SZ THE RUSSIAN FEDERATION. - .2001. No. 44. Article 4147.


[20] SZ THE RUSSIAN FEDERATION. - 2008. No. 52 (1 o'clock). - Article. 6249.


[21] SZ THE RUSSIAN FEDERATION. - 2008. No. 52 (1 o'clock). - Article. 6249.


[22] SZ THE RUSSIAN FEDERATION. - 2008. No. 52 (1 o'clock). - Article. 6249.


[23] S Vinokurov, A. Y. State land supervision: problems of legal regulation // Legal issues of real estate. - 2013. No. 1. - N-2 - 4.Z THE RUSSIAN FEDERATION. - 2008. No. 52 (1 o'clock). - Article. 6249.



[24] SZ THE RUSSIAN FEDERATION. - 2008. No. 52 (1 o'clock). - Article. 6249.


[25] On the protection of rights of legal entities and individual entrepreneurs during state control (supervision): the Federal law of 08.08.2001, No. 134 // Sz the Russian Federation. - 2001. No. 33 (part I). - Article. 3436.


[26] SZ THE RUSSIAN FEDERATION. - 2008. No. 52 (1 o'clock). - Article. 6249.


[27] Official website of Rosreestr. URL: http://www.rosreestr.ru/cadastre/ground_control/statinfo (date of access 02.03.2014 year).


[28] Official website of Rosreestr. Reports 9-3M. URL: https://rosreestr.ru/wps/poral/p/cc_ib_state_supervision/ (date of access 02.03.2014 year).


[29] On approval of the Rules of preparation of the bodies of state control (supervision) and municipal control of annual plans of planned inspections of legal entities and individual entrepreneurs: the decree of the Government of the Russian Federation of 30 June 2010, No. 489 (as amended on December 30, 2011) // Sz the Russian Federation. - 2010. - No. 28. - Article. 3706.


[30] On approval of the Administrative regulation of the Federal service for state registration, cadastre and cartography inspections during implementation of the state land control in respect of legal entities and individual entrepreneurs Registered in Ministry of justice of the Russian Federation 20.10.2011 No. 22094): order of the Ministry of economic development of the Russian Federation dated 30.06.2011 No. 318// Bulletin of normative acts of Federal Executive authorities. 2011. No. 44.



[31] On approval of Administrative regulations of execution of the Federal service for supervision in the sphere of nature management of the state to enforce Federal state ecological supervision: the order of the Ministry of Russia dated 29.06.2012 No. 191 (Registered in Ministry of justice of Russia 16.11.2012 N 25824) // the Russian newspaper. - 2013. No. 12.



[32] On approval of Administrative regulations of execution by the Federal service for veterinary and phytosanitary surveillance of the state to implement the state land supervision in respect of agricultural land and agricultural land use in land settlements: the order of the Ministry of agriculture of Russia dated 30.01.2012 No. 96 (Registered in Ministry of justice of Russia 09.06.2012 N 24537) // Bulletin of normative acts of Federal Executive authorities. - 2012. No. 47.



[33] SZ THE RUSSIAN FEDERATION. - 2008. No. 52 (1 o'clock). - Article. 6249.



[34] SZ THE RUSSIAN FEDERATION. - 2008. No. 52 (1 o'clock). - Article. 6249.



[35] SZ THE RUSSIAN FEDERATION. - 2008. No. 52 (1 o'clock). - Article. 6249.



[36] Halinovskii E. A. Institute of legal liability as a component of the land law // Journal of Russian law. - 2014. No. 1. - S. 41 - 48.

Ключевые слова/Tags1: the state land control powers of the state authorities, forms of land control.