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УДК: 332 DOI:10.33920/sel-04-2104-03

New draft Federal law "Land Management" Is full of flaws

I.D. Stafiychuk Honorary Land Surveyor of Russia, Honored Land Surveyor of the Republic of Bashkortostan, Member of the International Academy of Agricultural Education, PhD Candidate in Economic Sciences, Professor of the Land Management Department Е-mail: stafijchuk@mail.ru
A.N. Kutliyarov PhD Candidate in Economic Sciences, Associate Professor of the Land Management Department Е-mail: Kutliarov-A@mail.ru
D.N. Kutliyarov PhD Candidate in Technical Sciences, Associate Professor of the Department of Environmental Engineering, Construction, and Hydraulics Е-mail: Kutliarov-D@mail.ru
A.D. Lukmanova PhD Candidate in Agricultural Sciences, Associate Professor of the Land Management Department Е-mail: lyk_alfiya@mail.ru
R.R. Khisamov PhD in Biology, Professor, Department of Real Estate Cadastre and Geodesy Е-mail: hisrail@mail.ru
Z.A. Galin PhD in Economics, Professor, Department of Economics and Management Е-mail: galzag_47@mail.ru Bashkir State Agrarian University, Ufa, Russia

The article considers a new version of the draft of federal law "On land management" finalized after consideration by the Department of Natural Resources, Land Relations and Agro-Industrial Complex of the Russian Government Federal Service of State Registration, Cadastre, and Cartography (Rosreestr) and submitted 11.12.2020 for approval to the Ministry of Agriculture of Russia. The article contains critical comments on the draft law and suggestions for their elimination. The need to consider the country's rich experience is emphasized.

Литература:

1. Land Code of the Russian Federation No. 136-FZ dated 25.10.2001 (ed. dated 03.08.2018) (with amendments and additions, in force from 01.10.2018) // Consultant Plus.

2. Federal Law No. 78-FZ dated 18.06.2001 "On land management" (ed. dated 31.12.2017) // Consultant Plus Information System.

3. Draft Federal Law "On Land Management" dated October 26, 2018.

4. Draft Federal Law "On Land Management" dated January 28, 2019.

5. Draft Federal Law "On Land Management" dated December 11, 2020.

6. Explanatory note to the draft federal law No. 11-10805-AB/20 dated December 10, 2029 "On Land Management".

Land management effectively regulates land relations and organizes the rational use and protection of land, especially during land reforms. The first state body on land affairs and land management in Russia - the Pomestnaya izba (soon renamed Pomestniy Prikaz) was created in 1556 - 1557. And since then, land management has repeatedly played a prominent role in the development of the state.

Federal Law No. 78-FZ dated June 18, 2001 "On Land Management" was adopted 11 years after the Law "On Land Reform" dated November 23, 1990. During this time, the legal regime of land and forms of land management, the structure of land management bodies, the content and tasks of land management have changed. Significant changes in land laws occurred between 2001 and 2018. All this made it necessary to adjust the Federal Law "On Land Management". Therefore, the Government of the Russian Federation by Order No. 2925-r dated December 23, 2017, instructed the Ministry of Economic Development to prepare a new version of the law "On Land Management" by December 2018. The draft was prepared and reviewed by the Ministry of Economic Development on October 26 and November 7. But it drew sharp criticism from experts. We also submitted our comments on the draft law and received a reply, in which the Department of Real Estate of the Ministry of Economic Development said that the comments would be addressed when finalizing the draft. The new version was finalized, reviewed by the Department of Natural Resources, Land Relations, and AgroIndustrial Complex of the Government of Russia, and on December 11, 2020, it was submitted for approval to the Ministry of Agriculture of Russia. In the new draft law, many of the flaws noted have been eliminated. The experience of land management in Germany, the Netherlands, and Sweden is shown. But the centuries-old experience of land management in Russia has gone unnoticed. Germany's experience in spatial and landscape land use planning, based on the law "On Land Management" dated March 16, 1976, has not attracted attention. At the same time, it is stubbornly recommended to replace the principle of land division by purpose adopted in Russia with agricultural zoning according to the Swedish model. Such a replacement would undoubtedly cause great damage to agricultural land and would require a revision of all land laws.

Для Цитирования:
I.D. Stafiychuk, A.N. Kutliyarov, D.N. Kutliyarov, A.D. Lukmanova, R.R. Khisamov, Z.A. Galin, New draft Federal law "Land Management" Is full of flaws. Землеустройство, кадастр и мониторинг земель. 2021;4.
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