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How to get a land plot for rent without bidding?

Are you planning to buy land? for rent without auction? First of all, familiarize yourself with the current legislation governing the grounds and procedure for granting state or municipal land plots for the use of citizens and organizations.

Federal Laws No. 171-F3 dated June 23, 2014, No. 224-F3 dated July 21, 2014, and No. 487-F3 dated December 29, 2014, amended the Land Code of the Russian Federation, significantly changing the procedure for disposing of land plots. The main part of these amendments came into force on March 1, 2015.

This analytical material discusses the main issues of providing state-owned land plots for rent without bidding after 03/01/2015.

Legal Center DVA M is ready to help you realize your the right to lease land plots that are in state or municipal ownership and provide full legal support, including on:

• Preparation of legal opinions
• Representative offices in authorized bodies
• Representation of interests in court
• Interactions with designers and experts
• Comprehensive legal support for construction and investment projects

1. Grounds for granting land plots in state or municipal ownership without holding an auction

1.1. The version of the Land Code of the Russian Federation, in force until 01.03.2015, provided for a fairly wide list of grounds under which land plots in state or municipal ownership can be leased without bidding. In essence, land plots for the purpose of housing construction were subject to provision exclusively at the auction. Other types of permitted use left the possibility of providing plots for rent without bidding, subject to a number of conditions (in particular, subject to advance publication of the planned provision of a land plot).

After March 1, 2015, this procedure has undergone significant changes.

In accordance with Part 1 of Art. 39.6 of the Land Code of the Russian Federation (effective from 03/01/2015), lease agreements for land plots owned by the state or municipality are concluded at auctions held exclusively in the form of an auction, with the exception of cases expressly provided for in paragraph 2 of this article.

In addition, by virtue of paragraph 7 of Art. 39.11 of the Land Code of the Russian Federation in the event that, in accordance with the main type of permitted use of the land plot, the construction of buildings, structures is provided, the provision of such a land plot is carried out by holding an auction for the right to conclude a lease agreement for a land plot, except for cases of holding an auction for the sale of a land plot or an auction the right to conclude a lease agreement for a land plot in accordance with Article 39.18 of the Code (see clause 3 of this Certificate).

In this way, as a general rule, any provision of land plots for rent must be carried out at an auction, except for cases expressly provided for by the Land Code of the Russian Federation.

1.2. Part 2 of Article 39.6 of the Land Code of the Russian Federation establishes 34 grounds for concluding a lease agreement for a land plot without bidding.

Of these, the following grounds are of practical importance for the local government:

1) provision of land plots to legal entities for the placement of facilities designed to provide electricity, heat, gas and water supply, sewerage, communications, oil pipelines, objects of federal or local significance (subclause 4, part 2, article 39.6 of the Land Code of the Russian Federation) . It follows from this paragraph that the provision of land plots for the construction of boiler houses, sewage pumping stations, electrical facilities is carried out without an auction;

2) provision of a land plot on which buildings, structures are located, to the owners of buildings, structures, premises in them and (or) persons to whom these objects are provided on the basis of the right of economic management or operational management (subclause 9, part 2, article 39.6 of the Land Code ). This ground is analogous to the previously existing Art. 36 of the Land Code of the Russian Federation, which determined exclusive right owners of buildings, structures and structures located on the land plot for their acquisition at their own discretion for rent or ownership;

3) provision of a land plot on which objects of construction in progress are located, once for the completion of their construction to the owners of objects of construction in progress in the cases provided for in paragraph 5 of Art. 39.6 of the Land Code of the Russian Federation. This ground is considered in more detail in clause 2.2 of this Certificate;

4) provision of a land plot for rent in the procedure for re-registration of the right of permanent (unlimited) use (subclause 11, part 2, article 39.6 of the Land Code of the Russian Federation);

5) provision of a land plot instead of a land plot provided to a citizen or legal entity on the right of lease and withdrawn for state or municipal needs (subclause 16, part 2, article 39.6 of the Land Code of the Russian Federation). The version of the Land Code of the Russian Federation, which comes into force on March 1, 2015, allows the seizure of land plots encumbered with rent for state or municipal needs with the provision of a plot in return for the withdrawn one. In this case, as follows from the analyzed provisions of the law, the provision of a land plot instead of the withdrawn one is carried out without bidding;

6) provision of a land plot to a person who has the right to acquire ownership of a land plot that is in state or municipal ownership, without holding an auction, including free of charge, if such a land plot is reserved for state or municipal needs or is limited in circulation (subpara. 18 hours 2 article 39.6 of the Land Code of the Russian Federation). The grounds for granting a land plot into ownership without bidding are enshrined in Art. 39.3 of the Land Code of the Russian Federation. If there are grounds for granting a land plot for ownership without holding an auction, but the land plot is limited in circulation or reserved for state or municipal needs, this conflict is resolved by concluding a lease agreement for this plot with an eligible person without holding an auction;

7) a land plot for a citizen for haymaking, grazing farm animals, gardening or a land plot located outside the boundaries of a settlement, for a citizen for running a personal subsidiary plot (subclause 19, part 2, article 39.6 of the Land Code of the Russian Federation). It is important to note that the provision of a plot for horticulture, as well as a plot for private household plots outside the city limits carried out without bidding. The procedure for providing these sites is analyzed in clause 2.3 of this Information. Please note that the provision of land for personal subsidiary plots within the boundaries of settlements is carried out in accordance with the procedure regulated by Art. 39.18 of the Land Code of the Russian Federation (see clause 3 of this Certificate);

8) provision of a land plot necessary for carrying out work related to the use of subsoil to a subsoil user (subclause 20, part 2, article 39.6 of the Land Code of the Russian Federation);

9) provision of a land plot necessary for the implementation of activities provided for by the concession agreement to the person with whom the concession agreement has been concluded (subclause 23, part 2, article 39.6 of the Land Code of the Russian Federation);

10) provision of a land plot formed from a land plot that is in state or municipal ownership, including those provided for the integrated development of the territory, to a person with whom a lease agreement for such a land plot was concluded (subclause 5, part 2, article 39.6 of the Land Code RF);

11) provision of a land plot intended for agricultural production to a tenant who properly used such a land plot, provided that an application for concluding a new lease agreement for such a land plot was submitted by this tenant before the expiration date of the previously concluded lease agreement for such a land plot (subclause 31, part 2, article 39.6 of the Land Code of the Russian Federation);

12) provision of a land plot to a tenant, if this tenant has the right to conclude a new lease agreement for such a land plot without bidding (subclause 32, part 2, article 39.6 of the Land Code of the Russian Federation). A detailed analysis of the procedure and grounds for concluding a new lease agreement for a land plot without bidding is given in clause 2.1. of this Help.

The procedure for concluding lease agreements in cases that do not require bidding is fixed by Art. 39.14-39.17 of the Land Code of the Russian Federation and analyzed in paragraph 2 of this Information.

2. The procedure for concluding a lease agreement without bidding

The procedure for concluding a lease agreement without bidding depends on the grounds on which the potential tenant has the right to conclude such an agreement.

In order to determine the procedure for concluding a lease agreement without bidding, all grounds for concluding agreements can be conditionally divided into three groups:

1) conclusion of a lease agreement with a person entitled to conclude a new lease agreement without bidding (grounds specified in subparagraphs 31 and 32, part 2, article 39.6 of the Land Code of the Russian Federation);

2) the conclusion of a lease agreement for a land plot on which objects of construction in progress are located, once for the completion of their construction to the owners of objects of construction in progress (the basis provided for by paragraph 5 of article 39.6 of the Land Code of the Russian Federation);

3) conclusion of a lease agreement for a land plot without bidding on other grounds provided for by the Land Code of the Russian Federation.

Below is a detailed analysis of the procedure for concluding lease agreements without bidding for each of the above grounds.

Legal Center DVA M renders legal services on issues of granting land plots for lease or ownership, including:

• holds legal expertise availability grounds for granting plots without bidding;
• provides legal support procedures for registration of rights to land plots from the stage of formation of a land plot to its provision into ownership (lease);
• carries out legal support participation of customers in land auctions and challenging their results;
• provides services for representation of interests in the courts on disputes arising from the registration of rights to land plots without bidding.

2.1. Conclusion without bidding of a lease agreement for new term.

In accordance with Part 15 of Art. 39.8 of the Land Code of the Russian Federation, the tenant of a land plot that is in state or municipal ownership, as a general rule, does not have a pre-emptive right to conclude a lease agreement for such a land plot for a new term without holding an auction.

However, there are a number of exceptions to this rule.

The following persons are entitled to conclude a lease agreement for a new period without holding an auction:

2.1.1. Tenants of a land plot intended for agricultural production, who properly used the land plot during the term of the previous lease agreement (subparagraph 31, part 2, article 39.6 of the Land Code of the Russian Federation, paragraph 5, article 9 of the Federal Law “On the turnover of agricultural land "). In this case, the basis for concluding a lease agreement for a new term is the application of the tenant submitted to the landlord before the conclusion of the previous lease agreement. The law does not require any other documents.

2.1.2. Land tenants, if:

The land plot was leased to a citizen or a legal entity without bidding (subclause 1, part 3, article 39.6 of the Land Code of the Russian Federation). This ground does not apply to cases where the conclusion of an agreement without holding an auction was carried out due to the fact that the initial provision of the land plot was planned on the basis of an auction, but this auction was declared invalid due to the presence of one application (clauses 13, 14, 20 article 39.12 of the Land Code of the Russian Federation). In this case, the initial provision of a land plot for lease is recognized as provision at an auction, and such a tenant does not have the right to conclude a new lease without an auction;

The land plot was provided to a citizen at an auction for gardening or dacha farming (subparagraph 2, part 3, article 39.6 of the Land Code of the Russian Federation). It follows from this rule that even if the initial provision of a plot to citizens for gardening or dacha farming was carried out at an auction, the subsequent provision of such a plot for rent for a new period is possible without an auction.

2.1.3 Provision of a land plot for a new term without bidding on the grounds specified in clause 2.1.2 of this Certificate is allowed only if there is a simultaneous combination of all the following conditions defined in Part 4 of Art. 39.6 of the Land Code of the Russian Federation:

1) an application for the conclusion of a new lease agreement for such a land plot has been filed by this citizen or this legal entity before the date of expiration of the previously concluded land lease agreement;

2) the exclusive right to acquire such a land plot in the cases provided for by this Code and other federal laws does not belong to another person. For example, on this site there are no buildings, structures or structures owned by the right of ownership or the right of economic management to another person;

3) the previously concluded lease agreement for such a land plot was not terminated with this citizen or this legal entity on the grounds provided for in paragraphs 1 and 2 of Article 46 of the Land Code of the Russian Federation;

4) at the time of the conclusion of a new lease agreement for such a land plot, there are grounds provided for in subparagraphs 1 - 30 of paragraph 2 of Article 39.6 of the Land Code of the Russian Federation for the provision of a land plot without bidding, the lease agreement of which was concluded without bidding. This condition is fundamental and means that in itself the initial provision of a land plot for rent without bidding does not give the right to conclude a lease agreement for a new term without bidding, if at the time of the conclusion of a new agreement such a land plot (based on its category and type of permitted use) must be provided at auction (for example, the type of permitted use of the site for construction-related purposes has been changed).

To conclude a lease agreement for a new term on the grounds specified in clause 2.1.2. of this Certificate, interested tenants provide the tenant with an application for the conclusion of a new lease agreement. Checking the presence / absence of other criteria necessary for concluding a new lease agreement without bidding is the responsibility of the lessor.

2.2. Conclusion without bidding of a lease agreement for the completion of an unfinished construction object.

The new version of the Land Code of the Russian Federation significantly changes the legal regulation of the land use regime for plots occupied by construction in progress located on leased plots, the lease term of which has expired.

As noted earlier, as a general rule, a person to whom a land plot was provided for construction purposes does not have a pre-emptive right to provide this plot under a lease agreement for a new period without holding an auction (part 15 of article 39.8 of the Land Code of the Russian Federation).

In accordance with Part 5 of Art. 39.6 of the Land Code of the Russian Federation, if the object of construction in progress is located on a land plot, the term of the lease agreement of which has expired, the body authorized to dispose of this land plot, within six months from the date of expiration of the lease agreement, has the right to file a claim with the court for the withdrawal of the object of construction in progress and selling it at public auction.

The rules for holding public auctions for the sale of construction in progress are defined by Article 239.1 Civil Code of the Russian Federation and Decree of the Government of the Russian Federation of December 3, 2014 No. 1299.

A person who has bought an object of construction in progress at a public auction has the right to conclude a lease of this land plot once without holding an auction to complete the construction of the object.

The lease agreement in this case is concluded for a period exceeding twice the period established by the federal executive body authorized by the Government of the Russian Federation as the period necessary to fulfill engineering surveys, implementation of architectural and construction design and construction of buildings, structures (part 9 of article 39.8 of the Land Code of the Russian Federation).

If within six months from the date of the expiration of the lease agreement for the land plot on which the object of construction in progress is located, the authorized body did not file a claim with the court for the withdrawal of this object and its sale at public auction, or if the object was not sold at auction due to the absence of the persons participating in the auction, the owner of the construction in progress object has the right to apply to the authorized body with an application to conclude a lease agreement for this land plot without holding an auction for the purpose of completing the construction of the object located on it.

In this case, the lease agreement is concluded for a period of up to three years (subclause 6, part 8, article 39.8 of the Land Code of the Russian Federation).

It should be noted that the legal regimes described above apply to legal relations that arose after 03/01/2015.

In accordance with paragraph 21 of Art. 3 of the Federal Law "On the Enactment of the Land Code of the Russian Federation" in the event that the object of construction in progress is located on a land plot that is in state or municipal ownership, and the ownership of the specified object was registered before March 1, 2015 or such a land plot was granted before 1 March 2015 for lease, the owner of the said object has the right to acquire such a land plot for lease for a period of three years once to complete its construction without bidding in the order.

At the same time, the provision of a site without bidding in accordance with the paragraph of the Law under consideration is possible once.

2.3. The procedure for concluding a lease agreement without holding an auction in other cases.

2.3.1. Provision without bidding of the formed site.

The procedure for concluding lease agreements for land plots in cases not considered in paragraphs. 2.1 and 2.2. of this Help, settled by Art. Articles 39.14-39.17 of the Land Code of the Russian Federation.

The procedure for concluding a lease agreement depends on whether the requested land plot has been formed or not. If the land plot is formed and is on the cadastral register, then in order to provide the land plot for rent - if there are established grounds - the interested person sends to the body authorized to dispose of the land plot an application for granting the land plot (part 1 of article 39.17 of the Land Code of the Russian Federation).

In the application, among other things, information about the applicant is indicated, cadastral number plot, grounds for granting a land plot for rent without an auction.

It is important to note that if the Land Code of the Russian Federation allows the provision of a land plot to a person for ownership or lease without holding an auction, the type of right on which such a land plot is granted is chosen by the applicant (part 6 of article 39.14 of the Land Code of the Russian Federation).

An application for the provision of a land plot without bidding must be considered by the authorized body within thirty days (part 5 of article 39.17 of the Land Code of the Russian Federation), during which the authorized body prepares a draft lease agreement and sends it to the applicant (if the boundaries of the land plot do not need to be clarified ) or refuses to provide a land plot on the grounds, the closed list of which is specified in Art. 39.16 of the Land Code of the Russian Federation (see clause 2.3.3 of this Certificate).

The version of the Land Code of the Russian Federation, which comes into force on March 1, 2015, does not provide for the need to publish information on the planned provision of a land plot without bidding. The only exception is the provision of land plots to citizens for individual housing construction, personal subsidiary farming within the boundaries of a settlement, gardening, dacha farming to citizens and peasant (farmer) farms for the peasant (farmer) farm to carry out its activities (Article 39.18 of the Land Code of the Russian Federation, see p. 3 of this Help).

In accordance with Part 4 of Art. 39.17 of the Land Code of the Russian Federation, applications for the provision of a land plot are considered in the order in which they are received. This means that in case of competition of applications for the same plot, which can be leased without bidding (for example, for running a personal subsidiary plot outside the settlement), the lease agreement is concluded with the person who first submitted the application without holding an auction. .

2.3.2. Provision without bidding of an unformed plot.

If a land plot that can be provided without bidding is not formed, the procedure for its provision, described in clause 2.3.1. this Certificate must be preceded by a procedure for preliminary approval of the provision of a land plot (part 1 of article 39.14 of the Land Code of the Russian Federation).

The essence of this procedure is as follows:

1) a person interested in providing a plot prepares a layout plan for the requested land plot, if the land plot is to be formed and the land surveying project within the boundaries of which such a plot is to be formed has not been approved (Subclause 1, Part 1, Article 39.14 of the Land Code of the Russian Federation);

2) the interested person applies to the authorized body with an application for preliminary approval of the provision of a land plot.

The application, among other things, specifies the details of the applicant, the grounds for granting the requested plot without bidding, the type of right on which the plot is requested, information about the requested boundaries of the plot, determined by the layout plan prepared by the applicant, or the survey project.

Accordingly, the application shall be accompanied by a diagram of the location of the land plot and documents confirming the existence of grounds for granting the land plot without bidding.

An application for preliminary approval of the provision of a land plot is considered within 30 days.

The grounds for refusal in preliminary approval of the provision of a land plot are the existence of grounds for refusing to agree on the location scheme specified in paragraph 16 of Art. 11.10 of the Land Code of the Russian Federation), as well as the existence of grounds excluding the provision of a plot without bidding in accordance with Art. 39.16 of the Land Code of the Russian Federation.

In other cases, the authorized body is obliged to agree on the provision of a land plot.

The decision on the preliminary approval of the decision to provide a land plot is the basis for carrying out cadastral work at the expense of the applicant for its formation and cadastral registration (clauses 4-5 of article 39.14 of the Land Code of the Russian Federation).

The decision on preliminary approval of the provision of a land plot is valid for two years (part 14 of article 39.15 of the Land Code of the Russian Federation), during which the applicant has the right to ensure that the land plot is registered with the cadastral register and apply for a land plot.

After the land plot is put on the cadastral register, the applicant, in respect of which a decision has been made on preliminary approval of the provision of the land plot, applies to the authorized body with an application for the provision of the land plot to him in the manner previously considered in clause 2.3.1. of this Help.

It should be noted that if several applications for preliminary approval of the provision of a land plot have been received for one plot, these applications are considered in the order they are received (part 4 of article 39.15 of the Land Code of the Russian Federation). In other words, when several bids are received for one site, priority is given to the first bid received without bidding.

Once again, it should be noted that the procedure for preliminary approval described in this paragraph when granting a land plot to citizens for individual housing construction, personal subsidiary farming within the boundaries of a settlement, gardening, dacha farming for citizens and peasant (farmer) farms for the implementation of a peasant (farm) economy its activities, is applied taking into account the specifics specified in Art. 39.18 of the Land Code (see clause 2.3.4 of this Certificate).

2.3.3. Grounds for refusal to provide plots for rent without bidding.

An exhaustive list of grounds on which the authorized body has the right to refuse to provide a land plot for rent without holding an auction is given in Art. 39.16 of the Land Code of the Russian Federation.

The grounds for refusal given in this article can be divided into several conditional groups 1:

1) the applicant does not have the right to provide a site without bidding;

2) there are buildings, structures or structures on the plot that belong to other persons on the property right;

3) the site is encumbered with the rights of third parties (the right of ownership, lease or the right of permanent (unlimited) use). Accordingly, this ground does not apply if the tenant of the site or the owner of the right of permanent (perpetual) use has applied for the purchase of the site or its re-registration for rent in accordance with paragraphs. 9 and 10 hours 2 tbsp. 39.6 of the Land Code of the Russian Federation;

4) the land plot is reserved for state or municipal needs if the applicant filed an application for granting the land plot for ownership, permanent (unlimited) use or with an application for granting the land plot for rent, free use for a period exceeding the validity period of the decision on reservation a land plot, except for the case of providing a land plot for the purposes of reservation;

5) the site is located on the territory in respect of which an agreement on its integrated development or an agreement on the development of a built-up territory has been concluded;

6) the site is the subject of an announced auction, in relation to it a decision was made on preliminary approval of the provision, or in relation to the site, an application was previously received to hold an auction or on preliminary approval of its provision;

7) the type of use of the site requested by the applicant does not correspond to the type of use of the site according to the cadastral registration data and territorial planning documents (with the exception of the placement of linear facilities in accordance with the approved territory planning project);

9) the boundaries of the land plot are subject to clarification in accordance with the Federal Law "On the State Real Estate Cadastre".

In the presence of those specified in Art. 39.16 of the Land Code of grounds, the authorized body refuses to provide a land plot without bidding or to agree on a preliminary provision of a plot (if the requested plot has not been formed).

3. The specifics of providing plots without bidding to citizens and peasant (farm) enterprises in some cases

Considered in paragraph 2.3. of this Certificate, the procedure for granting land plots for rent without bidding has its own specifics applicable when providing land plots to citizens for individual housing construction, personal subsidiary farming within the boundaries of a settlement, gardening, dacha farming to citizens and peasant (farmer) farms for the implementation of peasant (farm) ) the economy of its activities.

In accordance with Art. 39.18 of the Land Code of the Russian Federation, in the event of receipt of an application from a citizen or a peasant (farm) economy for preliminary approval of the provision of the above land plots, the authorized body, within a period not exceeding thirty days from the date of receipt of any of these applications, commits one of the following:

1) ensure the publication of a notice on the provision of a land plot for the specified purposes in the mass media used for the official publication of municipal regulatory legal acts, and on the website of the authorized body on the Internet.

2) refuses to preliminarily agree on the provision of a land plot or to refuse to provide a land plot on the grounds specified in paragraph 6 of Art. 39.15 and Art. 39.16 of the Land Code of the Russian Federation (see paragraphs 2.3.2 and 2.3.3 of this Certificate)

The notice states:

1) information on the possibility of providing a land plot, indicating the purposes of this provision;

2) information on the right of citizens or peasant (farm) holdings, within thirty days, respectively, from the date of publication, to declare their intention to participate in an auction for the sale of such a land plot or an auction for the right to conclude a lease agreement for such a land plot;

3) the address and method of filing statements of intent to participate in the auction and the timing of their submission;

4) address or other description of the location of the land plot;

5) cadastral number and area of ​​the land plot in accordance with the data state cadastre real estate, unless the requested land plot is to be formed;

6) the area of ​​the land plot in accordance with the land surveying project or with the layout of the land plot, if an application has been submitted for the provision of the land plot to be formed;

7) details of the decision to approve the project of land surveying of the territory if the formation of the land plot is to be in accordance with the approved project of land surveying of the territory, the conditional number of the requested land plot, as well as the address of the site in the information and telecommunication network "Internet" on which the approved project is posted;

8) the address and time of reception of citizens to familiarize themselves with the layout of the land plot, in accordance with which the land plot is to be formed, if this scheme is presented on paper.

The decision to conclude a lease agreement for a land plot or to preliminarily agree on the provision of a land plot is made by the authorized body without holding an auction only if, after thirty days from the date of publication of the notice, statements of other citizens, peasants (farmers) about their intention to participate in the auction have not been received.

In this case, the authorized body makes a decision on preliminary approval of the provision of a land plot (if the land plot has not been formed) or on the conclusion of a lease agreement. In the first case, the lease agreement is concluded after the land plot is registered with the cadastral register and an application is received from the person in respect of which a decision was made to preliminarily agree on the provision of the land plot. The contract is concluded without an auction.

If, within thirty days from the date of publication of the notice, other statements of citizens and / or peasant (farmer) households about their readiness to participate in the auction are received, the provision of the land plot is carried out exclusively at the auction.

At the same time, according to part 7 of Art. 39.18 of the Land Code of the Russian Federation in this case, holding an auction is an obligation, and not the right of an authorized body.

The procedure for granting land plots at the auction is discussed in detail in a separate analytical report.

1 The list below systematizes the grounds for refusal established by the analyzed article, but is not exhaustive and does not cover all the exceptions and nuances provided for in this article.

Attention! From March 1, 2015, it is possible to rent a land plot that is in state or municipal ownership only at auctions (auctions). But the law provides for several exceptions.

As a general rule, it is impossible to get a land plot for rent without bidding. Moreover, bidding is carried out only in the form of an auction (the competition is not held). This follows from paragraph 1 of Article 39.6 of the Land Code of the Russian Federation.

But there are exceptions. In some cases, a lease agreement for a plot of public land can be concluded without bidding. The list of such cases is closed (clause 2, article 39.6 of the Labor Code of the Russian Federation). So, these include the provision of land plots to organizations:

• for state and socially useful purposes (for the placement of social, cultural and municipal facilities, the implementation of large-scale investment projects, the integrated development of the territory, the fulfillment of international obligations of the Russian Federation, the placement of facilities designed to provide electricity, heat, gas and water supply and etc.),
• for agricultural production,
• on the basis of a decree or order of the President of the Russian Federation, for the placement of nuclear installations, radiation sources, storage facilities for nuclear materials and radioactive substances, etc.

In addition, land can be leased without bidding (clause 2, article 39.6 of the Land Code of the Russian Federation):

• owners of buildings, structures that are located on these land plots,
• owners of objects of construction in progress such objects that are located on the sites (once and only for the completion of their construction),
• citizens who have the right to priority or extraordinary provision of a land plot,
• citizens who acquire land for individual housing construction, dacha farming, personal subsidiary farming within the boundaries of a settlement, gardening, for running a peasant (farm) economy,
• citizens and organizations from which the land was confiscated for state or municipal needs, etc.

Finally, it must be borne in mind that the law has established a special list of cases when a land plot cannot be the subject of an auction at all (clause 8, article 39.11 of the Land Code of the Russian Federation). For example, the subject of an auction cannot be a land plot:

• the boundaries of which are subject to clarification,
• which is not assigned to a specific category of land,
• granted on the right of permanent (perpetual) use, gratuitous use, lifetime inheritable possession or lease,
• in respect of which a decision has been made on the preliminary approval of its provision,
• and other cases.

Until March 1, 2015, the procedure for leasing a land plot in public ownership depended on the purposes for which it was leased:

• for construction
• or for purposes other than construction.

For construction, the procedure for providing a site differed depending on the need for certain works, that is:

• without prior agreement on the location of objects,
• with preliminary agreement on the location of objects.

Without bidding, it was possible to obtain land with a preliminary agreement on the location of the object. This procedure was determined by Article 3032 of the Land Code of the Russian Federation. At the auction, land plots were provided for the purposes of construction without prior approval of the location of objects (Article 38 of the Land Code of the Russian Federation). That is, until March 1, lease agreements for a state or municipal land plot were concluded based on the results of auctions, competitions and without bidding.

After March 1, 2015, the regime for granting land plots for construction with prior agreement on the location of the object and without agreement does not differ. Now the law distinguishes between the provision of land for rent, depending on whose initiative this happens (clause 34, article 39.11 of the Labor Code of the Russian Federation):

• government or local government,
• a citizen interested in granting a land plot,
• interested organization.

The initiator of the registration process prepares documents for the land.

If the auction is held at the initiative of an interested person (citizen or organization), then he prepares a layout plan for the land plot. An exception will be in the case when the site is located within the boundaries of the subject of the Russian Federation of a city of federal significance (Moscow, St. Petersburg, Sevastopol) or within the boundaries of settlements. Then the layout of the land plot should be prepared by the authorized body (paragraph 2, subparagraph 1, paragraph 4, article 39.11 of the Land Code of the Russian Federation).

Does a tenant of a public land plot have a priority right to conclude a lease agreement for a plot for a new term?

No, it doesn't. In order to conclude a new lease agreement after the expiration of the previous agreement, an auction is required from March 1, 2015. This follows from paragraph 15 of Article 39.8 of the Land Code of the Russian Federation.

Previously, the law provided for the tenant such a pre-emptive right to conclude a lease agreement for a new term (clause 3, article 22 of the Land Code of the Russian Federation).

It follows that the cancellation of the pre-emptive right affects contracts concluded before March 2015, and not only contracts that will be concluded after this date. However, in some cases, the tenant retains the pre-emptive right to conclude a lease agreement. So, in particular, the law establishes that it is not necessary to conduct an auction if (clause 3, article 39.6 of the Labor Code of the Russian Federation):

• the land plot was provided without bidding (see when bidding is not required) (Article 39.6 of the Land Code of the Russian Federation),
• the lease agreement was concluded at an auction and the citizen received the land for gardening or dacha farming.

Exception: cases when the site was provided without bidding due to the recognition of the auction as invalid. That is, if only one applicant was recognized as a participant in the auction (clauses 13, 14 and 20 of article 39.12 of the Labor Code of the Russian Federation). In these cases, a new lease agreement must be concluded at the auction.

In order to conclude a new contract without bidding, several conditions must be taken into account (clause 4, article 39.6 of the Labor Code of the Russian Federation):

• the tenant must submit an application for the conclusion of a new contract before the expiration of the concluded contract,
• no other person has the exclusive right to conclude a lease agreement,
• the previously concluded lease agreement was not terminated.

Attention! For certain types of lease agreements, from March 1, 2015, the law established restrictions on the terms of the conclusion of contracts

Depending on the purpose of using the land plot, an agreement can be concluded for a certain period within the limits provided for by law, namely (clause 8, article 39.8 of the Land Code of the Russian Federation):

• for the construction or reconstruction of buildings and structures from three to ten years,
• for the integrated development of the territory or dacha management from three to five years,
• owners of a building or structure up to 49 years old,
• for individual housing construction or personal subsidiary farming up to 20 years,
• for haymaking, grazing of farm animals, gardening up to three years,
• for agricultural production from three to 49 years,
• in the case of leasing a land plot formed from the source plot for a period not exceeding the lease term of the plot that is the source,
• to complete the construction of an object of construction in progress up to three years, etc.

Who should be notified in case of assignment of rights under a lease agreement for land in public ownership: the owner or the lessor?

It is necessary to notify the landlord (clause 9, article 22 of the Labor Code of the Russian Federation).

Owner and landlord are not always the same person. For example, the owner of the site may be the administration of the municipality, and the lessor may be the municipal unitary enterprise (MUE) (decree arbitration court of the West Siberian District dated January 21, 2015 No. F04-14360/2014 in case No. A46-6723/2014).

Therefore, in the event of the assignment of the right to lease a site in public ownership, third parties need to be notified not of the owner, but of the lessor (previously, the law fixed the obligation to notify the owner).

Do the new norms of the Land Code of the Russian Federation apply to lease agreements that were concluded before March 1, 2015?

No, the new lease provisions do not apply to contracts entered into prior to March 1, 2015. This follows from Article 34 of Law No. 171-FZ.

Such contracts will operate according to the rules that existed at the time of their conclusion. In particular, until March 1, 2018, a land plot is leased in accordance with the provisions of the Land Code of the Russian Federation, which were in force until March 1, 2015, without bidding (Part 1, Article 34 of Law No. 171-FZ):

• Based on the tenant's request
• if the provision of the site is provided for by the decision on the preliminary approval of the location of the object, adopted before March 1, 2015, but not earlier than three years before the provision of the site.
• In addition, a land plot, in respect of which before March 1, 2015 a decision was made on the preliminary approval of the location of the object, within three years from the date of this decision cannot be:
• the subject of an auction for the sale of a land plot or an auction for the right to conclude a lease agreement for a land plot,
• provided without bidding to a person, if it is not specified in this decision.

This also follows from Part 1 of Article 34 of Law No. 171-FZ.

Land plots are leased in accordance with the version of the Land Code of the Russian Federation, which was in force until March 1, 2015, if it was published before that date (part 2 of article 34 of Law No. 171-FZ):

• notice of the auction for the sale of the right to conclude a lease agreement for a plot or
• notification of the presence of land plots offered for lease and owned by the state or municipality.

Similar rules apply if the authorized body has already approved the layout of the land plot on the cadastral plan or cadastral map of the territory for its provision for purposes not related to the construction or operation of buildings and structures. This is indicated in part 3 of article 34 of Law No. 171-FZ.

At the same time, it should be noted that the rule on the abolition of the pre-emptive right to conclude lease agreements applies, among other things, to agreements that were concluded before March 1, 2015.

Due to the fact that the procedure for leasing public lands has changed, the procedure for determining the rent for such land plots has also changed.

Coordination of the terms of the contract for the lease of public property and its state registration

In a lease agreement for public real estate, as in a lease agreement for any other property, the parties agree:

• the subject matter of the contract
• rent price,
• lease term,
• other conditions (procedure for the transfer and return of property, termination of the contract, rights and obligations of the parties, conditions for the jurisdiction of disputes, etc.).

A real estate lease agreement agreed upon and signed by the parties is subject to state registration, unless otherwise provided by law (clause 2, article 609 of the Civil Code of the Russian Federation).

The obligation to register depends on such a condition as the term of the lease agreement. Registration is not required if the contract is concluded for a period of less than one year or for an indefinite period. If the lease agreement is concluded for a period of one year or more, then registration is required (clause 2, article 651 of the Civil Code of the Russian Federation). An application for state registration of a real estate lease agreement can be submitted by any of the parties to the agreement, the tenant or the landlord. To register a lease agreement, you need to contact the territorial authority Federal Service state registration, cadastre and cartography (Rosreestr). The registration procedure is established by the Instruction on the procedure for the state registration of real estate lease agreements (approved by order of the Ministry of Justice of Russia dated August 6, 2004 No. 135). The list of documents submitted for state registration of the lease agreement is specified in paragraph 8 methodological recommendations on the procedure for state registration of rights to real estate and transactions with it, approved by order of the Ministry of Justice of Russia dated July 1, 2002 No. 184. For more information on the procedure for state registration of a lease agreement, see What a tenant needs to consider if a real estate lease agreement requires registration.

If the parties do not agree on the essential terms of the contract, then it is recognized as not concluded. If you do not register a lease agreement that requires state registration, then it will also not be considered concluded.

At the same time, until recently, it was not clear by what rules it is possible to challenge lease agreements in certain situations: as not concluded or invalid.

The Presidium of the Supreme Arbitration Court of the Russian Federation clarified these issues in the Review of Judicial Practice on Disputes Related to the Recognition of Contracts Not Concluded, approved by the information letter dated February 25, 2014 No. 165 (hereinafter referred to as the information letter No. 165).

Firstly, the Presidium pointed out that if there is no essential condition in the lease agreement, then it will be unconcluded, and not invalid (clause 1 information letter № 165).

The parties did not agree on the essential terms of the contract for the lease of public property and did not obtain the consent of the owner of the subject of the Russian Federation to lease the property. The parties did not fulfill the lease agreement. With what claim can the landlord apply to the court with a claim for the recognition of the contract as invalid or not concluded

In this case, it is correct to declare in court the requirement for the non-conclusion of the lease agreement.

The Presidium of the Supreme Arbitration Court of the Russian Federation explained: if the parties do not agree on the essential terms of the lease agreement, then it is not considered concluded. The rules on the grounds for the invalidity of transactions are not applicable to such an agreement. From this clarification, the following practical conclusion can be drawn: if the parties have not agreed on the essential terms of the contract, then it can only be challenged as not concluded, and not as invalid. Moreover, an error in the selection of a claim will not result in a refusal of the claim. If the plaintiff, for example, the landlord, demands to recognize such an agreement as invalid, then the court will not refuse his demand, but will correct it and change the method of legal protection, recognizing the agreement as not concluded.

Secondly, if the contract subject to registration has not been registered, then even in the absence of state registration, the court may invalidate it (clause 2 of the information letter No. 165).

The parties entered into a public property lease agreement for a period of five years. However, they did not receive the consent of the owner of the property of the constituent entity of the Russian Federation to lease the property. In addition, they did not register the contract. Is it possible to declare such a lease agreement invalid?

Yes, you can. After all, a lease agreement already from the moment the parties reach an agreement on all its essential conditions entails legal consequences in relations between them. Therefore, such an agreement can be challenged under the rules on the invalidity of transactions.

At the same time, the Presidium emphasized that a different interpretation would lead to the fact that the party to the invalid transaction could demand its registration in court.

An important practical conclusion follows from this: a third party can declare the requirement to recognize the lease agreement as invalid even before the state registration of the lease agreement.

Legal Reference System Material Lawyer System

1. A lease agreement for a land plot owned by the state or municipality shall be concluded at the auction held in the form of an auction, except for the cases provided for in paragraph 2 of this article.

2. A lease agreement for a land plot owned by the state or municipality shall be concluded without bidding if the following is provided:
1) a land plot for legal entities in accordance with a decree or order of the President of the Russian Federation;
2) a land plot for legal entities in accordance with the order of the Government of the Russian Federation for the placement of social and cultural facilities, the implementation of large-scale investment projects, subject to the compliance of these facilities, investment projects with the criteria established by the Government of the Russian Federation;
3) a land plot to legal entities in accordance with the order of the highest official of a constituent entity of the Russian Federation for the placement of social, cultural and domestic facilities, the implementation of large-scale investment projects, provided that the specified objects, investment projects comply with the criteria established by the laws of the constituent entities of the Russian Federation;
4) a land plot to fulfill the international obligations of the Russian Federation, as well as to legal entities for the placement of facilities designed to provide electricity, heat, gas and water supply, water disposal, communications, oil pipelines, objects of federal, regional or local significance;
5) a land plot formed from a land plot that is in state or municipal ownership, including those provided for the integrated development of the territory, to the person with whom the lease agreement for such a land plot was concluded, unless otherwise provided by subparagraphs 6 and 8 of this paragraph;
6) a land plot formed from a land plot provided to a non-profit organization created by citizens for the integrated development of the territory for the purpose of individual housing construction, with the exception of land plots classified as public property, to members of this non-profit organization or, if provided for by a decision of the general meeting members of this non-profit organization, this non-profit organization;
7) a land plot formed from a land plot provided to a non-profit organization created by citizens for horticulture, horticulture, dacha farming, with the exception of land plots classified as public property, members of this non-profit organization;
8) a land plot formed as a result of the division of a land plot limited in circulation, provided to a non-profit organization created by citizens for gardening, horticulture, dacha farming or for the integrated development of the territory for the purpose of individual housing construction and classified as common use property, of this non-profit organization ;
9) a land plot on which buildings, structures are located, to the owners of buildings, structures, premises in them and (or) persons to whom these real estate objects are provided on the right of economic management or, in cases provided for in Article 39.20 of this Code, on the right of operational management;
10) a land plot on which objects of construction in progress are located, once for the completion of their construction to the owners of objects of construction in progress in the cases provided for in paragraph 5 of this article;
11) a land plot that is in permanent (unlimited) use of legal entities, to these land users, with the exception of legal entities specified in paragraph 2 of Article 39.9 of this Code;
12) a land plot to a peasant (farm) economy or agricultural organization in cases established by federal law"On the turnover of agricultural land";
13) a land plot formed within the boundaries of a built-up area, to a person with whom an agreement on the development of a built-up area has been concluded;
13.1) a land plot for the development of the territory for the purpose of housing construction economy class or for the integrated development of the territory for the construction of economy class housing to a legal entity that has entered into an agreement on the development of the territory for the construction of economy class housing or an agreement on the integrated development of the territory for the construction of economy class housing; July 21, 2014 N 224-FZ)
14) a land plot to citizens who have the right to first-priority or extraordinary acquisition of land plots in accordance with federal laws, laws of the constituent entities of the Russian Federation;
15) a land plot to citizens for individual housing construction, personal subsidiary farming within the boundaries of a settlement, gardening, dacha farming, citizens and peasant (farmer) farms for the peasant (farm) farm to carry out its activities in accordance with Article 39.18 of this Code;
16) a land plot instead of a land plot provided to a citizen or legal entity on the right of lease and withdrawn for state or municipal needs;
17) a land plot for religious organizations, Cossack societies entered in the state register of Cossack societies in the Russian Federation (hereinafter - Cossack societies), for agricultural production, preservation and development of the traditional way of life and management of Cossack societies in the territory determined in accordance with the laws of the subjects Russian Federation;
18) a land plot to a person who, in accordance with this Code, has the right to acquire ownership of a land plot that is in state or municipal ownership, without holding an auction, including free of charge, if such a land plot is reserved for state or municipal needs or is limited in turnover;
19) a land plot to a citizen for haymaking, grazing of farm animals, gardening or a land plot located outside the boundaries of a settlement, to a citizen for running a personal subsidiary plot;
20) a land plot required for carrying out work related to the use of subsoil, to a subsoil user;
21) a land plot located within the boundaries of a special economic zone or in the territory adjacent to it, to a resident of a special economic zone or a management company, if it is involved in the manner established by the legislation of the Russian Federation on special economic zones, to perform the functions of creating at the expense of funds federal budget, the budget of the subject of the Russian Federation, the local budget, extra-budgetary sources of financing of real estate objects within the boundaries of the special economic zone and in the territory adjacent to it and for the management of these and previously created real estate objects;
22) a land plot located within the boundaries of a special economic zone or on the territory adjacent to it, for the construction of infrastructure facilities of this zone, to a person with whom an agreement on cooperation in the development of the infrastructure of a special economic zone, authorized by the Government of the Russian Federation, has been concluded by the federal executive body. An approximate form of an agreement on cooperation in the development of the infrastructure of a special economic zone is approved by the federal executive body authorized by the Government of the Russian Federation;
23) a land plot necessary for the implementation of activities provided for by a concession agreement, an agreement on public-private partnership, an agreement on municipal-private partnership, to the person with whom these agreements are concluded; Law of July 13, 2015 N 224-FZ.

23.1) a land plot for development of the territory for the purpose of construction and operation of a rental house for commercial use or for the development of the territory for the purpose of construction and operation of a rental house for social use by a person who has entered into an agreement on the development of the territory for the purpose of construction and operation of a rental house for commercial use or an agreement on the development of the territory for the purpose of construction and operation of a rented house for social use, and in cases provided for by the law of a constituent entity of the Russian Federation, a non-profit organization created by a constituent entity of the Russian Federation or a municipality for the development of territories for the purpose of building and operating rented houses for social use; (The subparagraph is additionally included from March 1 2015 Federal Law of July 21, 2014 N 217-FZ)
24) a land plot necessary for carrying out activities in the field of hunting, to a person with whom a hunting management agreement has been concluded;
25) a land plot for the placement of reservoirs and (or) hydraulic structures, if the placement of these objects is provided for by territorial planning documents as objects of federal, regional or local significance;
26) a land plot for the implementation of the activities of the State Company "Russian car roads"within the boundaries of the right of way and roadside lanes of highways;
27) a land plot for the implementation of the activities of the open joint-stock company "Russian Railways" for the placement of infrastructure facilities for public railway transport;
28) a land plot to a resident of the territorial development zone, included in the register of residents of the territorial development zone, within the boundaries of the specified zone for sale investment project in accordance with the investment declaration;
29) a land plot to a person who has the right to harvest (catch) aquatic biological resources on the basis of a decision to provide them for use, an agreement on the provision of a fishing plot or an agreement on the use of aquatic biological resources, for the implementation of activities provided for by the said decision or agreements;
30) a land plot to a legal entity for the placement of nuclear installations, radiation sources, storage facilities for nuclear materials and radioactive substances, storage facilities, storage facilities for radioactive waste and disposal facilities for radioactive waste, decisions on the construction and location of which were adopted by the Government of the Russian Federation;
31) a land plot intended for agricultural production, to a tenant who properly used such a land plot, provided that an application for concluding a new lease agreement for such a land plot was submitted by this tenant before the expiration date of the previously concluded lease agreement for such a land plot;
32) a land plot to a tenant (with the exception of tenants of land plots specified in subparagraph 31 of this paragraph), if this tenant has the right to conclude a new lease agreement for such a land plot in accordance with paragraphs 3 and 4 of this article;
33) a land plot to a resident of the free port of Vladivostok on the territory of the free port of Vladivostok.
34) a land plot to a citizen in accordance with the Federal Law "On the peculiarities of providing citizens with land plots that are in state or municipal ownership and located on the territories of the constituent entities of the Russian Federation that are part of the Far Eastern Federal District, and on amendments to certain legislative acts of the Russian Federation" .(The subparagraph was additionally included from May 2, 2016 by the Federal Law of May 1, 2016 N 119-FZ)
3. Citizens and legal entities that are tenants of state or municipally owned land plots have the right to conclude a new lease agreement for such land plots without bidding in the following cases:
1) a land plot has been leased to a citizen or legal entity without holding an auction (with the exception of cases provided for in paragraph 13, 14 or 20 of Article 39.12 of this Code);
2) a land plot was provided to a citizen at an auction for horticulture or dacha farming.

4. A citizen or a legal entity that is a tenant of a land plot shall have the right to conclude a new lease agreement for such a land plot in the cases specified in paragraph 3 of this article, if the following conditions are present in aggregate:
1) an application for concluding a new lease agreement for such a land plot was submitted by this citizen or this legal entity before the expiration date of the previously concluded land plot lease agreement;
2) the exclusive right to acquire such a land plot in the cases provided for by this Code and other federal laws does not belong to another person;
3) the previously concluded lease agreement for such a land plot was not terminated with this citizen or this legal entity on the grounds provided for in paragraphs 1 and 2 of Article 46 of this Code;
4) at the time of the conclusion of a new lease agreement for such a land plot, there are grounds provided for in subparagraphs 1-30 of paragraph 2 of this article for the provision without holding a tender of a land plot, the lease agreement of which was concluded without holding a tender.

5. Leasing without holding an auction of a land plot, which is in state or municipal ownership and on which an object of construction in progress is located, is carried out once to complete the construction of this object:
1) to the owner of an object of construction in progress, the ownership of which was acquired as a result of a public auction for the sale of this object, seized from the previous owner in connection with the termination of the lease agreement for a land plot in state or municipal ownership;
2) to the owner of an object of construction in progress, with the exception of the one specified in subparagraph 1 of this paragraph, if the authorized body, within six months from the date of expiration of the previously concluded lease agreement for the land plot on which this object is located, has not filed a claim with the court for withdrawal of this object by sale at a public auction or the court refused to satisfy this requirement or this object was not sold at a public auction due to the absence of persons participating in the auction. The provision of a land plot for rent without an auction in accordance with this subparagraph is allowed, provided that such a land plot was not provided for the completion of the construction of this object to any of the previous owners of this object.

6. If the only application for participation in the auction for the right to conclude a lease agreement for a land plot in state or municipal ownership is submitted by a person who meets the requirements for auction participants specified in the notice of the auction and whose application for participation in the auction meets those specified in the notice on holding an auction, the conditions of the auction, or if only one applicant is recognized as the sole participant in the auction or only one of its participants took part in the auction, the lease agreement for such a land plot is concluded with the specified person.

Commentary on Article 39.6 of the RF LC

The commented article introduces a general rule that provides that the main way to conclude a lease agreement for a state or municipally owned land plot is through auctions. The procedure for organizing and holding such an auction is provided for in Art. 39.11 and 39.12 RF LC. It also provides for the possibility of concluding a lease agreement with a person who is the only one who has expressed his intention to participate in the auction and who meets the conditions of the auction, if the auction is declared invalid (for more details, see the commentary to Article 39.12 of the Land Code of the Russian Federation).

The approach envisaged by the legislator to regulate the methods of concluding a land lease agreement has undergone major changes.

So, before the introduction of the commented article, the RF LC provided for only a limited number of cases of mandatory bidding for the right to conclude these contracts for construction purposes: 1) if the land plot was formed (clause 6, article 30 of the RF LC); 2) when placing an object in an urban and rural settlement in accordance with the urban planning documentation on development and the rules for land use and development (clause 11, article 30 of the Land Code of the Russian Federation); 3) in case of granting a land plot for the needs of agricultural production or land plots from the forest fund or for individual housing construction, personal subsidiary farming (clause 11, article 30 of the Land Code of the Russian Federation); 4) in the case of granting a land plot for housing construction or complex development for the purposes of housing construction (clause 2 of article 30.1, clause 2 of article 30.2 of the Land Code of the Russian Federation).

In addition, broad powers were given to the state authorities of the constituent entities of the Russian Federation and local governments in terms of establishing a list of cases when the provision of land plots owned by the constituent entities of the Russian Federation, municipal property or state non-delimited property for construction is carried out exclusively at auction.

Thus, earlier legal regulation proceeded from the establishment of cases when auctions were to be held. At the same time, all these cases concerned only land plots provided for construction. The commented article implements a conceptually different approach - land lease agreements are concluded based on the results of auctions held in the form of auctions, with the exception of a limited number of cases: this approach is more consistent with the conditions market economy and aims to promote competition.

It is possible to single out the following groups of cases when the provision of land plots for rent is carried out without bidding.

1. Provision of land plots for the implementation of state functions, large-scale investment projects and the resolution of issues of local importance (subparagraphs 1-4, 22, 25-27, 30, paragraph 2 of the commented article).

Considering that these tasks allow for a fairly broad interpretation, subparagraphs 1-4 of paragraph 2 of the commented article for the provision of land plots provide not only for the purposes of such provision, but also for the existence of certain legal acts - a decree or order of the President of the Russian Federation, an order of the Government of the Russian Federation, a senior official faces of the subject of the Russian Federation. Moreover, objects of socio-cultural, public utility, purpose, large-scale investment projects must comply with the criteria established by the Government of the Russian Federation or the laws of the constituent entities of the Russian Federation.

The concept of an investment project is disclosed in Art. 1 FZ of February 25, 1999 N 39-F3 "On investment activities in the Russian Federation, carried out in the form capital investments"(SZ RF. 1999. N 9. St. 1096; 2004. N 35. St. 3607; 2006. N 6. St. 636; 2010. N 30. St. 4015; 2011. N 30. St. 4596; N 51. Art. 7448), according to which it is a justification for the economic feasibility, volume and timing of capital investments, including the necessary project documentation, developed in accordance with the legislation of the Russian Federation, as well as a description of practical actions for the implementation of investments (business plan).

At the same time, the concept of "large-scale project" used in subparagraphs 2 and 3 of paragraph 2 of the commented article should not be identified with the "priority investment project" provided for by the specified Federal Law, due to different grounds for classifying investment projects from the position of the Land Code of the Russian Federation as large-scale and priority .

When providing land plots for rent in accordance with subparagraph 4 of paragraph 2 of the commented article, it must be borne in mind that the concepts of "objects of federal, regional, local significance" are disclosed in Art. 1 of the Civil Code of the Russian Federation, according to clauses 18-20 of which objects of federal significance are objects capital construction, other objects, territories that are necessary for the exercise of powers on issues within the jurisdiction of the Russian Federation, state authorities of the Russian Federation by the Constitution of the Russian Federation, federal constitutional laws, federal laws, decisions of the President of the Russian Federation, decisions of the Government of the Russian Federation, and have a significant impact on socio-economic development Russia.

The types of objects of federal importance to be displayed on the schemes of territorial planning of the Russian Federation are determined by the Government of the Russian Federation, with the exception of objects of federal importance in the field of national defense and state security. The types of objects of federal importance in the field of national defense and state security, to be displayed on the territorial planning schemes of the Russian Federation, are determined by the President of the Russian Federation.

Objects of regional significance - objects of capital construction, other objects, territories that are necessary for the exercise of powers on issues related to the jurisdiction of the constituent entity of the Russian Federation, state authorities of the constituent entity of the Russian Federation by the Constitution of the Russian Federation, federal constitutional laws, federal laws, the Constitution (charter) and laws of the constituent entity of the Russian Federation , decisions of higher executive body state power of the subject of the Russian Federation, and have a significant impact on the socio-economic development of the subject of the Russian Federation.

The types of objects of regional significance to be displayed on the territorial planning scheme of a constituent entity of the Russian Federation are determined by the law of the constituent entity of the Russian Federation. Objects of local importance - objects of capital construction, other objects, territories that are necessary for the exercise by local authorities of powers on issues of local importance and within the limits of transferred state powers in accordance with federal laws, the law of the subject of the Russian Federation, the charters of municipalities and have a significant impact on social - economic development of municipal districts, settlements, urban districts.

The types of objects of local significance of a municipal district, settlement, urban district, to be displayed on the territorial planning scheme of the municipal district, the master plan of the settlement, the master plan of the urban district, are determined by the law of the subject of the Russian Federation.

The Town Planning Code of the Russian Federation also provides for the need to develop a program for the integrated development of communal infrastructure systems of a settlement, urban district - a document establishing lists of measures for the construction, reconstruction of electric, gas, heat, water supply and sanitation systems, facilities used for disposal, neutralization and disposal of municipal solid waste, which are provided for, respectively, by the schemes and programs for the development of a unified national (all-Russian) electric grid for a long-term period, the general layout of electric power facilities, the federal gasification program, the corresponding interregional, regional programs gasification, heat supply schemes, water supply and sanitation schemes, waste management programs.

An analysis of the norms of the Civil Code of the Russian Federation (part 4 of article 9, part 6 and 7 of article 26) allows us to conclude that the above objects, as a general rule, should be reflected in the territorial planning documents of the appropriate level (this rule does not apply to cases of granting land to fulfill the international obligations of the Russian Federation, which implies the existence of relevant international treaties, agreements, etc.).

Subparagraphs 25 and 30 of paragraph 2 of the commented article, which provide for the possibility of providing land plots for rent without bidding, are a special case of subparagraph 4 of the said paragraph. At the same time, it should be noted that the concept of reservoirs of the VK RF is not disclosed. In accordance with GOST 19179-73 "Hydrology of land. Terms and definitions", a reservoir is understood as an artificial reservoir formed by a water-retaining structure on a watercourse for the purpose of storing water and regulating flow.

Hydraulic structure in accordance with Art. 3 Federal Law of July 2, 1997 N 117-FZ "On the safety of hydraulic structures" (SZ RF. 1997. N 30. Art. 3589; 2003. N 2. Art. 167; 2004. N 35. Art. 3607; 2005 No. 19. Art.1752; 2006. N 52. Art.5498; 2008. N 29. Art.3418; 2009. N 1. Art.17; N 52. Art.6450; 2010. N 31. Art.4195 ; 2011. N 30. Art. 4590, 4591; N 49. Art. 7015; N 50. Art. 7359; 2012. N 53. Art. 7616; 2013. N 9. Art. , spillway, water outlet and outlet structures, tunnels, canals, pumping stations, shipping locks, ship lifts; structures designed to protect against floods, destruction of the banks and bottom of reservoirs, rivers; structures (dams) fencing storage facilities for liquid waste from industrial and agricultural organizations; erosion control devices on canals, as well as other structures, buildings, devices and other facilities designed to use water resources and prevent the negative impact of water and liquid waste, with the exception of objects of centralized hot water supply, cold water supply and (or) sanitation systems provided for by the Federal Law dated December 7, 2011 N 416-FZ "On water supply and sanitation".

The concepts of "nuclear installations", "radiation sources", "storage points for nuclear materials and radioactive substances, storage points, storage facilities for radioactive waste" are disclosed by the Federal Law of November 21, 1995 N 170-FZ "On the use of atomic energy" (SZ RF 1995. N 48. Article 4552; 2009. N 52. Article 6450; 2011. N 30. Article 4590; N 49. Article 7025; 2012. N 26. Article 3446); Federal Law of July 11, 2011 N 190-FZ "On the management of radioactive waste and on amendments to certain legislative acts of the Russian Federation" (SZ RF. 2011. N 29. Art. 4281).

Subparagraphs 4, 25 and 30 of paragraph 2 of the commented article do not specify legal entities to which land plots can be provided on the specified grounds. Given that they mainly deal with the placement of objects of federal, regional or local significance, land plots for these purposes can only be provided to persons who have the right to carry out the construction of such objects (by virtue of the powers of such persons arising from legal acts, on the basis of agreements concluded with government or local government agreements, etc.).

Subparagraph 22 of paragraph 2 of the commented article contains an indication of the person with whom the lease agreement for the land plot is concluded, and the purpose of its provision - for the construction of infrastructure facilities of the special economic zone to the person with whom the federal executive body authorized by the Government of the Russian Federation has concluded an agreement on cooperation in the field of development infrastructure of the special economic zone. An approximate form of an agreement on cooperation in the field of developing the infrastructure of a special economic zone was approved by order of the Ministry of Economic Development of the Russian Federation of December 28, 2010 N 698 (Bulletin of normative acts of federal executive bodies. 2011. N 10).

Subparagraphs 26 and 27 of the commented article provide for the provision of land plots to legal entities specially created to perform certain state functions in the field of creating objects transport infrastructure- State Company "Russian Highways" and JSC "Russian Railways". At the same time, they are not provided with any land plots necessary to ensure the activities of these legal entities, but only plots directly intended for the placement of the relevant transport infrastructure facilities.

The activities of the State Company "Russian Highways" are defined by Art. 6 of the Federal Law of July 17, 2009 N 145-FZ "On the State Company" Russian Highways "and on amendments to certain legislative acts of the Russian Federation" (SZ RF. 2009. N 29. Art. 3582; 2010. N 30. Art. .3999; 2011. N 13. Art. 1688) and include activities for the trust management of the roads of the State Company; activities to organize the construction and reconstruction of highways transferred or transferred to the State Company for trust management; other activities aimed at achieving the goals of the State Company.

According to Art. 25 of the Federal Law of November 8, 2007 N 257-FZ "On highways and road activities in the Russian Federation and on amendments to certain legislative acts of the Russian Federation" (SZ RF. 2007. N 46. St. 5553; 2008. N 20 2251; N 30. Art. 3597; 2009. N 52. Art. 6427; 2010. N 45. Art. Preparation of documentation for the planning of the territory intended for the placement of roads and (or) road service facilities is carried out taking into account the norms of land acquisition.

The norms of land acquisition for the placement of highways and (or) road service facilities were approved by Decree of the Government of the Russian Federation of September 2, 2009 N 717. In accordance with Art. 26 of the said Federal Law for motor roads, with the exception of motor roads located within the boundaries of settlements, roadside lanes are established. The width of roadside lanes is also established by law depending on the class and (or) category of roads, taking into account the prospects for their development.

Describing subparagraph 27 of paragraph 2 of the commented article, it should be noted that the concept of "location of an object" currently used in the Land Code of the Russian Federation includes "construction, reconstruction and (or) operation of an object" (see the abbreviation in subparagraph 7 of paragraph 5 article 27 RF LC).

The concept of public railway transport infrastructure is disclosed in the Federal Law of January 10, 2003 N 17-FZ "On Railway Transport in the Russian Federation" and is a technological complex that includes public railway tracks and other structures, railway stations, power supply devices, networks communications, signaling, centralization and blocking systems, information complexes and a traffic control system and other buildings, structures, structures, devices and equipment that ensure the functioning of this complex.

The legislator did not provide for the provision of land plots to state and municipal unitary enterprises for the implementation of their statutory activities. This is due to the fact that such enterprises are commercial legal entities, and the establishment of any preferences for them only by virtue of their creation by a public entity does not correspond to the goals of developing competition. In view of the foregoing, land plots to state and municipal unitary enterprises should be provided according to the general rules provided for in the commented chapter.

2. The next group of cases of granting a land plot without holding an auction is the provision to a citizen or legal entity (its members) of land plots formed from a land plot previously provided to such a citizen or legal entity (subclauses 5-8 of clause 2 of the commented article).

The presence of these cases is due to the fact that there is already a tenant of the original land plot, whose rights often arise as a result of the conclusion of a lease agreement based on the results of an auction, but due to a change in the subject of the lease agreement, a new agreement is required.

As a general rule, the formed land plots are provided to the tenant of the original land plot, including when the original land plot is provided for the integrated development of the territory (for more details on the integrated development of the territory, see the commentary to Article 39.3 of the Land Code of the Russian Federation). This provision also follows from paragraph 4 of Art. 11.8 RF LC.

Of the specified general rule there is an exception. It refers to land plots formed from a land plot provided to a non-profit organization created by citizens for the integrated development of the territory for the purpose of individual housing construction. In this case, the formed land plots directly intended for individual housing construction are provided to citizens - members of this non-profit organization, or if this is provided for by a decision of the general meeting of members of this non-profit organization (subclause 6, clause 2 of the commented article).

Exceptions to the general rule include the provisions of subparagraph 7 of paragraph 2 of the commented article, which regulate the issues of granting land plots formed from land plots provided to non-profit organizations created by citizens for gardening, gardening, and dacha farming.

In this case, the formed land plots directly intended for gardening, horticulture, dacha farming are provided to citizens - members of a non-profit organization. This is due to the fact that the original land plot is provided to a non-profit organization to meet the needs of specific citizens. Moreover, for horticulture and horticulture, the area of ​​the land plot is calculated based on the number of the association (see commentary to Article 39.10 of the Land Code of the Russian Federation).

Subparagraph 8 of paragraph 2 of the commented article provides for the provision of a non-profit organization of citizens as a legal entity for lease of land plots formed from a land plot provided to such a non-profit organization for gardening, gardening, summer cottages, and related to public property. It is important to note that the original land plot must be limited in circulation, otherwise the provision of these land plots is carried out in accordance with Art. 39.3 and 39.5 of the Land Code of the Russian Federation.

3. The next group of cases of granting a land plot for rent without bidding follows from subparagraph 5 of paragraph 1 of Art. 1 of the Land Code of the Russian Federation of the principle of the unity of fate of land plots and objects firmly connected with it and provides for the provision of a land plot to the owner or other right holder of a building, structure, premises located on such a land plot (subparagraphs 9, 10, paragraph 2 of the commented article).

The issues of providing a land plot on which buildings, structures are located, for rent are regulated by Art. 39.20 RF LC.

The group of grounds under consideration can also include the case provided for in paragraph 20 of Art. 3 of Law N 137-FZ, according to which citizens and legal entities whose ownership of perennial plantations is registered in accordance with the Federal Law of July 21, 1997 N 122-FZ "On state registration of rights to real estate and transactions with it" until the day of entry by virtue of the Federal Law of December 4, 2006 N 201-FZ "On the Enactment of the Forest Code of the Russian Federation", acquire land plots that are in state or municipal ownership and on which these perennial plantations are located, without bidding for ownership or for rent at the choice of these citizens and legal entities in accordance with the rules established by Chapter 5.1 of the Land Code of the Russian Federation.

Separately, it is necessary to dwell on the legal regulation of the issues of registration of rights to land plots by the owners of objects of construction in progress located on such land plots.

The previous Art. 36 of the Land Code of the Russian Federation provided for the right to acquire a land plot by the owners of buildings, structures, structures. The absence of an indication of the existence of a similar right for the owner of an object under construction in practice led to a refusal to provide him with a land plot on which such an object is located, except as expressly provided by law.

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As noted in the resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of December 23, 2008 N 8985/08, the application of the procedure for acquiring rights to land plots provided for in Art. 36 of the Land Code of the Russian Federation in relation to land plots occupied by objects of construction in progress, possibly in cases expressly specified in the law. Such cases, in particular, include the privatization of construction in progress in accordance with paragraph 3 of Art. 28 of the Federal Law of December 21, 2001 N 178-FZ "On the privatization of state and municipal property". According to this paragraph, the owners of real estate objects (including objects of construction in progress), which are not unauthorized buildings and located on land plots belonging to state or municipal property, are obliged to either lease or purchase from the state or municipality these land plots, unless otherwise provided by federal law.

At the same time, the presence on the land plot of an object of construction in progress, registered in ownership, actually removes such a plot from circulation. On the other hand, the establishment of the possibility of registration of rights to a land plot in connection with the location of an object under construction on it can lead to abuse by citizens and legal entities, especially considering that the legislation of the Russian Federation lacks criteria for objects of construction in progress (for example, the percentage of construction, etc.). .P.).

Under these conditions, the legislator found a certain compromise. So, subparagraph 10 of paragraph 2 of the commented article provides for the lease without holding a tender of the land plot on which the objects of construction in progress are located, once for the completion of their construction to the owners of objects of construction in progress. At the same time, cases in which it is possible to provide a land plot on this basis are determined by paragraph 5 of the commented article, and the terms of the lease agreement - subparagraph 6 of paragraph 8 of Art. 39.8 RF LC.

In addition, according to paragraph 21 of Art. 3 of Law N 137-FZ, if the object of construction in progress is located on a land plot that is in state or municipal ownership, and the ownership of the specified object was registered before March 1, 2015 or such land was leased until March 1, 2015, the owner of the specified object has the right to acquire such a land plot on lease for a period of 3 years once to complete its construction without bidding. The provisions of this paragraph shall apply if such a land plot has not previously been provided to any of the previous owners of the specified object of construction in progress in accordance with this paragraph.

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According to paragraph 4 of Art. 25 of the Federal Law "On state registration of rights to real estate and transactions with it", if the land plot allocated for the creation of a real estate object belongs to the applicant on a right other than the right of ownership, the applicant's ownership of the object of construction in progress is registered on the basis, among other things, documents confirming the right to use this land plot ... This provision does not prevent the state registration of ownership of the object of construction in progress created during the period of the lease agreement, if the lease period has expired by the time the application for state registration is filed. In this regard, the refusal to register the right of ownership to an object of construction in progress only on the basis that the term of the lease of the land plot on which the object of construction in progress has expired is contrary to the law. At the same time, if, during the legal examination, the registering authority comes to the conclusion that there is no object of construction in progress as an independent immovable thing (for example, foundation work has not been fully completed at the object, etc.), then the refusal to state registration of rights is lawful ( Clause 24 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation of November 17, 2011 N 73 // Bulletin of the Supreme Arbitration Court of the Russian Federation, 2012. N 1; 2013. N 4; 2014. N 3).

In the event of termination of the lease agreement for a land plot owned by the state or municipality, which was concluded without bidding in order to complete the construction of an object in progress, provided that the construction of this object has not been completed, such objects of construction in progress may be withdrawn from the owner at a court decision by selling at public auction (clause 6 of article 239.1 of the Civil Code of the Russian Federation).

4. The next group is represented by the grounds related to the re-registration by legal entities of the right to permanent (unlimited) use of a land plot (subparagraph 11, paragraph 2 of the commented article). In this subparagraph, we are talking only about legal entities, since a procedure is provided for citizens to re-register the right of permanent (perpetual) use of a land plot to the right of ownership in accordance with paragraph 9.1 of Art. 3 of Law N 137-FZ. Also, this ground is not applicable to legal entities specified in paragraph 2 of Art. 39.9 of this Code, since they must use land on the right of permanent (unlimited) use.

5. The fifth group of cases of granting land plots for rent without holding tenders is the provision of land plots to citizens who have the right to first-priority or extraordinary acquisition of land plots in accordance with federal laws, laws of the constituent entities of the Russian Federation (subparagraph 14, paragraph 2 of the commented article).

Having secured this provision, the legislator eliminated the legal conflict and resolved the issue of the right and conditions under which a land plot is provided to citizens in respect of which the legislation does not establish the right to receive a land plot free of charge, but provides for the right to priority or extraordinary acquisition of land plots. Land plots are provided to such citizens once without holding tenders for rent, while the amount of rent for a land plot is determined in an amount not exceeding the amount of land tax calculated in relation to such a land plot (subclause 3, clause 5, article 39.7, clause 6, article 39.14 RF LC). It seems that this approach is consistent with the principle of social justice and takes into account the balance of interests of the state and a particular citizen.

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In the review of the legislation and judicial practice of the Supreme Court of the Russian Federation for the second quarter of 2008, approved by the decision of the Presidium of the Supreme Court of the Russian Federation of September 17, 2008, it is noted that within the framework of an auction, the holding of which requires compliance with certain conditions (payment of a deposit, "auction step", etc.) etc.), as well as the mandatory participation of several persons, it is impossible to implement the principle of priority provision of land plots to citizens.

See: Articles 13, 16, 20 of the Law of the USSR of May 2, 1991 N 2146-1 "On social protection citizens affected by the Chernobyl disaster" // Gazette of the Congress of People's Deputies and the Supreme Council of the RSFSR. 1991. N 21. Art. exposed to radiation due to the disaster at the Chernobyl nuclear power plant "/ Vedomosti of the Congress of People's Deputies and the Supreme Council of the RSFSR. 1991. N 21. Art. 699; Art. Federation" // SZ RF. 1995. N 48. Art. 4563; Federal Law of May 27, 1998 N 76-FZ "On the status of military personnel" // SZ. RF. 1998. N 22. Art. 2331; p. 16 Article 2 of the Federal Law of January 10, 2002 N 2-FZ "On Social Guarantees for Citizens Exposed to Radiation as a Result of Nuclear Tests at the Semipalatinsk Test Site" // SZ RF, 2002. N 2. Art.128.

6. As the next group, it is possible to single out the grounds for leasing land plots without bidding, the use of which is necessary in connection with the implementation of certain types of activities, a permit (license) or an agreement for the implementation of which has been obtained or concluded by a person in accordance with sectoral legislation, including and as a result of bidding (subclauses 13, 13.1, 20, 21, 23, 23.1, 24, 28, 29 clause 2 of the commented article).

Thus, an agreement on the development of a built-up area is concluded based on the results of an auction, the procedure for which is determined by Art. 46.3 of the Civil Code of the Russian Federation. Land plots formed within the boundaries of a built-up area are provided to a person with whom an agreement on the development of a built-up area has been concluded, only after fulfilling certain obligations related to the preparation of documentation for the planning of the territory, the resettlement of residents apartment buildings, recognized as emergency and subject to demolition, or demolition, the reconstruction of which is planned on the basis of municipal targeted programs approved by the representative body of local self-government.

Federal Law No. 224-FZ of July 21, 2014 "On Amendments to Urban planning code of the Russian Federation and certain legislative acts of the Russian Federation" (Official Internet portal of legal information http://www.pravo.gov.ru, 07/22/2014), the institution of territory development was introduced in order to build economy-class housing - the creation of residential premises that comply conditions for classifying it as an economy class housing, established by the federal executive body that performs the functions of developing public policy and legal regulation in the field of construction, architecture, urban planning.

The content of the agreements on the development of the territory and on the integrated development of the territory for the construction of economy-class housing is regulated by Art. 45.5-45.8 GK RF. Such an agreement is concluded based on the results of the auction, while the land lease agreement is concluded with the winner of such an auction simultaneously with the conclusion of an agreement on the development of the territory or an agreement on the integrated development of the territory for the construction of economy-class housing.

When providing a land plot for rent on the basis of subparagraph 20 of paragraph 2 of the commented article (to a subsoil user), it must be borne in mind that in accordance with Art. 25.1 of the Law of the Russian Federation of February 21, 1992 N 2395-1 "On Subsoil" a land plot necessary for conducting work related to the use of subsoil, from lands that are state or municipal property, is provided to the user of the subsoil after obtaining a license for the use of subsoil and registration geological allotment and (or) mining allotment, as well as after the approval of the project for the implementation of these works.

Law N 171-FZ establishes the possibility of using lands or land plots that are in state or municipal ownership, with the exception of land plots provided to citizens or legal entities, for the purpose of geological exploration of the subsoil without granting and establishing servitudes based on the permission of the authorized state authority or body local self-government (Article 39.33 RF LC).

According to subparagraph 21 of the commented article, it should be noted that the issues of establishing the boundaries of special economic zones, requirements for residents and a management company, the procedure and grounds for attracting a management company, the procedure for concluding an agreement with residents on the implementation of industrial production, technological innovation, tourism and recreational activities or activities in the port special economic zone, the procedure for maintaining the register of residents of special economic zones are regulated by the Federal Law of July 22, 2005 N 116-FZ "On Special Economic Zones in the Russian Federation" (SZ RF. N 30. St. 3127; 2007. N 45. Article 5417; 2011. N 49. Article 7043).

Concession agreement in accordance with Art. 13 of the Federal Law of July 21, 2005 N 115-FZ "On Concession Agreements" (SZ RF. 2005. N 30. Art. 3126) is concluded by holding a tender for the right to conclude a concession agreement, except for the cases provided for by Art. 37 of the said Federal Law.

Subparagraph 23.1 of paragraph 2 of the commented article provides for the provision of a land plot for the development of the territory for the construction and operation of a rented house for commercial use or social use to a person who has entered into an agreement on such development of the territory, and in cases provided for by the law of a constituent entity of the Russian Federation, to a non-profit organization created by a constituent entity of the Russian Federation or municipality for the development of territories for the construction and operation of rental houses for social use.

The development of the territory for the purpose of building and operating a rented house is a new institution Russian legislation and introduced the Federal Law of July 21, 2014 N 217-FZ "On Amending the Housing Code of the Russian Federation and certain legislative acts of the Russian Federation in terms of legislative regulation of relations for the rental of residential premises housing stock social use" (RG. 2014. July 23. N 163).

At the same time, a building intended for rent - a rented house is recognized as a building, which or all the premises in which belong to one person by right of ownership and which or all the premises in which are intended to be provided to citizens for possession and use for living. Living quarters in a rented house for social use shall be provided under contracts for renting residential premises, in a rented house for commercial use - under contracts for renting residential premises. The status of such houses, the procedure for using residential premises in them are regulated housing code RF.

A hunting agreement, the existence of which is the basis for providing a land plot necessary for carrying out activities in the field of hunting, to a person with whom such an agreement is concluded (subparagraph 24, paragraph 2 of the commented article), is regulated by the Federal Law of July 24, 2009 N 209- Federal Law "On hunting and on the conservation of hunting resources and on amendments to certain legislative acts of the Russian Federation" (SZ RF. 2009. N 30. Art. 3735).

According to Art. 25 of the above Federal Law, land plots and forest plots located within the boundaries of hunting grounds, not provided to individuals, legal entities and state-owned land plots and forest plots (if the provision of such land plots and forest plots is carried out by the executive authorities of a constituent entity of the Russian Federation) are leased for the implementation of activities in in the field of hunting for the purpose of placing objects of hunting infrastructure and (or) for purposes not related to their placement, to legal entities, individual entrepreneurs according to the results of auctions for the right to conclude hunting agreements.

When applying subparagraph 28 of paragraph 2 of the commented article, it must be borne in mind that a territorial development zone in the Russian Federation is a part of the territory of a constituent entity of the Russian Federation, on which, in order to accelerate the socio-economic development of a constituent entity of the Russian Federation by creating favorable conditions for attracting investments in its economy, residents territorial development zones are provided with measures of state support.

Federal Law of December 3, 2011 N 392-FZ "On the zones of territorial development in the Russian Federation and on amendments to certain legislative acts of the Russian Federation" (SZ RF. 2011. N 49. Art. 7070; 2013. N 52 (part 2) 1) Article 6972) establishes requirements for legal entities, individual entrepreneurs to be included in the register of residents (Article 11). A land plot may be provided to a resident on this basis only within the boundaries of the territorial development zone and only for the implementation of an investment project in accordance with an investment declaration, the requirements for which are established by the said Federal Law.

And the last in this group is the ground provided for in subparagraph 29 of paragraph 2 of the commented article on the grounds for granting a land plot for lease without bidding - to a person who has the right to harvest (catch) aquatic biological resources on the basis of a decision to provide them for use, an agreement on the provision of a fishing plot or agreements for the use of aquatic biological resources, for the implementation of activities provided for by the said decision or agreements.

Issues related to the grounds and procedure for issuing these permits, concluding these agreements are regulated by the Federal Law of December 20, 2004 N 166-FZ "On Fishing and Conservation of Aquatic Biological Resources" (SZ RF. 2004. N 52. St. 5270; 2008. N 49. Art. 5748).

At the same time, an agreement on the provision of a fishing area is concluded based on the results of a tender for the right to conclude such an agreement. A contract for the use of aquatic biological resources may be concluded based on the results of an auction in the cases provided for by the said Federal Law. The rules for organizing and conducting tenders (competitions, auctions) for the right to conclude a contract for the use of a fish breeding site were approved by Decree of the Government of the Russian Federation of May 15, 2014 N 450.

7. The next group of cases of granting land plots without bidding can be characterized as related to the development of agricultural production (subclauses 12, 17, 19, 31, clause 2).

This includes cases of granting land plots to a peasant (farmer) economy or agricultural organization in cases established by Federal Law N 101-FZ (subclause 12, clause 2 of the commented article).

So, according to paragraph 5.1 of Art. 10 of Federal Law N 101-FZ, a land plot that is in municipal ownership and allocated on account of land shares that are in municipal ownership, is transferred to the ownership or lease of an agricultural organization or a peasant (farm) enterprise using such a land plot without holding an auction if an agricultural organization or a peasant (farm) enterprise applied to the local government with an application to conclude a sale and purchase agreement or a lease agreement for such a land plot within 6 months from the date of state registration of the right of municipal ownership to such a land plot.

This group should also include the case of granting a land plot to religious organizations, Cossack societies entered in the state register of Cossack societies in the Russian Federation, for agricultural production, preservation and development of the traditional way of life and management of Cossack societies in the territory determined in accordance with the laws of the subjects RF (subclause 17 clause 2 of the commented article). Previously, such a basis was provided for in paragraph 5 of Art. 10 of Law N 101-FZ.

According to Art. 123.15 of the Civil Code of the Russian Federation (as amended by the Federal Law of May 25, 2014 N 99-FZ), Cossack societies are recognized as associations of citizens entered in the state register of Cossack societies in the Russian Federation, created in order to preserve the traditional way of life, management and culture of the Russian Cossacks, as well as in other the purposes provided for by the Federal Law of December 5, 2005 N 154-FZ "On the Public Service of the Russian Cossacks", who voluntarily assumed, in the manner prescribed by law, obligations to perform public or other service.

In accordance with Art. 6.2 of the Federal Law of January 12, 1996 N 7-FZ "On non-profit organizations" (SZ RF. 1996. N 3. Art. 145; 2006. N 3. Art. 282; N 45. Art. 4627; 2008. N 30. 3616; 2009. N 29. Art. 3607; 2010. N 19. Art. 2291; N 21. Art. 2526; 2012. N 30. Art. 417) and art. 2 of the Federal Law of December 5, 2005 N 154-FZ "On the public service of the Russian Cossacks" (SZ RF. 2005. N 50. Art. 5245) Cossack society is a form of self-organization of citizens of the Russian Federation, united on the basis of common interests in order to revive the Russian Cossacks, protection of his rights, preservation of the traditional way of life, management and culture of the Russian Cossacks.

The concept of a religious organization is revealed in Art. 8 of the Federal Law "On Freedom of Conscience and on Religious Associations" (for details, see the commentary to Article 39.5 of the Labor Code of the Russian Federation).

Subparagraph 19 of paragraph 2 of the commented article provides for the provision of a land plot to a citizen for haymaking, grazing farm animals, horticulture, or a land plot located outside the boundaries of a settlement, to a citizen for personal subsidiary farming.

In this subparagraph, we are talking about the provision for personal subsidiary farming only of a land plot located outside the boundaries of a settlement. This is due to the fact that the Federal Law of July 7, 2003 N 112-FZ "On personal subsidiary farming" (SZ RF. 2003. N 28. Art. 2881; 2008. N 30. Art. 3597) establishes a different legal regime for land plots within the boundaries of the settlement (homestead land) and land plots outside the boundaries of the settlement (field land).

At the same time, a field land plot is used exclusively for the production of agricultural products without the right to erect buildings and structures on it.

Thus, the specified subparagraph provides for the provision of land plots for agricultural needs - the cultivation of agricultural products, grazing of farm animals, haymaking and does not provide for the possibility of construction on the land plot.

Therefore, in this subparagraph there are no reservations on the terms of provision, in contrast to subparagraph 15 of paragraph 2 of the commented article, which provides for the provision of a land plot for rent without bidding to citizens for individual housing construction, personal subsidiary farming within the boundaries of a settlement, horticulture, dacha economy, citizens or peasant (farm) farms for the implementation of the peasant (farm) economy of its activities.

In this case, the provision of a land plot is possible only in the case provided for in Art. 39.18 of the Land Code of the Russian Federation, - subject to prior notice of the possibility of acquiring a land plot for the specified purposes and the absence of other persons interested in acquiring such a land plot.

The group of grounds under consideration should also include subparagraph 31 of paragraph 2 of the commented article, which provides for the provision of a land plot intended for agricultural production to a tenant who properly used such a land plot, provided that the application for the conclusion of a new lease agreement for such land plot filed by this tenant before the expiration date of the previously concluded lease agreement for such a land plot.

It should be noted that the possibility of concluding a lease agreement for a new term applies not only to land plots from agricultural land, but to all land plots intended for agricultural production (regardless of the category of land).

Considering that not all legal entities have re-registered the right of permanent (perpetual) use of a land plot to the right of lease or ownership, but such an opportunity remains for them, clause 28 of Art. 3 of Law N 137-FZ provides that in the event of a land plot being seized for state or municipal needs, which is in state or municipal ownership and granted on the right of permanent (unlimited) use not specified in paragraph 2 of Art. 39.9 of the Land Code of the Russian Federation to a legal entity before the date of entry into force of the Land Code of the Russian Federation, this legal entity can be provided for rent without bidding or if this legal entity has the right to free re-registration of the withdrawn land plot into ownership, into the ownership of another land plot located in state or municipal ownership, instead of the withdrawn land plot.

The case provided for by subparagraph 32 of paragraph 2 of the commented article does not seem to be entirely correct to consider as an independent basis for the provision of a land plot without holding an auction, since it is, in fact, about prolongation - the conclusion of a new lease agreement for such a land plot with the tenant of the land plot .

The appearance of this norm in land legislation deserves special attention, since earlier, by virtue of the provisions of Art. 209, 264, 421 and 621 of the Civil Code of the Russian Federation, the intention of the tenant to extend the lease agreement for the land plot did not mean that the landlord had an unconditional obligation to lease the land plot for a new term, and the tenant’s pre-emptive right to conclude a lease agreement for a new period could only be exercised by him in the event that the lessor leases the disputed property to a third party (Resolutions of the Presidium of the Supreme Arbitration Court of the Russian Federation of July 19, 2005 N 3440/05, of July 5, 2012 N 17540/11).

________________
Bulletin of the Supreme Arbitration Court of the Russian Federation. 2012. N 9.

Considering law enforcement practice, the legislator directly fixed the possibility of the tenant (and the obligation of the authorized body) to conclude a new lease agreement for this land plot and excluded the rule on the preemptive right, as it does not really guarantee the acquisition of a land plot for rent.

If, in accordance with the Land Code of the Russian Federation, it is allowed to provide a land plot to a person for ownership or lease without holding an auction, the type of right on which such a land plot is provided is chosen by the applicant (clause 6, article 39.14 of the Land Code of the Russian Federation).

Consultations and comments of lawyers on Article 39.6 of the Civil Code of the Russian Federation

If you still have questions on Article 39.6 of the RF LC and you want to be sure that the information provided is up to date, you can consult the lawyers of our website.

You can ask a question by phone or on the website. Initial consultations are free of charge from 9:00 to 21:00 Moscow time daily. Questions received between 21:00 and 09:00 will be processed the next day.

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Hello Ludmila.

What type of permitted use of the land plot, for what it was provided to you? Has a building permit been issued?

If the land was provided for construction and the construction is not completed, then there is an opportunity to extend the contract without bidding!

If the object indicated by you contains signs of capital construction and is on the cadastral register as an object of construction in progress, then you can refer to clause 10 of part 2 of article 39.6 of the Land Code of the Russian Federation.

If not for construction and not a capital construction object has been created, then it is necessary to select other grounds in Article 39.6. ZK RF.

Land Code of the Russian Federation
Article 39.6. Cases of provision of land plots in state or municipal ownership for lease at auctions and without auctions
1. A lease agreement for a land plot owned by the state or municipality shall be concluded at the auction held in the form of an auction, except for the cases provided for in paragraph 2 of this article.
2. A lease agreement for a land plot owned by the state or municipality shall be concluded without bidding if the following is provided:
1) a land plot for legal entities in accordance with a decree or order of the President of the Russian Federation;
2) a land plot for legal entities in accordance with the order of the Government of the Russian Federation for the placement of social and cultural facilities, the implementation of large-scale investment projects, subject to the compliance of these facilities, investment projects with the criteria established by the Government of the Russian Federation;
3) a land plot to legal entities in accordance with the order of the highest official of a constituent entity of the Russian Federation for the placement of social, cultural and domestic facilities, the implementation of large-scale investment projects, provided that the specified objects, investment projects comply with the criteria established by the laws of the constituent entities of the Russian Federation;
4) a land plot to fulfill the international obligations of the Russian Federation, as well as to legal entities for the placement of facilities designed to provide electricity, heat, gas and water supply, water disposal, communications, oil pipelines, objects of federal, regional or local significance;
5) a land plot formed from a land plot that is in state or municipal ownership, including those provided for the integrated development of the territory, to the person with whom the lease agreement for such a land plot was concluded, unless otherwise provided by subparagraphs 6 and 8 of this paragraph;
6) a land plot formed from a land plot provided to a non-profit organization created by citizens for the integrated development of the territory for the purpose of individual housing construction, with the exception of land plots classified as public property, to members of this non-profit organization or, if provided for by a decision of the general meeting members of this non-profit organization, this non-profit organization;
7) a land plot formed from a land plot provided to a non-profit organization created by citizens for horticulture, horticulture, dacha farming, with the exception of land plots classified as public property, members of this non-profit organization;
8) a land plot formed as a result of the division of a land plot limited in circulation, provided to a non-profit organization created by citizens for gardening, horticulture, dacha farming or for the integrated development of the territory for the purpose of individual housing construction and classified as common use property, of this non-profit organization ;
9) a land plot on which buildings, structures are located, to the owners of buildings, structures, premises in them and (or) persons to whom these real estate objects are provided on the right of economic management or, in cases provided for in Article 39.20 of this Code, on the right of operational management;
10) a land plot on which objects of construction in progress are located, once for the completion of their construction to the owners of objects of construction in progress in the cases provided for in paragraph 5 of this article;
11) a land plot that is in permanent (unlimited) use of legal entities, to these land users, with the exception of legal entities specified in paragraph 2 of Article 39.9 of this Code;
12) a land plot for a peasant (farm) economy or agricultural organization in the cases established by the Federal Law "On the turnover of agricultural land";
13) a land plot formed within the boundaries of a built-up area, to a person with whom an agreement on the development of a built-up area has been concluded;
13.1) a land plot for the development of the territory for the purpose of building economy class housing or for the integrated development of the territory for the construction of economy class housing to a legal entity that has entered into an agreement on the development of the territory for the construction of economy class housing or an agreement on the integrated development of the territory for the construction of economy class housing ;
14) a land plot to citizens who have the right to first-priority or extraordinary acquisition of land plots in accordance with federal laws, laws of the constituent entities of the Russian Federation;
15) a land plot to citizens for individual housing construction, personal subsidiary farming within the boundaries of a settlement, gardening, dacha farming, citizens and peasant (farmer) farms for the peasant (farm) farm to carry out its activities in accordance with Article 39.18 of this Code;
16) a land plot instead of a land plot provided to a citizen or legal entity on the right of lease and withdrawn for state or municipal needs;
17) a land plot for religious organizations, Cossack societies entered in the state register of Cossack societies in the Russian Federation (hereinafter - Cossack societies), for agricultural production, preservation and development of the traditional way of life and management of Cossack societies in the territory determined in accordance with the laws of the subjects Russian Federation;
18) a land plot to a person who, in accordance with this Code, has the right to acquire ownership of a land plot that is in state or municipal ownership, without holding an auction, including free of charge, if such a land plot is reserved for state or municipal needs or is limited in turnover;
19) a land plot to a citizen for haymaking, grazing of farm animals, gardening or a land plot located outside the boundaries of a settlement, to a citizen for running a personal subsidiary plot;
20) a land plot required for carrying out work related to the use of subsoil, to a subsoil user;
21) a land plot located within the boundaries of a special economic zone or in the territory adjacent to it, to a resident of a special economic zone or a management company, if it is involved in the manner established by the legislation of the Russian Federation on special economic zones, to perform the functions of creating at the expense of federal funds the budget, the budget of the subject of the Russian Federation, the local budget, extra-budgetary sources of financing of real estate objects within the boundaries of the special economic zone and in the territory adjacent to it and for the management of these and previously created real estate objects;
22) a land plot located within the boundaries of a special economic zone or on the territory adjacent to it, for the construction of infrastructure facilities of this zone, to a person with whom an agreement on cooperation in the development of the infrastructure of a special economic zone, authorized by the Government of the Russian Federation, has been concluded by the federal executive body. An approximate form of an agreement on cooperation in the development of the infrastructure of a special economic zone is approved by the federal executive body authorized by the Government of the Russian Federation;
23) a land plot necessary for the implementation of activities provided for by a concession agreement, an agreement on public-private partnership, an agreement on municipal-private partnership, to the person with whom these agreements are concluded;
23.1) a land plot for development of the territory for the purpose of construction and operation of a rental house for commercial use or for the development of the territory for the purpose of construction and operation of a rental house for social use by a person who has entered into an agreement on the development of the territory for the purpose of construction and operation of a rental house for commercial use or an agreement on the development of the territory for the purpose of construction and operation of a rented house for social use, and in cases provided for by the law of a constituent entity of the Russian Federation, a non-profit organization created by a constituent entity of the Russian Federation or a municipality for the development of territories for the purpose of building and operating rented houses for social use;
24) a land plot necessary for carrying out activities in the field of hunting, to a person with whom a hunting management agreement has been concluded;
25) a land plot for the placement of reservoirs and (or) hydraulic structures, if the placement of these objects is provided for by territorial planning documents as objects of federal, regional or local significance;
26) a land plot for the implementation of the activities of the State Company "Russian Highways" within the boundaries of the right of way and roadside lanes of highways;
27) a land plot for the implementation of the activities of the open joint-stock company "Russian Railways" for the placement of infrastructure facilities for public railway transport;
28) a land plot to a resident of the territorial development zone, included in the register of residents of the territorial development zone, within the boundaries of the specified zone for the implementation of an investment project in accordance with the investment declaration;
29) a land plot to a person who has the right to harvest (catch) aquatic biological resources on the basis of a decision to provide them for use, an agreement on the provision of a fishing plot or an agreement on the use of aquatic biological resources, for the implementation of activities provided for by the said decision or agreements;
30) a land plot to a legal entity for the placement of nuclear installations, radiation sources, storage facilities for nuclear materials and radioactive substances, storage facilities, storage facilities for radioactive waste and disposal facilities for radioactive waste, decisions on the construction and location of which were adopted by the Government of the Russian Federation;
31) a land plot intended for agricultural production, to a tenant who properly used such a land plot, provided that an application for concluding a new lease agreement for such a land plot was submitted by this tenant before the expiration date of the previously concluded lease agreement for such a land plot;
32) a land plot to a tenant (with the exception of tenants of land plots specified in subparagraph 31 of this paragraph), if this tenant has the right to conclude a new lease agreement for such a land plot in accordance with paragraphs 3 and 4 of this article;
33) a land plot to a resident of the free port of Vladivostok in the territory of the free port of Vladivostok.
3. Citizens and legal entities that are tenants of state or municipally owned land plots have the right to conclude a new lease agreement for such land plots without bidding in the following cases:
1) a land plot has been leased to a citizen or legal entity without holding an auction (with the exception of cases provided for in paragraph 13, 14 or 20 of Article 39.12 of this Code);
2) a land plot was provided to a citizen at an auction for horticulture or dacha farming.
4. A citizen or a legal entity that is a tenant of a land plot shall have the right to conclude a new lease agreement for such a land plot in the cases specified in paragraph 3 of this article, if the following conditions are present in aggregate:
1) an application for concluding a new lease agreement for such a land plot was submitted by this citizen or this legal entity before the expiration date of the previously concluded land plot lease agreement;
2) the exclusive right to acquire such a land plot in the cases provided for by this Code and other federal laws does not belong to another person;
3) the previously concluded lease agreement for such a land plot was not terminated with this citizen or this legal entity on the grounds provided for in paragraphs 1 and 2 of Article 46 of this Code;
4) at the time of the conclusion of a new lease agreement for such a land plot, there are grounds provided for in subparagraphs 1-30 of paragraph 2 of this article for the provision without holding a tender of a land plot, the lease agreement of which was concluded without holding a tender.
5. Leasing without holding an auction of a land plot, which is in state or municipal ownership and on which an object of construction in progress is located, is carried out once to complete the construction of this object:
1) to the owner of an object of construction in progress, the ownership of which was acquired as a result of a public auction for the sale of this object, seized from the previous owner in connection with the termination of the lease agreement for a land plot in state or municipal ownership;
2) to the owner of an object of construction in progress, with the exception of the one specified in subparagraph 1 of this paragraph, if the authorized body, within six months from the date of expiration of the previously concluded lease agreement for the land plot on which this object is located, has not filed a claim with the court for withdrawal of this object by sale at a public auction or the court refused to satisfy this requirement or this object was not sold at a public auction due to the absence of persons participating in the auction. The provision of a land plot for rent without an auction in accordance with this subparagraph is allowed, provided that such a land plot was not provided for the completion of the construction of this object to any of the previous owners of this object.
6. If the only application for participation in the auction for the right to conclude a lease agreement for a land plot in state or municipal ownership is submitted by a person who meets the requirements for auction participants specified in the notice of the auction and whose application for participation in the auction meets those specified in the notice on holding an auction, the conditions of the auction, or if only one applicant is recognized as the sole participant in the auction or only one of its participants took part in the auction, the lease agreement for such a land plot is concluded with the specified person.

Sincerely! G.A. Kuraev

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Judicial practice according toJudicial practice according topress-.docx press-.docx

Judicial practice according toJudicial practice according toPress 2.rtf Press 2.rtf

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Article 621 of the Civil Code of the Russian Federation. Preemptive right of the tenant to conclude
new lease agreements
1. Unless otherwise provided by law or the lease agreement, the tenant,
duly performed his duties, after the expiration of the term
contract has, other things being equal, priority over other
persons the right to conclude a lease agreement for a new term. Tenant
is obliged to notify the lessor in writing of the desire to conclude such
agreement within the period specified in the lease agreement, and if the agreement
no time period is specified, within a reasonable time before the end of the contract.
When concluding a lease agreement for a new term, the terms of the agreement may be
changed by agreement of the parties.
If the landlord refused the tenant to conclude a contract for a new
term, but within a year from the date of expiration of the contract concluded with him
lease agreement with another person, the tenant has the right to choose
demand in court the transfer of rights and obligations under the prisoner
contract and compensation for damages caused by refusal to renew with him
lease agreement, or only compensation for such losses.
2. If the tenant continues to use the property after the expiration
term of the contract in the absence of objections from the landlord,
the contract is considered to be renewed on the same terms for an indefinite
term (become

Application. Clarifications of the FAS Russia on the application of Article 17.1 of Federal Law No. 135-FZ of July 26, 2006 “On Protection of Competition”

In accordance with Article 17.1 of the Federal Law of July 26, 2006 N 135-FZ "On Protection of Competition"
(hereinafter - the Law on Protection of Competition) conclusion of lease agreements,
gratuitous use agreements, trust agreements
property management, other agreements providing for the transfer of rights
possession and (or) use in relation to the state or
municipal property, can be carried out only on the basis of the results
holding tenders, except for the cases specified in paragraphs 1, 3.1, 3.2 and 9 of Article 17.1 of the Law on Protection of Competition.

According to part 3 of article 17.1 of the Law on Protection of Competition
in the manner prescribed by part 1 of this article,
conclusion of lease agreements, gratuitous use agreements, other
agreements providing for the transfer of ownership and (or) use rights in relation to:
1) state or municipal immovable property, which
belongs to the right of economic management or operational management
state or municipal unitary enterprises;

2) state or municipal real estate,
enshrined in the right of operational management of state or
municipal autonomous institutions;

3) state or municipal property that belongs to
the right of operational management of state or municipal
budgetary and state institutions, state bodies, bodies
local government.

Thus, the conclusion of any agreements providing for the transfer of ownership and (or) use rights in relation to the state or
municipal property, must be carried out in the manner prescribed
Article 17.1 of the Competition Law. At the same time, the exceptions established by part 1 of Article 17.1 of the Law on Protection of Competition apply to the conclusion of contracts in respect of state and municipal property specified in part 3 of Article 17.1 of the Law on Protection of Competition.

Cases of conclusion of contracts providing, in accordance with the provisions of paragraph 1 of Article 17.1 of the Law on Protection of Competition
transfer of the rights of possession and (or) use in relation to the state
or municipal property without bidding, do not establish
unconditional right to demand from the right holder the conclusion of such
contract and are not a corresponding obligation of the latter.

If there are two or more applicants for the conclusion of an agreement in respect of
the same objects of state or municipal property
without bidding on the basis of the exceptions provided for in paragraph 1 of Article 17.1 of the Law on Protection of Competition,
refusal to such applicants to conclude contracts without competitive procedures
and the subsequent transfer of the specified property at the auction will not be
violation of the legitimate rights and interests of such applicants.

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The lease agreement for the land has expired. An auxiliary facility was built on the storage facility, which the FRS refused to register as a capital construction facility. Is there any possibility to extend the lease of this storage unit without bidding on the new Land Code of the Russian Federation? We have a legal entity.
Ludmila

Good afternoon.

You have this right subject to the following conditions:

Federal Law No. 137-FZ of October 25, 2001 (as amended on June 8, 2015) “On Enactment of the Land Code of the Russian Federation”
Article 3
21. In the event that an object of construction in progress is located on a land plot that is in state or municipal ownership, and the ownership of the specified object was registered before March 1, 2015, or such land provided for lease until March 1, 2015, the owner of the said object has the right to acquire such a land plot on lease for a period of three years once to complete its construction without bidding in the manner prescribed by Articles 39.14 - 39.17 of the Land Code of the Russian Federation. The provisions of this paragraph shall apply if such a land plot has not previously been provided to any of the previous owners of the specified object of construction in progress in accordance with this paragraph.

There are also conditions in the Law on Competition:

Federal Law No. 135-FZ of July 26, 2006 (as amended on October 5, 2015) “On Protection of Competition” (as amended and supplemented, effective from January 10, 2016) Article 17.1. Features of the procedure for concluding contracts in relation to state and municipal property
9. Upon the expiration of the term of the lease agreement specified in parts 1 and 3 of this article, the conclusion of such an agreement for a new term with the tenant who has duly performed his duties is carried out without holding a tender, auction, unless otherwise provided by the agreement and the term of the agreement is not limited the legislation of the Russian Federation, subject to the following conditions:
1) the amount of rent is determined based on the results of the assessment market value an object conducted in accordance with the legislation governing valuation activities in the Russian Federation, unless otherwise provided by other legislation of the Russian Federation;
2) minimum term, for which the lease agreement is renewed, must be at least three years. The term can be reduced only on the basis of the tenant's application.
10. The landlord is not entitled to refuse the tenant to conclude a lease agreement for a new term in the manner and on the conditions specified in paragraph 9 of this article, except for the following cases:
1) adoption in accordance with the established procedure of a decision providing for a different procedure for disposing of such property;
2) the tenant has arrears in rent for such property, accrued forfeits (fines, penalties) in an amount exceeding the amount of rent for more than one payment period established by the lease agreement.
(Part 10 was introduced by Federal Law No. 401-FZ of December 6, 2011)
11. If the lessor refuses to conclude a lease agreement for a new term, specified in parts 1 and 3 of this article, on grounds not provided for by part 10 of this article, and the conclusion of a lease agreement with another person within a year from the date of expiration of this agreement the tenant, who duly fulfilled his obligations under the lease agreement, has the right to demand the transfer of rights and obligations under the concluded agreement and compensation for losses caused by the refusal to renew the lease agreement with him, in accordance with civil law.

Good afternoon!

Good afternoon. The lease agreement for the land has expired. An auxiliary facility was built on the storage facility, which the FRS refused to register as a capital construction facility. Is there any possibility to extend the lease of this storage unit without bidding on the new Land Code of the Russian Federation? We have a legal entity.
Ludmila

You do not have a pre-emptive right to conclude a new lease agreement - Art. 39.8 RF LC: 15. A lessee of a land plot that is in state or municipal ownership does not have a pre-emptive right to conclude a lease agreement for such a land plot for a new term without holding an auction.

Since your building is not capital, you also do not have a pre-emptive right in connection with the location of the building. My opinion - there should be bidding again. Whoever wins will get the lot. Either build capital building, but having previously obtained the appropriate building permit. Sincerely, Evgeny Urvantsev.

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Hello. Please specify, initially you received the land for rent during the auction or without them? This is important, since the extension of the right to lease without bidding is also regulated legislative acts Irkutsk region

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Lease of land without bidding

Your question:

I want to apply for the lease of a land plot that is adjacent to my plot, which belongs to me on the right of private ownership.
I want to indicate in the application: ... I ask you to provide me with a land plot for rent in accordance with paragraphs. 19 paragraph 2 of article 39.6 Z.K. without bidding for horticulture in accordance with the classifier of permitted use of land plots according to code 2.2 (name of the type of permitted use of land plot - personal subsidiary plot, description of the type of permitted use of land plot - production of agricultural products) ...
Is such a statement correct?
Can they refuse me?
What are the reasons for refusal?

Lawyer's response:
Hello, Natalia!
How do you understand you want to get a land plot for further purposes?
Article 39.6. Cases of provision of land plots, located in state or city ownership, for rent at auctions and without auctions
[Land Code of the Russian Federation] [Chapter V.1] [Article 39.6]
2. Rental contract land plot, located in state or city affiliation, is concluded without bidding in case of providing:
19) a land plot to a citizen for mowing, grazing farm animals, gardening or a land plot located outside the boundaries of a populated area, to a citizen for running a personal subsidiary plot;
Is such a statement correct?
Natalia You can get a sample application specifically at the Administration of the city of Khimki
Can they refuse me?
Natalia
Probable grounds for refusal are set out in Article 39.16. Grounds for refusal to provide a land plot, located in state or city ownership, without bidding (http://www.

On the provision of a land plot for rent without bidding

Your question: land code article 39 6

According to my application, the formation of a land plot was initiated by developing a site planning project, all the costs of engineering and geodetic surveys and a planning project were incurred by me, further registration is also planned at my expense. Can I demand the conclusion of a lease agreement for this site without bidding in accordance with any of the paragraphs of Article 39.6 of the RF LC (for example, paragraph 6).
With paragraph 15, everything is of course clear, but there are risks, is it possible to demand on the basis of the fact that everything was done at your own expense without this procedure.

Lawyer's response:
In the event that a land plot was provided to you for running a personal subsidiary plot, gardening, dacha farming (clause 15, clause 2, article 39.6 of the Labor Code of the Russian Federation), for gardening or a land plot located outside the boundaries of a populated area for running a personal subsidiary plot ( 19, clause 2, article 39.6 of the Land Code of the Russian Federation), you have the right to conclude a new lease contract without bidding if the criteria provided for in clause 4, art. 39.6: 1) an application for concluding a new lease contract for such a land plot was submitted before the expiration date of the previously concluded lease contract for a land plot;
2) the exclusive right to acquire such a land plot in cases not possessed by another person;
3) a previously concluded lease contract for such a land plot was not terminated on the grounds provided for in paragraphs 1 and 2 of Article 46 of the Land Code of the Russian Federation;
4) at the time of the conclusion of a new lease contract for such a land plot, there are subparagraphs 1 - 30, paragraph 2 of Art. 39.6 of the Land Code of the Russian Federation grounds for providing a land plot without bidding, the lease contract for which was concluded without bidding (in your case, paragraphs
________________________________________

Interpretation of clause Article 39.10 of the Land Code of the Russian Federation, clause 6

Your question: land code article 39 6

39.10 of the Land Code of the Russian Federation, clause 6, how can any citizen draw up this article correctly?
I can not understand what it means to be defined by the law of the subject. It's municipalities defined by law or what.

Lawyer's response:
According to subparagraph 6, paragraph 2, article 39.10 of the Land Code of the Russian Federation, land plots that are in state or city ownership can be provided in
gratuitous use, including for a citizen for personal
housing construction, personal subsidiary farming, whether the implementation
peasant (farm) economy of its activities in urban
formations determined by the law of the subject of the Russian Federation, for a period not
more than 6 years.
In other words, in this case, the legislator foresaw the broad possibilities of the constituent entities of the Russian Federation to determine the corresponding urban formations, based on
socio-economic and demographic situation in a certain region, in
which appropriate land plots can be provided in
free use.
I hope the answer was helpful to you!
________________________________________

Extension/conclusion of a land lease agreement without bidding

Your question:

Hello! Please help me find a way out:
there was a lease agreement for planting vegetables without the right to cap. construction,
the contract has ended. The conclusion of a new contract is impossible without bidding in paragraph 2 of Article 39.6 of the RF LC. is it possible to conclude such an agreement without bidding for a new term.
According to the terms of the contract, it is terminated after the expiration of the specified period.

Lawyer's response:
Hello Love. Unfortunately, according to part 15 of article 39.8. of the Land Code of the Russian Federation, the tenant of a land plot, located in state or city ownership, does not have a pre-emptive right to conclude a lease contract for such a land plot for a new term without bidding.
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