In accordance with Article 7 "Composition of land in the Russian Federation" of the Land Code of the Russian Federation (LC RF), lands are subdivided into categories for their intended purpose. The first among them is the category of agricultural land.
The concept of agricultural land is formulated in Article 77 "The concept and composition of agricultural land" of the RF LC. Lands that are outside the boundaries of settlements and provided for the needs of agriculture, as well as intended for these purposes, are recognized as such. The same article establishes the composition of agricultural land ─ agricultural land, land occupied by on-farm roads, communications, forest plantations intended to ensure the protection of land from negative impacts, water bodies, as well as buildings, structures, structures used for production, storage and primary processing of agricultural products.
Agricultural lands of the Russian Federation
Comprising about a quarter of the entire territory of the Russian Federation, agricultural land in terms of its share in the total volume of land resources is second only to the lands of the forest fund, which occupies more than half of the country's area.
Types of agricultural land use - arable land (it accounts for the bulk of agricultural land), pastures, hayfields, orchards, vineyards, fish ponds, etc.
Despite the fact that Russia is one of the world leaders in arable land, only about 8% of its territory is plowed up. This is about three times less than in the United States and six times less than in India. Although there are subjects of the Federation where more than half of the entire territory is plowed up, ─ Belgorod, Voronezh, Kursk, Lipetsk, Oryol, Rostov, Saratov, Tambov regions; Krasnodar and Stavropol Territories.
It must be said that agricultural land is not only within the category of agricultural land. They constitute a significant share in the lands of settlements. There are agricultural lands in such categories as industrial, energy, transport, communications and other special purpose lands, forest lands, lands of specially protected areas and objects.
The largest share of various types of agricultural land is in the South of the country ─ in the North Caucasus and South federal districts... The smallest ─ in the harsh Siberia and the underdeveloped Far East. The main agricultural regions with an abundance of arable land are concentrated mainly in the Center and in the South of the European part, in the Middle and Lower Volga regions, and to a lesser extent in the south of the Urals, Siberia and the Far East.
Agricultural areas are included in the agricultural sector and are of particular value for the Russian economy. The quantity of agricultural goods produced depends on the quality of the soil and the degree of development of the territories. Let's figure out what the area of agricultural land is and what legal features are inherent in relations with land.
Agricultural land structure
Agricultural land is intended for use in the agricultural sector and cannot be built up with non-purpose structures. In other words, the shares are used only for sowing, fertilizing, collecting, processing and storing crops.
The area of agricultural land includes independent units of land allotments:
- Arable land. Used for annual sowing and fertilization of the soil.
- Hayfields. Agricultural plots intended for cutting grass during the harvesting period.
- Pastures. Vegetable plot of agricultural area used as a forage base for the KRG.
- Deposits. Unused vacant agricultural shares that have not been sown and fertilized.
- Plantings. The territory developed for planting plant and tree species and further harvesting.
The area of agricultural land is a collection of the above lands. The total cultivated area is determined by measuring each of the allotments included in the composition. When calculating the area, not only arable land and pastures are taken into account, but also areas sown with perennial plants.
Characteristics of agricultural land
Agricultural lands are part of the agrarian complex of Russia and represent areas intended for the cultivation of fruitful crops. Cultivated area and agricultural productivity are the most important factors in a successful business.
Agricultural lands are distinguished by a high level of mineral fertilizers. Due to the chemical impurities included in the composition, the soil is able to withstand several productive crops at once per year.
The structure of the area of agricultural land is represented by arable land, hayfields, pastures, fallow lands and green spaces. Objects are subject to state protection. Of particular importance is the cadastral valuation of agricultural land, which determines the characteristics of the soil and the total value of the plots used.
Legal relations in the field of agriculture are enshrined in the Land Code of the Russian Federation. So, according to paragraph 1 of Art. 77, agricultural land is recognized as land located outside of settlements and used as agricultural sown area. Another feature of agricultural shares is their intended purpose.
In accordance with the Labor Code of the Russian Federation, agricultural land areas are of two types:
- The main lands are used strictly for their intended purpose for growing crops.
- Ancillary lands are territories where agricultural objects are located. The category is distinguished by such areas as swamps, forests, trees and shrubs, highways, areas for structures, etc.
According to Art. 78 of the Labor Code of the Russian Federation, auxiliary shares must be used in accordance with their intended purpose and not contain objects that fall out of the agricultural production cycle.
Especially valuable productive agricultural land
Fertile soils are considered valuable agricultural land. The state cadastral assessment of agricultural land, which is carried out in accordance with the regulations, helps to determine the degree of land productivity.
Soil grading is a procedure for determining the quality of sown areas, which is expressed in accounting natural factors and the degree of development of land.
Validation allows you to determine how much one soil differs from another. An important feature of the procedure is the reliance on the chernozem composition of the land. The calculation is carried out only in those regions where the highest level of agricultural achievements, including technical equipment, is noted.
The agronomic assessment of soils is an important basis for determining the most suitable areas for sowing. After identifying the level of black soil, specialists form a base of valuable agricultural land.
It should be noted that the state cadastral assessment of agricultural land takes into account soil fertility on the scale of the bonitet score. Economic fertility is an important factor.
Bonitization is carried out both for agricultural land and for auxiliary land. The following are taken into account:
- location of the land;
- the degree of development of the region;
- natural and climatic conditions;
- annual economic income from land;
- income growth prospects;
- technical equipment, etc.
The list of especially valuable productive agricultural land is entered in the land registry and is one of the most important economic indicators.
Agricultural land translation
Agricultural land is land that generates income from the cultivation of soil and the cultivation of fruitful crops. But the fertility of the land can be achieved only with regular care of the allotments. Lack of measures for fertilization, regular sowing, irrigation and maintenance of agricultural production wears out the soil, making it unsuitable for agricultural needs.
The state cadastral valuation of agricultural land regulates the transfer of land from agricultural to other categories. However, the agricultural land fund knows a strictly limited number of cases of the possibility of transition:
- not using the soil for agricultural purposes;
- transfer of land to a specially protected area;
- expansion of the settled zone;
- construction in areas unsuitable for agricultural sowing;
- transfer of unusable plots to forest or water resources;
- transfer of land to stock lands;
- laying of communication nodes;
- recognition of the territory as a historical and cultural heritage;
- prospecting for locations of minerals.
In accordance with Article 7 of the Federal Law No. 172-FZ, agricultural land is not transferred to another category:
- with restrictions on the transfer of land;
- with a negative opinion of a soil evaluator;
- in case of inappropriate assignment of shares.
- for other reasons provided by law.
Federal law provides an exhaustive list of the possibilities of transferring land to other categories. To ensure translation, a list of documents should be prepared, including the maximum size total area agricultural land passing from one land group to another. But at the same time, it is important to remember that the legislation imposes a ban on the transition of especially valuable productive agricultural land due to their important target role.
By order of the Government of the Kurgan region dated 28.08.2013 No. 263-r "On the state cadastral valuation of agricultural land", it was decided to conduct the next state cadastral valuation of agricultural land. The last assessment of these lands was approved in 2007. In light of this, of particular interest is the information contained in the annual report on the state of land use in the Kurgan region, submitted by the Office of the Rosreestr for the Kurgan region to the Rosreestr.
The lands located within the borders of the Kurgan region constitute the land fund of the region, which as of January 1, 2014 is 7148.8 thousand hectares. The largest area in the structure of the land fund of the Kurgan region is occupied by agricultural land - 63.3%, forest land accounts for 25.3%, land of settlements - 7.9%, reserve land - 2.0% and other categories are less than by 1 %.
Agricultural land is land designated and provided for the needs of agriculture outside the boundaries of settlements. Lands of this category are provided to agricultural enterprises, organizations for agricultural production, research and educational purposes, as well as citizens for running a peasant (farm) economy, personal subsidiary farming, gardening, truck farming, livestock raising, haymaking and cattle grazing.
The total area of agricultural land as of January 1, 2014 was 4529.6 thousand hectares (since 2009, there has been no change in the area of this category), including 4032.2 thousand hectares of agricultural land (89.0%). The area of non-agricultural land is 497.4 thousand hectares (11.0%). Arable land (57.4%), pastures (18.5%) and hayfields (12.7%) occupy a significant place in the structure of agricultural land.
On agricultural land, enterprises and organizations use 2,584.9 thousand hectares (including 1116.9 thousand hectares - land of liquidated agricultural organizations, on which the issue of terminating the right to land has not been resolved), peasant farms occupy an area of 319.8 thousand hectares. hectares, personal subsidiary plots - 220.3 thousand hectares, gardening partnerships - 9.8 thousand hectares, land provided for animal husbandry, haymaking and grazing - 5.6 thousand hectares, owners of land plots received from land shares - 289.6 thousand hectares, land share owners who have not concluded lease agreements with enterprises - 874.8 thousand hectares, individual entrepreneurs - 24.8 thousand hectares.
In 2013, the area of land in common shared ownership and leased out to enterprises, organizations and individuals amounted to 1,489.4 thousand hectares. The area of land owned by legal entities is 233.4 thousand hectares and increased by 16.1 thousand hectares due to the purchased land shares. At the same time, there are many formed land plots of common common ownership, put on the cadastral register, with unregistered rights and, therefore, not legally leased out.
Since 2000, the area of agricultural land has remained almost constant, this is due to the fact that due to the lack of funds for new surveys and surveys, updating of cartographic materials is not carried out, in this regard, to assess the area of agricultural land withdrawn from circulation due to their overgrowth with shrubs and small forests is not possible, but this area is very significant.
The main users of agricultural land are agricultural enterprises, organizations, as well as citizens engaged in the production of agricultural products. In total, they used 3697.7 thousand hectares or 82.9% of the area of agricultural land available in the region. The distribution of the used area of agricultural land between enterprises and citizens is 56.3% and 43.7%, respectively.
As of January 1, 2014, in the category of agricultural land, the share of privately owned land amounted to 3178.2 thousand hectares, 98.5% of the total area of privately owned land. Agricultural land owned by citizens is 2,946.7 thousand hectares, in the ownership of legal entities - 231.5 thousand hectares.
The largest part of the land area privately owned in this category of land belongs to the land shares of citizens - 80.2% (2363.2 thousand hectares). In personal subsidiary plots, 6.1% (180.8 thousand hectares) of the area of land of private property of the category is owned, the owners of land plots received from the land share for agricultural production - 9.8% (288.6 thousand hectares). ha), peasant farms (entrepreneurs) - 6.1% (179.3 thousand ha).
In the structure of private property, there was a decrease in the area of land by 12.5 thousand hectares, including the area of land owned by legal entities increased by 16.1 thousand hectares, and in the ownership of citizens decreased by 28.6 thousand hectares. The increase in the area of land owned by legal entities is due to the purchase of land shares and land plots from their owners. The decrease in the area of land owned by citizens, as already mentioned, is associated with the refusal of the owners of land shares from ownership and the sale of land to legal entities.
The main owners of legal entities are peasant (farm) farms that have not undergone re-registration - 36.1% (83.8 thousand hectares) and agricultural enterprises - 69.2% (147.8 thousand hectares). 1351.4 thousand hectares or 29.8% of the lands of this category are in state and municipal ownership. The area of land plots to which the ownership of the Russian Federation is registered is 144.6 thousand hectares, or 10.7% of the area of state and municipal property, of which 2.9 thousand hectares were transferred for permanent (unlimited) use and 52, 7 thousand hectares - for rent. The rights to land plots owned by the Kurgan region have not been registered in the considered category of land. Municipal property rights were registered on an area of 104.5 thousand hectares, of which 23.6 thousand hectares were leased.
Regional office.
Agricultural land
Agricultural land is land provided for the needs of agriculture or intended for these purposes. Lands of this category are located outside the settlements and act as the main means of production of food, feed for livestock, raw materials, have a special legal regime and are subject to special protection aimed at preserving their area, preventing the development of negative processes and increasing soil fertility.
Agricultural land includes agricultural land, land occupied by on-farm roads, communications, tree and shrub vegetation, designed to ensure the protection of land from the impact of negative (harmful) natural, anthropogenic and man-made phenomena, enclosed bodies of water, as well as buildings, structures, structures used for the production, storage and primary processing of agricultural products.
As of January 1, 2010, the area of agricultural land amounted to 4345.9 thousand hectares or 86.4% of the republic's land. This category includes land provided to agricultural enterprises and organizations (partnerships and societies, cooperatives, state and municipal unitary enterprises, research institutions). It also includes land plots provided to citizens for running a peasant (farming) economy, personal subsidiary farming, gardening, truck farming, animal husbandry, haymaking and cattle grazing.
The composition of agricultural land includes lands transferred to the jurisdiction of rural administrations and located outside the boundaries of settlements. These lands were taken from agricultural enterprises at the initial stage of their reform.
In accordance with the Land Code of the Russian Federation, a land redistribution fund is created in the Republic of Dagestan as part of agricultural land. The formation of the fund is carried out at the expense of agricultural land plots, free from encumbrances with the rights of legal entities and individuals, in order to redistribute land for agricultural production, create and expand peasant (farm) farms, personal subsidiary plots, gardening, livestock, truck farming, haymaking, grazing livestock, as well as at the expense of unclaimed summer pastures.
Agricultural land consists of agricultural and non-agricultural land. The area of agricultural land referred to this category of land at the beginning of 2010 amounted to 3220.7 thousand hectares (74.1%). Most of the agricultural land is occupied by pastures of 2543.6 thousand hectares or (78.9%) of agricultural land, 467.6 thousand hectares (14.5%) are occupied by arable land, and the rest of the area is perennial plantings, hayfields and fallow lands.
The area of non-agricultural land in the structure of agricultural land amounted to 1125.2 thousand hectares. These are lands under buildings, structures, on-farm roads, protective tree and shrub plantations, enclosed reservoirs, as well as land plots intended for servicing agricultural production and other lands.
The distribution of lands of this category by holdings is presented in Table 3.3.
Table 3.3 Distribution of agricultural land by holdings.
The area of the category of agricultural land in different administrative regions of the republic ranges from 98% to 62% of the total area of the region. The distribution of agricultural lands by districts is presented in Table 3.4.
Table 3.4 Distribution of agricultural land by administrative districts of the Republic of Dagestan as of January 1, 2009
|
Total area of the district, ha |
Agricultural land area, ha |
% of the total area of the district |
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|
Babayurtovsky |
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|
Kizlyarsky |
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|
Nogai |
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|
Tarumovsky |
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|
Khasavyurt |
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|
Kizilyurt |
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|
Derbent |
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|
Kayakent |
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|
Karabudakhkent |
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|
Magaramkent |
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|
Buinaksky |
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|
Kazbekovskiy |
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|
Suleiman-Stalsky |
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|
Kaitagsky |
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|
Novolaksky |
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|
Sergokalinsky |
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|
Tabasaran |
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|
Agulsky |
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|
Akushinsky |
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|
Akhvakhsky |
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|
Akhtynsky |
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|
Botlikh |
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|
Gergebilsky |
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|
Gumbetovsky |
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|
Gunibsky |
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|
Dakhadaevsky |
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|
Kulinsky |
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|
Kurakhsky |
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|
Levashinsky |
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|
Rutulsky |
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|
Shamilskiy |
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|
Tlyaratinsky |
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|
Untsukulsky |
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|
Khunzakhsky |
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|
Tsuntinsky |
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|
Tsumadinsky |
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|
Charodinsky |
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|
Makhachkala |
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|
Khasavyurt city |
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|
Derbent |
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|
Buinaksk |
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|
Kizilyurt |
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|
Yuzhno-Sukhokumsk |
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|
Dagestan Lights |
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|
Kaspiysk |
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|
Izberbash |
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|
Dokuzparinsky |
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|
Kumtorkalinsky |
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