The procedure of calculation and allocation of land shares
The detailed procedure of calculation and allocation of land shares, as well as the disposition is determined by the Government of the Russian Federation of February 1, 1995, “Procedures for the rights of owners of land shares and property shares” [1].
In determining the land shares (shares) of the workers (members) of households set the amount of land available for distribution, and the number of persons eligible to receive this share. Meeting workforce decides on a list of persons entitled to receive land shares.
For the ownership of land shares are entitled to:
- Employees of agricultural business organizations (enterprises), including those dismissed from the organization to reduce the number of employees after January 1, 1992, as well as temporarily absent (conscripts, Fellows economy, women in maternity leave, maternity care child). This does not include employees of temporary, seasonal, working on civil contracts, Combine;
- Pensioners, retirees in this agricultural organization (or one that was located on these lands before the restructuring) and living on its territory;
- Persons employed in the social sphere of rural workers organizations, health, culture, life, communication, trade and catering, education, located in agricultural organizations;
- The heirs of a person who was entitled to receive a share of ownership of land, but the deceased at the time of issuance of the certificate (within the prescribed period of limitation).
It is important to emphasize that these persons are entitled to receive a prime land parcel in only one agricultural organization.
The size of individual land share is set independently of the labor contribution and length of service and is determined in kind and in value terms
Section on land shares are subject to all agricultural land except farm land:
- Included in fund land redistribution;
- Transferred to the village, township, city councils, including homestead land fund, areas occupied by grasslands and pastures by the public;
- Sent to this farm in the lease;
- Variety centers are used for testing new varieties of crops.
In the farms where the land is the proportion of workers and retirees exceeds the norm srednerayonnuyu transmitted to citizens free of charge, area of agricultural land in excess of this standard are transferred to the fund land redistribution. Not be distributed by a fraction of land occupied by roads.
Land share is calculated in hectares and ballogektarah.
Thus, the land share in hectares is calculated by dividing the total area of agricultural land transferred to the common property of the participants (members) Agriculture Organization of the number of persons entitled to the ownership of land shares total area of land shares is determined by the inventory data, and in their absence – under the state act. Land share in ballogektarah calculated by dividing the sum of ballogektarov all agricultural land transferred to the common property of all persons eligible.
ZS Belyaev, OA Samonchik, EI Pavlova, LP Fomina indicate that this was set the size of the district share, which was determined by dividing the productive land area by the number of people employed in agricultural production [2].
Land shares in the locality is not delimited and there, so to speak, in documentary terms, as long as required by law, cases and procedures shall be made in-kind allocation of land, equal in size established by the land share.
If the land area allocated to the collective farms in the property free of charge, is less than the area of former agricultural land, team members have a priority right to buy or lease the remaining land.
Individual land share is determined by the conditional in-kind (in hectares) or cost (50 times the land tax) terms.
To avoid the potentially possible excessive fragmentation of land use and social equity in the allocation of appropriate land shares to certain categories of workers, obviously not wanting to engage in individual production on earth (for example, pensioners who have no heirs to the farm), initially to provide compensation for the land share of property.
Owner of property and land shares may use them in the following ways:
- To obtain land and other means of production in the amounts of their shares (but the land – less than the marginal rate) when exiting the farm for the purpose of individual production;
- To introduce them to the authorized capital stock company, if the economy or part of it is reorganized;
- Make it as an introductory unit in the production cooperatives (collective enterprise), if the economy or its
Part of it was reorganized;
- Sell them in whole or part to other holders of shares;
- Pass by inheritance as property under the current legislation.
Land share owners have the right to a land parcels in both of the peasant (farmer’s) economy, and for the extension to the established rules of land used by private subsidiary farms and individual housing construction.
To single out one or more of land shares in kind to any lawful purpose land share owners apply for the administration of the county (city) to the representatives of the co-owners of the land or to the Head Agriculture Organization, which uses the land.
Not later than one month from the filing date “on the allocation of land to be held collection of land share owners or their representatives, which decides on the location of the land plots allocated to applicants on account of allocated land shares. The decision lists the tracts of land, tract and field at which applicants are invited to choose a plot, or offer specific plots of land. Such a decision must be unanimous. Unanimity is achieved if, within one month from the date of notification of each co-owner of the location of the land plots allocated to expense allocated land shares, or the method of its determination applicants and intra-commission for land privatization and restructuring did not receive objections in writing from anyone of the co-owners.
If between co-owners and the applicants agreed on the allocation of land in respect of shares then issued a protocol on the allocation of land, which is submitted to the District Committee for Land Resources and serves as the basis for the stake out land boundaries.
If there are disagreements between co-owners and claimants, or between several applicants over the allocation of land, as well as the absence of agreement on the method of determining the location of these sites makes a decision the local authority with the participation of committees for land resources.
In case of disagreement of land share allocated to the location of the land disputes are resolved in court.
Legislation of the Russian Federation contributes to the established order of some additions and clarifications. For example, the Law of the Sverdlovsk region on December 6, 1995 № 92 “On regulation of land relations on the territory of Sverdlovsk Region” [3] determined that the owner of the land parcel, has filed a statement of its allocation in kind may apply to the court, if a meeting of owners land shares refuses to provide sites, avoids making a decision or is in delay with the decision, and if he disagrees with the decision of the meeting.
The same law ordered to provide for the farms of land with cadastral valuation, usually at the secondary level inventory estimate on the economy. If the land quality is lower than this estimate, the local authorities to establish such farms tax and other benefits.
[1], SAPP RF 1995. № 96. Art. 1478, 2002. № 71. Art. 997.
[2] Belyaev ZS, Samonchik OA, Pavlova, EI, Fomina LP Agrarian Reform in Russia: legal problems and solutions.M., 1998. S.208.
[3] The Law of the Sverdlovsk region on December 6, 1995 № 92 “On regulation of land relations on the territory of Sverdlovsk Region / / Sverdlovsk news. 1995. № 16. C.4