FEDERAL LAW OF THE RUSSIAN FEDERATION

of August 3, 2018 No. 341-FZ

About modification of the Land code of the Russian Federation and separate legal acts of the Russian Federation regarding simplification of placement of linear objects

Accepted by the State Duma on July 26, 2018

Approved by the Federation Council on July 28, 2018

Article 1

Bring in the Land code of the Russian Federation (The Russian Federation Code, 2001, No. 44, Art. 4147; 2003, No. 27, Art. 2700; 2004, No. 27, Art. 2711; No. 41, Art. 3993; No. 52, Art. 5276; 2005, No. 1, Art. 15, 17; No. 10, Art. 763; No. 30, Art. 3122, 3128; 2006, No. 1, Art. 17; No. 17, Art. 1782; No. 23, Art. 2380; No. 27, Art. 2880, 2881; No. 31, Art. 3453; No. 43, Art. 4412; No. 50, Art. 5279, 5282; No. 52, Art. 5498; 2007, No. 1, Art. 23, 24; No. 10, Art. 1148; No. 21, Art. 2455; No. 26, Art. 3075; No. 31, Art. 4009; No. 45, Art. 5417; No. 46, Art. 5553; 2008, No. 20, Art. 2251, 2253; No. 29, Art. 3418; No. 30, Art. 3597, 3616; No. 52, Art. 6236; 2009, No. 1, Art. 19; No. 11, Art. 1261; No. 29, Art. 3582, 3601; No. 30, Art. 3735; No. 52, Art. 6416, 6419, 6441; 2010, No. 30, Art. 3998; 2011, No. 1, Art. 47, 54; No. 13, Art. 1688; No. 15, Art. 2029; No. 25, Art. 3531; No. 27, Art. 3880; No. 29, Art. 4284; No. 30, Art. 4562, 4563, 4567, 4590, 4594, 4605; No. 48, Art. 6732; No. 49, Art. 7027, 7043; No. 50, Art. 7343, 7359, 7365, 7366; No. 51, Art. 7446, 7448; 2012, No. 26, Art. 3446; No. 31, Art. 4322; No. 53, Art. 7643; 2013, No. 9, Art. 873; No. 14, Art. 1663; No. 23, Art. 2881; No. 27, Art. 3440, 3477; No. 30, Art. 4080; No. 52, Art. 6961, 6971, 6976, 7011; 2014, No. 26, Art. 3377; No. 30, Art. 4218, 4225, 4235; No. 43, Art. 5799; 2015, No. 1, Art. 11, 38, 40, 52; No. 10, Art. 1418; No. 17, Art. 2477; No. 27, Art. 3997; No. 29, Art. 4339, 4350, 4359, 4378; No. 41, Art. 5631; No. 48, Art. 6723; 2016, No. 1, Art. 51, 80; No. 18, Art. 2495; No. 22, Art. 3097; No. 26, Art. 3875, 3890; No. 27, Art. 4267, 4268, 4269, 4282, 4287, 4294, 4298, 4306; 2017, No. 27, Art. 3938, 3940; No. 30, Art. 4457; No. 31, Art. 4765, 4766, 4829; 2018, No. 1, Art. 90, 91; No. 27, Art. 3947, 3954; No. 28, Art. 4139, 4149; Russian newspaper, 2018, on July 25) following changes:

Item 3 of Article 5 to add 1) with the paragraph of the following content:

"owners of the public servitude - persons having the right of limited use of lands and (or) others parcels of land established according to Chapter V.7 of this Code.";

2) in Article 11.8:

a) to add item 4 after the words "person performing it use" with the words "concerning the changed parcels of land keeps the right of lease or free use and (or)";

b) Item 5 after the word "Servitudes" to add with the words "public servitudes", after the words "concerning formed" to add with the words "or changed";

3) the name of Chapter IV after the word "servitude" to add with words ", the public servitude";

Article 23 to state 4) in the following edition:

"Article 23. Right of limited use of others parcel of land (servitude, public servitude)

1. The servitude is established according to the civil legislation, and concerning the parcel of land which is in the state-owned or municipal property taking into account the features provided by Chapter V.3 of this Code.

2. The servitude can be established by the decision of executive body of the government or local government body for the purpose of ensuring the state or municipal needs, and also needs of local population without seizure of land (the public servitude).

3. The public servitude is established according to this Code. To the legal relationship arising in connection with establishment, implementation and cancellation of the public servitude, regulations of the Civil code of the Russian Federation on the servitude and provisions of Chapter V.3 of this Code are not applied.

4. The public servitude can be established for:

1) pass or journey through the parcel of land, including for the purpose of providing open entry of citizens to water common use facility and its shore;

2) placements on the parcel of land of land marks, geodetic Items of the state geodetic networks, gravimetric Items, leveling Items and entrances to them;

3) carrying out drainage works on the parcel of land;

4) fence (withdrawal) of water resources from water objects and watering place;

5) run of farm animals through the parcel of land;

6) mowing, pasture of farm animals in accordance with the established procedure on the parcels of land in terms which duration corresponds to local conditions and customs;

7) uses of the parcel of land for the purpose of hunting, fisheries, aquaculture (fish breeding);

8) uses of the parcel of land for the purpose of, stipulated in Article 39.37 of this Code.

5. The public servitude can be established concerning one or several parcels of land and (or) lands.

Encumbrance of the parcel of land by the servitude, public servitude does not deprive of the owner of such parcel of land of rights of possession, uses and (or) orders of such parcel of land.

6. Transition of the rights to the parcel of land encumbered with the public servitude, provision of the parcel of land encumbered with the public servitude which is in the state-owned or municipal property, to citizens or legal entities are not the basis for the termination of the public servitude and (or) change of conditions of its implementation.

7. The term of the servitude is determined by agreement of the parties. Servitude term concerning the parcel of land which is in the state-owned or municipal property is determined taking into account restrictions, stipulated in Item 4 Articles 39.24 of this Code.

The term of the public servitude is determined by the decision on its establishment.

The servitude term, term of the public servitude concerning the parcel of land located in borders of the lands reserved for the state or municipal needs cannot exceed the term of reservation of such lands.

8. The servitude, the public servitude shall be established and performed on conditions, the least burdensome for use of the parcel of land according to its purpose and the permitted use.

9. Establishment of the servitude, public servitude in relation to lands and the parcels of land from structure of lands of agricultural purpose is performed taking into account requirements about ensuring rational use of lands.

10. If placement of the object specified in subitem 1 of Article 39.37 of this Code on the parcel of land will result in impossibility to use the parcel of land according to its permitted use or to essential difficulties in its use during the term exceeding the term provided by the subitem 4 of Item 1 of Article 39.44 of this Code placement of the specified construction on the parcel of land belonging to the citizen or the legal entity on the terms of the public servitude is not performed. In this case placement of the specified construction can be performed after withdrawal of the parcel of land for the state or municipal needs in case of observance of the conditions provided by Articles 49 and 56.3 of this Code.

11. Activities for which ensuring are established the servitude, the public servitude can be performed on the parcel of land irrespective of its purpose and the permitted use, except as specified, if implementation of these activities is not allowed in borders of certain zones, lands and the territories according to their mode.

12. The owner of the parcel of land encumbered with the servitude, the proportional payment having the right to require from persons for the benefit of whom the servitude is established if other is not provided by this Code or the Federal Law.

13. In case establishment of the public servitude leads to essential difficulties in use of the parcel of land, his owner has the right to demand from the public authority or local government body which established the public servitude, proportional payment if other is not provided by this Code.

14. Persons whose rights and legitimate interests are infringed by establishment of the public servitude can perform protection of the rights judicially.

15. Absence in the Single state real estate register of data on the registered rights to the parcels of land encumbered by the public servitude and (or) about coordinates of characteristic points of borders of such parcels of land, availability of disputes on the rights to such parcels of land are not obstacle for establishment of the public servitude.

16. Availability on the parcel of land of encumbrance is not obstacle for establishment of the public servitude concerning such parcel of land, except as specified, if earlier set restrictions of the rights to the parcel of land, the public servitude do not allow implementation of activities for which ensuring the public servitude is established.

17. Servitudes are subject to state registration according to the Federal Law "About State Registration of the Real Estate", except for servitudes, stipulated in Item 4 Articles 39.25 of this Code. Data on public servitudes are entered in the Single state real estate register.

18. Procedure for establishment of the public servitude concerning the parcels of land and (or) lands for their use for the purpose of, stipulated in Article 39.37 of this Code, term of the public servitude, condition of its implementation and procedure for determination of payment for such servitude are established by Chapter V.7 of this Code.

19. Features of establishment of the servitude, the public servitude concerning the parcels of land which are in borders of strips of withdrawal of highways are established by the Federal Law of November 8, 2007 No. 257-FZ "About highways and about road activities in the Russian Federation and about modification of separate legal acts of the Russian Federation".";

The subitem 3 of item 4 of Article 35 to add 5) with words ", based on the public servitude";

Article 39.8 to add 6) with Item 12.1 of the following content:

"12.1. If after the conclusion of the lease agreement of the parcel of land which is in the state-owned or municipal property the public servitude according to Chapter V.7 of this Code is established, the lessee has the right to require modification of the lease agreement of the parcel of land regarding increase in term of this contract for term during which use of the parcel of land according to its permitted use is impossible or is significantly complicated in connection with implementation of the public servitude. The lessor has no right to refuse entering of the specified changes into such agreement. This term is determined according to the agreement on implementation of the public servitude irrespective of term, stipulated in Item the 8th this Article.";

7) in Item 8 of Article 39.11:

a) in subitem 8 of the word "on the parcel of land on the terms of the servitude or object which is stipulated in Item 3 Articles 39.36 of this Code and whose accommodation does not interfere with use of such parcel of land according to its permitted use" shall be replaced with words placements of construction (including constructions which construction is not complete) "if on the parcel of land constructions (including constructions which construction is not complete) which placement is allowed based on the servitude, the public servitude, or the objects placed according to Article 39.36 of this Code are located";

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