ORDER OF THE MINISTRY OF ECONOMIC DEVELOPMENT OF THE RUSSIAN FEDERATION
AND FEDERAL REGISTRATION SERVICE OF THE RUSSIAN FEDERATION

of June 18, 2019 No. P/0240

About approval of Administrative regulations of implementation of the state land supervision by Federal Registration Service

According to Item 3 of part 2 of article 4 of the Federal Law of December 26, 2008 to No. 294-FZ "About protection of the rights of legal entities and individual entrepreneurs when implementing the state control (supervision) and municipal control" <1>, the Regulations on Federal Registration Service approved by the order of the Government of the Russian Federation of June 1, 2009 No. 457 <2>, Regulations on the state land supervision approved by the order of the Government of the Russian Federation of January 2, 2015 No. 1 <3>, the Rules of development and approval of administrative regulations of implementation of the state control (supervision) approved by the order of the Government of the Russian Federation of May 16, 2011 No. 373 <4>, I order:

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<1> Russian Federation Code, 2008, No. 52, Art. 6249; 2009, No. 18, Art. 2140; No. 29, Art. 3601; No. 48, Art. 5711; No. 52, Art. 6441; 2010, No. 17, Art. 1988; No. 18, Art. 2142; No. 31, Art. 4160, 4193, 4196; No. 32, Art. 4298; 2011, No. 1, Art. 20; No. 17, Art. 2310; No. 23, Art. 3263; No. 27, Art. 3880; No. 30, Art. 4590; No. 48, Art. 6728; 2012, No. 19, Art. 2281; No. 26, Art. 3446; No. 31, Art. 4320, 4322; No. 47, Art. 6402; 2013, No. 9, Art. 874; No. 27, Art. 3477; No. 30, Art. 4041; No. 44, Art. 5633; No. 48, Art. 6165; No. 49, Art. 6338; No. 52, Art. 6961, 6979, 6981; 2014, No. 11, Art. 1092, 1098; No. 26, Art. 3366; No. 30, Art. 4220, 4235, 4243, 4256; No. 42, Art. 5615; No. 48, Art. 6659; 2015, No. 1, Art. 53, 64, 72, 85; No. 14, Art. 2022; No. 18, Art. 2614; No. 27, Art. 3950; No. 29, Art. 4339, 4362, 4372, 4389; No. 45, Art. 6207; No. 48, Art. 6707; 2016, No. 11, Art. 1495; No. 18, Art. 2503, No. 27, Art. 4160, 4164, 4187, 4194, 4210, 4287; No. 50, Art. 6975; 2017, No. 9, Art. 1276; No. 18, Art. 2673; No. 31, Art. 4742; No. 45, Art. 6582; No. 49, Art. 7304; 2018, No. 1, Art. 26, 27; No. 17, Art. 2430; No. 18, Art. 2564; No. 31, Art. 4834; No. 32, Art. 5109, 5114, 5116; No. 45, Art. 6841; No. 53, Art. 8406, 8437; 2019, No. 12, Art. 1231; No. 16, Art. 1817; No. 23, Art. 2913.

<2> Russian Federation Code, 2009, No. 25, Art. 3052; 2010, No. 26, Art. 3350; No. 45, Art. 5860; 2011, No. 14, Art. 1935; No. 15, Art. 2125; No. 23, Art. 3320; No. 46, Art. 6527; 2012, No. 39, Art. 5266; No. 42, Art. 5715; No. 51, Art. 7236; 2013, No. 45, Art. 5822; 2014, No. 50, Art. 7123; 2015, No. 2, Art. 491; 2016, No. 2, Art. 325, 356; No. 17, Art. 2409; No. 28, Art. 4741; No. 42, Art. 5943; No. 45, Art. 6264; No. 50, Art. 7100; 2017, No. 8, Art. 1258; 2019, No. 20, Art. 2444.

<3> Russian Federation Code, 2015, No. 2, Art. 514; 2016, No. 12, Art. 1666; No. 52, Art. 7638; 2017, No. 28, Art. 4140; No. 32, Art. 5070; No. 34, Art. 5274; No. 38, Art. 5622; 2019, No. 20, Art. 2444.

<4> Russian Federation Code, 2011, No. 22, Art. 3169; 2012, No. 28, Art. 3908; No. 52, Art. 7507; 2014, No. 5, Art. 506; 2017, No. 44, Art. 6523; 2018, No. 6, Art. 880; No. 25, Art. 3696; No. 46, Art. 7050.

Approve the enclosed Administrative regulations of implementation of the state land supervision by Federal Registration Service.

Approved by the Order of Federal Registration Service of the Russian Federation of June 18, 2019, No. P/0240

Administrative regulations of implementation of the state land supervision by Federal Registration Service

I. General provisions

1. The administrative regulations of implementation of the state land supervision by Federal Registration Service (further - Administrative regulations) determine terms and the sequence of ministerial procedures (actions) of authorized officers of Federal Registration Service (Federal Registration Service) and territorial authorities of the Federal Registration Service (further - territorial authorities) when implementing the state land supervision.

Name of function

2. Function on implementation of the state land supervision.

The name of the bodies exercising the state land supervision

3. The state land supervision is exercised by the Federal Registration Service, territorial authorities.

The regulatory legal acts regulating implementation of the state land supervision

4. The list of the regulatory legal acts regulating implementation of the state land supervision by the Federal Registration Service (territorial authorities) is posted on the official site of the Federal Registration Service (www.rosreestr.ru), in the federal state information system "Federal Register of the State Services (Functions)" and the federal state information system "Single Portal of the State and Municipal Services (Functions)" (www.gosuslugi.ru) on the Internet (further - Internet network).

Subject of the state land supervision

5. Subject of the state land supervision exercised by the Federal Registration Service according to Item 3 of the Regulations on the state land supervision approved by the order of the Government of the Russian Federation of January 2, 2015 No. 1 <1> is observance concerning objects of land relations by public authorities, local government bodies, legal entities, individual entrepreneurs, citizens of requirements of the land legislation for which violation the legislation of the Russian Federation provides responsibility (further - mandatory requirements):

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<1> Russian Federation Code, 2015, No. 2, Art. 514; 2016, No. 12, Art. 1666; No. 52, Art. 7638; 2017, No. 28, Art. 4140; No. 32, Art. 5070; No. 34, Art. 5274; No. 38, Art. 5622; 2019, No. 20, Art. 2444.

1) requirements of the legislation on non-admission of unauthorized occupation of the parcel of land or part of the parcel of land, including use of the parcel of land by person who does not have the stipulated by the legislation rights of the Russian Federation to the specified parcel of land;

2) requirements about renewal by legal entities of the right of permanent (termless) use of the parcels of land of the right of lease of the parcels of land or acquisition of the parcels of land in property;

3) requirements of the legislation on use of the parcels of land for purpose according to their belonging to this or that category of lands and (or) the permitted use;

4) the requirements of the legislation connected with compulsory use during fixed term of the parcels of land intended for housing or other construction, gardening, truck farming, for present purposes;

5) the requirements of the legislation connected with obligation on reduction of lands in the condition suitable for use on purpose;

6) requirements of the land legislation public authorities and local government bodies by provision of the parcels of land which are in the state-owned and municipal property;

7) the requirements of the legislation connected with accomplishment at the scheduled time of the instructions issued by officials of the Federal Registration Service (territorial authorities) within competence concerning observance of requirements of the land legislation and elimination of violations in the field of land relations.

The rights and obligations of officials when implementing the state land supervision

6. The state land supervision is exercised by authorized officers of the Federal Registration Service (territorial authority), being the state inspectors on use and protection of lands (further - officials).

7. Officials have the right:

1) to perform scheduled and unscheduled inspections of observance of requirements of the legislation of the Russian Federation;

To request 2) and to gratuitously receive based on requests in writing from public authorities, local government bodies, legal entities, individual entrepreneurs, citizens information and documents necessary for conducting checks, including documents on the rights to the parcels of land and objects located on them, and also the information about persons using the parcels of land concerning which are performed in the part relating to check subject;

3) freely upon presentation of the official ID and the copy of the order (order) of body of the state land supervision on purpose of check to get access to the parcels of land, including the parcels of land occupied with subjects to defense and safety, and also other special objects and to inspect such parcels of land and objects (according to the procedure, established for survey of such parcels of land and objects and their visit) for implementation of the state land supervision;

4) to perform administrative inspection of objects of land relations, to draw up its results the relevant act;

5) to issue instructions, obligatory for execution, about elimination of the violations of the land legislation revealed as a result of checks, and also to exercise control of execution of the specified instructions at the scheduled time;

6) to address to law-enforcement bodies behind assistance in prevention or suppression of the actions interfering implementation of the state land supervision in establishment of persons guilty of violation of the land legislation;

To perform 7) within competence production on cases on administrative offenses, including to constitute protocols on administrative offenses and other acts, stipulated by the legislation the Russian Federation, according to the procedure, established by the legislation on administrative offenses, and to send to their corresponding officials for hearing of cases about administrative offenses for the purpose of involvement of perpetrators to responsibility, to consider cases on administrative offenses within competence;

8) to involve experts and the expert organizations in conducting checks of observance of requirements of the land legislation;

To send 9) to public authorities, local government bodies of the offer on reduction of the legal acts adopted by these bodies for questions of use and protection of lands and (or) the parcels of land in compliance with provisions of the land legislation;

10) to perform other powers provided by the Federal Laws;

11) to carry out preliminary inspections of the arrived information.

8. Officials when conducting checks shall:

1) to observe the legislation of the Russian Federation, the right and legitimate interests of the citizen, legal entity, individual entrepreneur, public authority and local government body;

2) timely and in full to perform the powers provided in accordance with the legislation of the Russian Federation according to the prevention, identification and suppression of violations of requirements of the legislation of the Russian Federation for which violation the legislation of the Russian Federation provides administrative and other responsibility;

3) to perform based on the order (order) of the Federal Registration Service (territorial authority) on its carrying out according to purpose of check;

4) to perform only during execution of service duties, exit check - only in case of presentation of the official ID, copy of the order (order) of the Federal Registration Service (territorial authority), the copy of the document on approval of conducting unscheduled exit inspection of bodies of prosecutor's office (in case of need approvals of carrying out unscheduled inspection of bodies of prosecutor's office);

5) not to interfere with the head, to other official or the authorized representative of the legal entity, public authority, local government body, the individual entrepreneur, the citizen, their authorized representative to be present when conducting check and to make explanations on the questions relating to check subject;

To provide 6) to the head, other official or the authorized representative of the legal entity, public authority, local government body, the individual entrepreneur, his authorized representative, the citizen, his legal or authorized representative who are present when conducting check, information and documents relating to check subject;

7) to acquaint the head, other official or the authorized representative of the legal entity, public authority, local government body, the individual entrepreneur, his authorized representative, the citizen, his legal or authorized representative with results of check;

8) to acquaint the head, other official or the authorized representative of the legal entity, the individual entrepreneur, his authorized representative, the citizen, his legal or authorized representative with the documents and (or) information received within interdepartmental information exchange;

To consider 9) in case of determination of the measures taken on the facts of the revealed violations, compliance of the specified measures of weight of violations, their potential danger for life, human health for the animals, plants, the environment, the objects of cultural heritage (historical and cultural monuments) of the people of the Russian Federation, museum objects and museum collections included in structure of Museum fund of the Russian Federation, especially valuable, including unique, documents of Archive fund of the Russian Federation, documents having special historical, scientific, cultural value, being part of national library stock, safety of the state for emergence of emergency situations of natural and technogenic nature, and also not to allow unreasonable restriction of the rights and legitimate interests of citizens, including individual entrepreneurs, legal entities;

10) to prove justification of the actions in case of their appeal by legal entities, public authorities and local government bodies, individual entrepreneurs, citizens according to the procedure established by the legislation of the Russian Federation;

11) to observe terms of conducting check;

12) not to demand from the legal entity, public authority, local government body, the individual entrepreneur, the citizen documents and other data which submission is not stipulated by the legislation the Russian Federation;

13) before conducting exit check at the request of the head, other official or the authorized representative of the legal entity, public authority, local government body, the individual entrepreneur, the citizen, their authorized representatives to acquaint with provisions of Administrative regulations;

14) to perform record about performed concerning the legal entity, the individual entrepreneur in register of checks in case of its availability at the legal entity, the individual entrepreneur or in case of absence at the legal entity, the individual entrepreneur of register of checks to make the corresponding entry in the inspection statement;

To request from 15) within interdepartmental information exchange the documents and (or) information included in the list of the documents and (or) information requested and received within interdepartmental information exchange by state control (supervision) bodies, bodies of municipal control under the organization and conducting checks from other state bodies, local government bodies or subordinated to state bodies or local government bodies of the organizations at which disposal these documents and (or) information, No. 724-r <2> approved by the order of the Government of the Russian Federation of April 19, 2016 are (further - the List of the documents and information requested and received within interdepartmental information exchange) other state bodies, local government bodies or subordinated to state bodies or local government bodies of the organizations at which disposal the specified documents are.

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