ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of January 27, 2022 No. 59

About approval of the Regulations on indemnification in case of quality degradation of lands, restriction of the rights of owners of the parcels of land, land users, land owners and lessees of the parcels of land, and also owners of the real estate objects located on the parcels of land and about recognition voided some acts of the Government of the Russian Federation

According to Item 12 of Article 39. Item 5 of Article 57, Article 57.1 and Item 10 of Article 107 of the Land code of the Russian Federation the Government of the Russian Federation decides 46,:

1. Approve the enclosed Regulations on indemnification in case of quality degradation of lands, restriction of the rights of owners of the parcels of land, land users, land owners and lessees of the parcels of land, and also owners of the real estate objects located on the parcels of land.

2. Recognize to invalid:

the order of the Government of the Russian Federation of May 7, 2003 No. 262 "About approval of Rules of compensation to owners of the parcels of land, land users, land owners and lessees of the parcels of land of the losses caused by withdrawal or temporary occupation of the parcels of land, restriction of the rights of owners of the parcels of land, land users, land owners and lessees of the parcels of land or quality degradation of lands as a result of activities of other persons" (The Russian Federation Code, 2003, No. 19, the Art. 1843);

the order of the Government of the Russian Federation of March 31, 2015 No. 299 "About modification of the order of the Government of the Russian Federation of May 7, 2003 No. 262 and recognition No. 294 which voided orders of the Government of the Russian Federation of April 3, 2013" (The Russian Federation Code, 2015, No. 14, the Art. 2140).

Approved by the Order of the Government of the Russian Federation of January 27, 2022 No. 59

Regulations on indemnification in case of quality degradation of lands, restriction of the rights of owners of the parcels of land, land users, land owners and lessees of the parcels of land, and also owners of the real estate objects located on the parcels of land

I. General provisions

1. This Provision establishes:

a) procedure for determination of structure and the size of the losses provided by Chapter VIII of the Land code of the Russian Federation;

b) procedure for agreement signature about indemnification and conditions of such agreement;

c) procedure for agreement signature about the redemption of the parcel of land and (or) other real estate unit in connection with impossibility of their use according to earlier established permitted use as a result of establishment or change of zone with special conditions of use of the territory;

d) procedure for indemnification, provided by Chapter VIII of the Land code of the Russian Federation;

e) procedure for provision of compensation for the termination of the rights to the parcel of land in connection with impossibility of its use according to earlier established permitted use as a result of establishment or change of zone with special conditions of use of the territory;

e) cases and rules of accounting of payment for the public servitude in case of indemnification, caused in connection with establishment or change of zone with special conditions of use of the territory as a result of implementation of activities for which ensuring the public servitude is established.

2. This Provision does not extend to indemnification cases according to the order of the Government of the Russian Federation of December 29, 2018 No. 1730 "About approval of features of the indemnification caused to the woods and natural objects which are in them owing to violation of the forest legislation".

Determination of the amount of compensation in case of the redemption of the parcels of land and the real estate units located on them, and also compensations for the termination of the rights to the parcels of land is performed according to the procedure, established by the Land code of the Russian Federation.

II. Determination of structure and the size of the losses provided by Chapter VIII of the Land code of the Russian Federation

1. Determination of structure of losses

3. The structure of losses is determined proceeding from need of full recovery of losses to person whose right is violated.

4. Join in structure of the losses caused by quality degradation of lands as a result of activities of other persons:

a) the losses determined proceeding from the cost of preparation of the project of recultivation of lands and its carrying out (including expenses on soil, geobotanical and other inspections, disinfecting of lands, cost of works on equalization of lands, acquisition of the soil, introduction of agrochemicals and other fertilizers, acquisition and introduction of seeds for biological recultivation and other actions connected with recultivation of lands);

b) losses in the amount of market value of the parcel of land and the buildings located on it, constructions which are in them rooms, object of construction in progress - in case of need preservation of such parcel of land;

c) the losses caused by reduction of market value of the parcel of land in case of impossibility of complete recovery of useful properties of the soil including by recultivation;

d) the losses caused by break in economic activity for the period of implementation of recultivation of lands;

e) the losses arising in connection with agreement cancelation in connection with impossibility of their execution if quality degradation of lands as a result of activities of other persons was the reason of their termination;

e) the losses in the form of lost profit caused by impossibility of implementation by the owner of the parcel of land of the activities in connection with quality degradation of lands as a result of activities of other persons;

g) the losses connected with expenses on preparation of the project of land reclamation and its carrying out;

h) other losses caused by quality degradation of lands as a result of activities of other persons.

5. Join in structure of the losses caused by restriction of the rights of owners of the parcels of land, land users, land owners, lessees of the parcels of land, and also owners of real estate units or other reasons specified in Chapter VIII and Article 107 of the Land code of the Russian Federation:

a) the losses connected with reduction of market value of the parcels of land and (or) other real estate units (the rights to them);

b) the losses caused by the expenses connected with reduction of economic activity on the parcel of land in compliance with the restrictions of use of the parcels of land which arose in connection with establishment of zone with special conditions of use of the territory or change of legal regime of the parcel of land;

c) the losses arising in connection with agreement cancelation because of impossibility of their execution because of restriction of the rights or approach of other reasons which entailed emergence of the losses including which entailed impossibility of performance of obligations to the third parties;

d) the losses caused by expenses on engineering researches, designing, preparation and implementation of construction which are begun about day of restriction of the rights or approach of other reasons which entailed emergence of losses if placement of the respective building, the construction is not allowed in connection with such restrictions of the rights or other reasons which entailed emergence of losses;

e) the money paid as indemnification for inseparable improvements, including plantings which were damaged or became otherwise unavailable to use by the owner of the parcel of land;

e) the losses caused as a result of the activities performed in connection with restriction of the rights, connected including with damage of property (including owing to accident or in connection with prevention of accident);

g) the losses caused by the expenses connected with renewal of the activities interrupted in connection with approach of restriction of the rights or other reasons which entailed emergence of losses if the parcel of land and other real estate unit (in case of its availability) cannot be used according to the established permitted use and appointment (the specified expenses are not considered in the presence of not eliminated violations revealed within the state land supervision and connected with non-use of the parcel of land on purpose or use with violation of the law of the Russian Federation);

h) the losses in the form of lost profit caused by impossibility of implementation by the owner of the parcel of land of the activities in connection with approach of the reasons which entailed emergence of losses;

i) the losses caused by the expenses connected with reduction of parameters and (or) the permitted use (appointment) of buildings, constructions, objects of construction in progress in compliance with established in zone borders with special conditions of use of the territory, restrictions of use of the parcels of land;

j) the money paid as indemnification, connected with reconstruction which was begun by rules, stipulated by the legislation about town-planning activities about day of approach of restriction of the rights or other reason which entailed emergence of the losses, and also the means paid as indemnification, connected with carrying out the capital repairs begun about day of approach of the reasons which entailed emergence of losses which cannot be complete in connection with restriction of the rights or approach of other reason which entailed emergence of losses or in connection with change of conditions of completion of construction of facilities of construction in progress;

k) the losses connected with expenses on implementation of demolition of buildings, constructions, objects of construction in progress which are determined taking into account market value of the demolished buildings, constructions, objects of construction in progress (including the expenses connected with preparation of the project of the organization of works on asset demolition and expenses on work on demolition);

l) losses which the user of premises incurs in connection with change of the place of residence temporary use by other premises before acquisition in property of other premises (if preserving right to use by premises before acquisition is not provided in property of other premises by the agreement signed with the owner of premises), moving, search of other premises for acquisition of property right to it, registration of the rights to other premises, early termination of the obligations connected with use of premises to the third parties, including losses in the form of lost profit;

m) other losses caused by the restriction of the rights or other reasons which entailed emergence of losses.

2. Determination of the size of losses

6. The size of losses is determined by addition of the extent of the actual damage suffered by the owner of the parcel of land and (or) the real estate unit, and the size of lost profit of this person.

7. Determination of the size of losses is performed taking into account requirements of the Federal Law "About Estimative Activities in the Russian Federation" by persons specified in Item 3 of Article 57, Item 8 of Article 57.1 of the Land code of the Russian Federation, or persons involved by them concerning objects of the civil laws, the rights of requirements and obligations. The features of determination of the amount of compensation established by Articles 56 are applied to determination of the size of losses. 8, 57.1 and 107 Land codes of the Russian Federation.

If determination of losses is possible based on agreements, accounting records, results of the examinations and other documents confirming losses, determination of the size of losses is performed based on such documents without carrying out market assessment.

Provisions of paragraph two of this Item do not extend to cases of determination of the losses connected with reduction of market value of the parcel of land and (or) real estate units, the termination of the rights to the parcel of land and (or) real estate units in the presence of dispute on the cost of the parcel of land and (or) real estate units or the rights to them.

8. In case of determination of the size of losses are considered:

a) the established types of the permitted use of the parcel of land and (or) the building, construction for the day preceding day of approach of the reason which entailed emergence of losses;

b) the restrictions of the rights and encumbrance of real estate existing before the reason which entailed emergence of losses;

c) the usual conditions of the market determining profitability of use of the parcel of land and (or) other real estate units;

d) impossibility of implementation of all types of activity on the parcel of land provided by its permitted use owing to approach of the reason which entailed emergence of losses.

9. In case of determination of the extent of the actual damage the total expenses necessary for recovery of the violated right of person to which losses are caused are considered.

10. The extent of the actual damage which is caused to owners of the parcels of land by early termination of obligations to the third parties in connection with approach of the reasons which entailed emergence of losses is determined by addition of expense amounts which incurred or owners of the parcels of land according to the responsibility to the third parties established by the law and (or) the agreement arising in connection with early termination of obligations, including the expenses connected with work, terms of the contract, expenses, necessary for realization, on payment to the third parties of penalties, penalties, penalty fee, interest for using others money and also losses of sums of earnest money shall incur.

11. For the purpose of this provision for calculation of the actual damage the income is determined as difference between the size of the money received from use of the parcel of land and (or) real estate units and the size of the costs necessary for receipt of money from use of such parcel of land and (or) real estate units.

12. In case of determination of the size of lost profit the income which is determined according to Item 13 of this provision and which the owner of the parcel of land and (or) real estate units could receive in case of usual conditions of civil circulation if its right was not violated, per the reasonable time necessary for recovery of the violated right are determined uncollected by the owner of the parcel of land and (or) real estate units.

When calculating the size of lost profit readiness of the parcel of land and (or) the real estate unit located on it for use according to the permitted use for the purpose of income acquisition and availability of other conditions of receipt of such income, and also requirement of rules of land use and building and restrictions of the rights set on the date of approach of the reason which entailed emergence of losses are considered.

13. For the purpose of this provision for calculation of lost profit the uncollected income is determined as difference between the income of the owner of the parcel of land and (or) the real estate unit from use of such parcel of land and (or) the real estate unit before the reason which entailed emergence of losses and the income after approach of the reason which entailed emergence of losses including difference between the income which he could receive from use of property before approach of the reason which entailed emergence of losses.

14. The size of lost profit is determined in the form of the provided uncollected income on the date of recovery of the violated right by refunding rate of the Central bank of the Russian Federation operating on the date of approach of the reason which entailed emergence of losses.

15. The size of losses is determined taking into account the following features:

a) when calculating the amount of compensation to public legal entities the losses connected with change of market value of the lands and (or) the parcels of land which are in the state-owned or municipal property in connection with establishment of zone with special conditions of use of the territory are not considered;

b) in case of demolition of the building, construction, object of construction in progress in connection with their stay in zone borders with special conditions of use of the territory on which the decision on demolition of unauthorized construction or its reduction in compliance with the established requirements only for the basis of their discrepancy to mandatory requirements to the number of floors and (or) height of object, or reduction of parameters such buildings is made of construction, object of construction in progress and (or) their permitted use (appointment) in compliance with the restrictions of use of the parcels of land set in zone borders with special conditions of use of the territory, when calculating the size of indemnification, specified in subitems "i" - "l" of Item 5 of this provision, losses are determined proceeding from parameters of buildings, constructions conforming to the established requirements, including requirements of construction licenses;

c) when calculating the size of indemnification, caused to citizens - to employers of premises under agreements of social hiring or employment contracts of premises of the state or municipal housing stock in apartment houses, such losses are determined proceeding from the expenses connected with change of the place of residence of specified persons and their moving.

16. The losses provided by items 4 and the 5th this provision concerning each reason which entailed emergence of losses are compensated once.

17. In the presence of the right of common ownership or the right of lease on the party of the lessee concerning the parcel of land and (or) the real estate unit the size of losses to each of participants of equity property or lessees is calculated with plurality of persons in proportion to their share in the property right to the parcel of land and (or) the real estate unit, the amount of agreement obligation of lease of the parcel of land and (or) other real estate.

18. If losses arise concerning part of the parcel of land, opportunity to continue use of the parcel of land in general according to its permitted use is considered.

19. In case of determination of the size of the losses caused to the owner of the parcel of land and (or) the real estate unit using them based on the agreement it is necessary to consider the term which remained about day of its termination and the right of this person to renewal or the conclusion of the contract for new term.

20. For recoveries of the violated right, including for expense determination, connected with the organization of the activities interrupted in connection with causing losses for the purposes of this Section reasonable time during which owners of the parcel of land will be able to reach former conditions of use of the parcel of land and (or) other real estate - types, the sizes and time of income acquisition is considered.

Provisions of this Item are applied in case of renewal on the used or other parcel of land of the activities interrupted in connection with causing losses or in case of cancellation of restrictions.

21. Reduction of market value of the parcel of land or the real estate unit (market value of the rights to them) is determined as difference between market value of the parcel of land or the real estate unit for the day preceding day of approach of the reason which entailed emergence of losses and their market value taking into account the come reasons.

22. The cost of plantings, other inseparable improvements of the parcel of land which were damaged or became otherwise unavailable to economic use by the owner of the parcel of land is considered in case of determination of reduction of its market value if losses are caused to the owner of the parcel of land, or as separate type of losses if losses are caused to other owner of the parcel of land.

23. The cost of the plantings specified in Item 22 this provision is calculated:

a) proceeding from average cost ripe, that is ready to cleaning, one-year plantings, less expenses on their cleaning. The specified cost is determined as the cost of harvest of the corresponding type, average for the last 3 years, and grades of one-year plantings which developed in the subject of the Russian Federation in the location of the site;

b) proceeding from the average cost of ripe long-term plantings or the wood received from them which developed in the subject of the Russian Federation in the location of the site less expenses on their cabin and export to the next settlement. The cost of plantings is not considered if the wood received from their cutting down is not property of the owner of the parcel of land;

c) proceeding from average cost of seedling (saplings) of the corresponding grades, pesticides, agrochemicals and other fertilizers, the necessary agricultural, forestry and landscape and meliorative works which are carried out before complete ripeness of long-term crops and plantings, and also the cost of cultivation of berry-pickers, vineyards, hop gardens, tea plantations or orchards prior to fructification, but at least 5 years from the date of their bookmark, including cost of agricultural works, necessary and regular for their cultivation (depreciation of agricultural machinery, payment of fuels and lubricants, compensation of agricultural workers) and the cost of the pesticides, agrochemicals and other fertilizers applied to their cultivation.

24. The cost of one-year crops is not considered as a part of the actual damage if non-use of the corresponding parcels of land for the purpose of cultivation of such crops for at least than one year on the date of causing losses is confirmed by documents of the state land supervision.

III. Agreement signature about indemnification and conditions of such agreement

25. The agreement on indemnification is signed in writing or in electronic form.

The agreement on indemnification signed in electronic form shall be signed by the strengthened qualified digital signature.

26. The agreement on indemnification shall contain:

a) data on agreement parties:

the complete and reduced names, form of business, the location - for the legal entity;

surname, name, middle name (the last - in the presence), the residence, details of the identity document, - for physical person and the individual entrepreneur;

b) cadastral numbers of the parcels of land and (or) the real estate unit concerning which there are losses;

c) data on the rights to the parcels of land and (or) the real estate unit concerning which losses are caused;

d) the reason owing to which there were losses;

e) structure and the size of the caused losses in terms of money;

e) form, the size and procedure for provision of indemnification (one-timely or several payments), including the term of provision of such compensation, and in case of natural indemnification - the list of property, the works providing indemnification, and their market value, procedure for provision of natural compensation;

g) bank details for transfer of the money received on account of indemnification.

27. In case of need demolition of the building, construction, object of construction in progress, reduction of their parameters and (or) the permitted use (appointment) in compliance with the restrictions of use of the parcels of land set in zone borders with special conditions of use of the territory, the agreement on indemnification in addition to data, stipulated in Item the 26th this provision also shall contain:

a) specifying on need of demolition of the building or construction or implementation of its reconstruction for the purpose of reduction of their parameters and (or) the permitted use in compliance with the restrictions of use of the parcels of land set in zone borders with special conditions of use of the territory (in the presence of such object), and the term of holding these actions;

b) calculation of losses for each stage of demolition of the building or construction or its reconstruction (preparation of the project documentation, implementation of works on demolition or reconstruction of the building or construction);

c) procedure for cost recovery of the works specified in the subitem "an" of this Item, and project cost of the organization of works on asset demolition of capital construction or the project documentation reconstruction of the building or construction if such documentation on the date of agreement signature is absent.

28. The agreement on indemnification is signed in connection with the indemnification requirement imposed by the owner of the real estate or his representative by the direction of such requirement in the document form on paper the mailing with the assurance of receipt or in electronic form to the official e-mail address of person paying damages.

Person paying damages, to the owner having also the right to suggest interested to sign the agreement on indemnification without preliminary presentation by this person of indemnification requirement, having sent it 2 signed copies of the draft agreement in the document form on paper the mailing with the assurance of receipt.

29. The indemnification requirement shall contain:

a) surname, name and middle name (the last - in the presence), the residence of the applicant, details of the identity document of the citizen imposing the relevant requirement;

b) the name and the location of the legal entity imposing the relevant requirement, and also the state registration number of record about state registration of the legal entity in the Unified State Register of Legal Entities and identification taxpayer number, except as specified, if applicant is the foreign legal entity, and also surname, name and middle name (the last - in the presence) citizen, the acting for the benefit of legal entity;

c) data on the rights to the parcel of land and (or) the real estate unit concerning which losses are caused;

d) cadastral number of the real estate unit (in the presence) concerning which there are losses;

e) the description of the actions, decisions or events which were the reason of losses and date of their approach;

e) size of losses;

g) expected terms of transition or termination of the rights to real estate, demolition of buildings, constructions (if necessary);

h) compensation form (cash and (or) natural);

i) bank details of the owner of the real estate (in case of compensation choice in cash);

j) type and the description of the real estate provided instead of real estate, the rights to which are subject to the termination, or the description of other natural compensation (implementation of recultivation and (or) land reclamation, the device of roads, laying of long-term plantings, reconstruction of buildings or constructions, rescue and recovery operations, etc.) if compensation is fully or partially supposed to be provided in natural form;

k) specifying on method of communication with the owner of the real estate (the postal address, phone number, the e-mail address).

30. Are applied to indemnification requirement:

a) copies of the documents confirming the personality of person which imposed requirement, and its rights to the parcel of land and (or) the real estate unit;

b) the document confirming powers of the representative of the owner of the real estate if requirement is imposed by the representative of the owner of the real estate;

c) other documents necessary for determination of terms of agreement, the valuation report confirming the size of losses prepared according to the Federal Law "About Estimative Activities in the Russian Federation" concerning objects of the civil laws, the rights of requirements, obligations, the project of the organization of works on asset demolition of capital construction which are submitted only at the request of the owner of the real estate.

31. In time, not exceeding 60 calendar days from the date of receipt of indemnification requirement, person paying damages:

a) sends to the owner of the real estate of 2 signed copies of the draft agreement on indemnification which conditions conform to indemnification requirement or which is prepared on other conditions, including concerning the size of losses. The documents necessary for determination of terms of agreement, including the valuation report confirming the size of losses shall be attached to the draft agreement on indemnification if the specified documents were not submitted together with the relevant requirement;

b) sends to the owner of the real estate the notification on refusal in agreement signature about indemnification with indication of causes of failure.

32. The notification on refusal in agreement signature about indemnification can be sent to the owner of the real estate in the following cases:

a) the indemnification requirement does not contain the data and documents provided by Items 29 and 30 of this provision necessary for agreement signature;

b) the term of submission of demand about indemnification provided by Items 11 and 13 of Article 57.1 of the Land code of the Russian Federation is passed;

c) losses did not arise or are already compensated according to other agreement;

d) person which directed indemnification requirement is not owner of the real estate unit, his representative or the specified requirement is sent to the person who is not person paying damages.

33. The documents specified in Item 30 of this provision go to the owner of the real estate in the document form on paper the mailing with the assurance of receipt, except as specified, if by the owner of the real estate in indemnification requirement it is specified possibility of agreement signature in the form of the electronic document which is in that case sent to the e-mail address specified in this requirement.

34. The documents specified in the subitem "an" of Item of 31 this provision if such documents are directed on paper, are considered delivered to the owner of the real estate:

a) in day of delivery to the owner of the real estate of the registered mail with the assurance of receipt to the postal address which is specified to them as the postal address for communication with it or (in the absence of such address in indemnification requirement) to the address to which communication is performed and which contains in the Single state real estate register (in case of its availability);

b) in day of return to the sender of documents according to the Federal Law "About Mail Service" of this Item of the registered mail specified in the subitem "a";

c) in day of delivery to the owner of the real estate (his representative who directed the relevant requirement) of documents person paying damages, personally on receipt.

35. The documents specified in Item 30 of this provision, directed in electronic form are considered delivered to the owner of the real estate from the date of sending to it such documents to the e-mail address specified in indemnification requirement.

36. If after 60 calendar days from the date of receipt of documents by the owner of the real estate according to Items 34 or 35 of this provision the agreement on indemnification is not signed, including taking into account proposals of the owner of the real estate on change of terms of this agreement, the disputes including connected with conditions of such agreement are considered by court.

IV. Agreement signature about the redemption of the parcel of land and (or) other real estate unit in connection with impossibility of their use according to earlier established permitted use as a result of establishment or change of zone with special conditions of use of the territory

37. The agreement on the redemption of the parcel of land and (or) other real estate unit consists in cases if in connection with establishment or change of zone with special conditions of use of the territory use of the parcel of land is impossible (the buildings located on the parcel of land, constructions, objects of construction in progress) according to the type of its permitted use containing in the Single state real estate register, and in case of absence in the Single state real estate register of data on type of the permitted use of the specified parcel of land - proceeding from the purpose of provision of such parcel of land specified in the document confirming the right to such parcel of land or in case of lack of the specified document - proceeding from the permitted use corresponding to purpose of real estate units.

38. The agreement on the redemption of the parcel of land and (or) other real estate unit consists in the relation of the parcel of land and (or) other real estate unit the owner of this parcel of land and (or) other real estate unit.

Along with the agreement on the redemption of the parcel of land and (or) other real estate unit the agreement on provision of compensation for the termination of the rights to the parcel of land if on the parcel of land used on the right of permanent (termless) use, right of lifetime inheritable possession, the right of lease or free use the real estate object which is in property of the land user, land owner or lessee of the parcel of land is located is signed.

39. The agreement on the redemption of the parcel of land and (or) other real estate unit consists in writing or in electronic form.

The agreement on the redemption of the parcel of land and (or) other real estate unit signed in electronic form shall be signed by the strengthened qualified digital signature.

40. The agreement on the redemption of the parcel of land and (or) other real estate unit shall contain the data specified in Item 26 of this provision and also:

a) data on real estate in the amount which is required for the description of the subject of the agreement of purchase and sale of real estate;

b) buyback price of real estate;

c) term of the conveyance of real property.

41. The agreement on the redemption of the parcel of land and (or) other real estate unit consists in connection with the requirement about the redemption of the parcel of land and (or) other real estate unit shown by the owner of the real estate or his representative by its direction in the document form on paper the mailing with the assurance of receipt or in electronic form to the official e-mail address of person paying damages.

Person paying damages, to the owner having also the right to suggest interested to sign the agreement on the redemption of the parcel of land and (or) other real estate unit without preliminary presentation by this person of indemnification requirement, having sent it 2 signed copies of the draft agreement in the document form on paper the mailing with the assurance of receipt.

42. Agreement signature about the redemption of the parcel of land and (or) other real estate unit is performed according to the procedure, established by Items 29 - the 36th this provision taking into account the features provided by Items 43 and 44 of this provision.

43. The requirement about the redemption of the parcel of land and (or) other real estate unit in addition to the data specified in the subitem "e" of Item 29 of this provision shall contain specifying on property value, subject to the redemption.

44. The notification on refusal in agreement signature about the redemption of the parcel of land and (or) other real estate unit goes to the owner of the real estate including if the requirement about the redemption of the parcel of land and (or) other real estate unit does not contain data, stipulated in Item 43 this provision.

V. Indemnification, provided by Chapter VIII of the Land code of the Russian Federation

45. Indemnification is performed based on the judgment or the agreement:

a) about the redemption of the parcel of land and (or) other real estate unit;

b) about provision of compensation for the termination of the rights to the parcel of land;

c) about indemnification.

46. Indemnification is performed by persons specified in Chapter VIII of the Land code of the Russian Federation.

47. Indemnification is performed based on one of the agreements specified in Item 45 of this provision, in cash and (or) natural forms which are determined by agreement of the parties.

48. Indemnification for the same reasons which entailed emergence of losses based on several agreements, stipulated in Item the 45th this provision, except for the case provided by the paragraph the second Item 38 of this provision is not allowed.

49. If losses are caused by several persons, the agreements specified in Item 45 of this provision consist with each of such persons, except for the case specified in the paragraph the second this Item.

If losses are caused in connection with establishment or change of zone with special conditions of use of the territory (on condition of crossing of zones with special conditions of use of the territory of different types), the agreements specified in Item 45 of this provision consist with that from persons paying damages in connection with which activities the decision on establishment or change of zone with special conditions of use of the territory providing the most strict restrictions of use of the parcels of land is made.

50. In the cases provided by this Item, indemnification is performed taking into account the following features:

a) the losses which arose in connection with restriction of the rights as a result of establishment of protective zones of objects of cultural heritage are determined proceeding from the expenses incurred by person connected with the planned construction, reconstruction of buildings, constructions on the parcel of land including if the specified losses are caused during existence of protective zones of objects of cultural heritage. Other losses, stipulated in Item the 5th this provision, are compensated from the date of establishment of zones of protection of objects of cultural heritage, but not later than in 2 years from the date of establishment of protective zones of objects of cultural heritage;

b) the losses connected with the planned construction, reconstruction of buildings, constructions on the parcel of land and the permissions for construction of capital construction project caused during action in connection with which placement the zone with special conditions of use of the territory is established or changed are compensated from the date of establishment or change of such zone. Other losses, stipulated in Item the 5th this provision, are compensated after one year from the date of introduction of capital construction project in operation or from the date of change of zone with special conditions of use of the territory if the decision on such change is made before the expiration of the specified term.

51. Cancellation of circumstances which were the basis for the conclusion of the agreements specified in Item 45 of this provision is not the basis for change of conditions of such agreement in its performed part.

52. When the parcel of land was provided with the set restrictions of land rights or encumbrances of the parcel of land, indemnification in connection with availability of such restrictions of the rights or encumbrances of the parcel of land according to the procedure, provided by this Provision, is not performed, except as specified, established by the Federal Laws.

53. Owners of the parcels of land and (or) real estate units perfrom independently calculation with the third parties in connection with impossibility of performance of the obligations to them based including on the agreements signed with such persons, in connection with approach of the reasons which entailed emergence of losses.

VI. Provision of compensation for the termination of the rights to the parcel of land in connection with impossibility of its use according to earlier established permitted use as a result of establishment or change of zone with special conditions of use of the territory

54. Compensation for the termination of the rights to the parcel of land is performed based on the judgment or the agreement on provision of compensation for the termination of the rights to the parcel of land.

55. The agreement on provision of compensation for the termination of the rights to the parcel of land is signed concerning the parcel of land used on the right of permanent (termless) use, right of lifetime inheritable possession, the right of lease or free use by the land owner, land user or lessee of this site.

56. The agreement on provision of compensation for the termination of the rights to the parcel of land, in addition to data, stipulated in Item the 26th this provision, shall contain:

a) information on the rights to real estate object which are subject to the termination;

b) the obligation of person paying damages to direct the copy of the signed agreement on provision of compensation for the termination of the rights to the parcel of land and the documents confirming its execution in executive the public authority or local government body authorized in accordance with the legislation of the Russian Federation on provision of the parcels of land and (or) on the order by the state-owned and municipal property, except as specified, if person paying damages is such body.

57. Agreement signature about provision of compensation for the termination of the rights to the parcel of land is performed in connection with the requirement about compensation for the termination of the rights to the parcel of land according to the procedure established by Items 29 - the 36th this provision taking into account the features provided by Items 58, 59 and 61 this provision.

58. The requirement about compensation for the termination of the rights to the parcel of land in addition to the data specified in the subitem "e" of Item 29 of this provision shall contain specifying on value of the rights, subject to the termination.

59. The notification on refusal in agreement signature about provision of compensation for the termination of the rights to the parcel of land goes to the owner of the real estate including if the requirement about compensation for the termination of the rights to the parcel of land does not contain data, stipulated in Item the 58th this provision.

60. Compensation for the termination of the rights is performed according to the procedure, established by Items 46 - 53 this provision.

61. Within 10 working days from the date of receipt in authorized executive body of the government or local government body of the signed agreement on provision of compensation for the termination of the rights to the parcel of land authorized executive the public authority or local government body makes the decision on the termination of the right of permanent (termless) use, right of lifetime inheritable possession of the parcel of land or sends to the owner of the parcel of land the notification on early termination of the lease agreement of the parcel of land, the agreement of free use by the parcel of land.

VII. Cases and rules of accounting of payment for the public servitude in case of indemnification, caused in connection with establishment, change of zone with special conditions of use of the territory as a result of implementation of activities for which ensuring the public servitude is established

62. In case of establishment of the servitude the losses caused to the owner of the parcel of land as a result of the activities performed by the owner of the servitude are determined according to this Provision.

63. The size of the losses caused in connection with establishment of zones with special conditions of use of the territory decreases by the amount of the payment for the public servitude paid to the owner of the parcel of land concerning part of the parcel of land which is at the same time encumbered with the public servitude and zone with special conditions of use of the territory established in connection with placement of construction on the terms of the public servitude.

At the same time losses, stipulated in Item the 10th Article 39.46 of the Land code of the Russian Federation, in case of their origin are compensated separately.

 

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info