FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 31, 2014 No. 499-FZ

About modification of the Land code of the Russian Federation and separate legal acts of the Russian Federation

Accepted by the State Duma on December 19, 2014

Approved by the Federation Council on December 25, 2014

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) following changes:

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

"owners of the parcels of land are owners of the parcels of land, land users, land owners and lessees of the parcels of land.";

2) in Item 1 of Article 9:

a) in subitem 4 of the word ", including by the redemption," shall be replaced with words seizures of land "compulsory acquisition of the parcels of land (seizure of land)";

b) in subitem 5 of the word", including by the redemption," to exclude;

3) in Item 1 of Article 10 of the word", including by the redemption, lands" shall be replaced with words "parcels of land";

", including by the redemption," to exclude 4) in Item 1 of Article 11 of the word;

5) in Article 11.2:

a) state item 4 in the following edition:

"4. Formation of the parcels of land is allowed in the presence of in writing consent of land users, land owners, lessees, pawnbrokers of the initial parcels of land. Such consent is not required in the following cases:

1) formation of the parcels of land from the parcels of land which are in the state-owned or municipal property and provided state or to municipal unitary enterprises, the public or local government offices;

2) formation of the parcels of land based on the judgment providing the Section, consolidation, redistribution or apportionment of the parcels of land without fail;

3) formation of the parcels of land in connection with their withdrawal for the state or municipal needs.";

b) declare Item 6 invalid;

Paragraph one of Item 7 of Article 23 to declare 6) invalid;

Shall be replaced with words 7) in Article 44 of the word "owing to forced withdrawal at the owner of its parcel of land according to the procedure, established by the civil legislation" "on other bases provided by the civil and land legislation";

8) in Article 45:

a) add Item 1 with the words "and on other bases established by the civil and land legislation";

b) in Item 2:

in subitem 2 of the word "article 55 of this Code" shall be replaced with words "this Code";

declare subitem 3 invalid;

Article 49 to state 9) in the following edition:

"Article 49. Reasons of seizure of land for the state or municipal needs

Seizure of land for the state or municipal needs is performed in exceptional cases on the bases connected with:

1) accomplishment of international treaties of the Russian Federation;

2) construction, reconstruction of the following objects of the state value (objects of federal importance, objects of regional value) or objects of local value in the absence of other possible options of construction, reconstruction of these objects:

objects of federal power systems and objects of power systems of regional value;

subjects to use of atomic energy;

subjects to defense of the country and safety of the state, including the technical constructions, communication lines and communications built for the benefit of protection and protection of Frontier of the Russian Federation;

objects of federal transport, objects of communication of federal importance, and also transport objects, objects of communication of regional value, infrastructure facilities of rail transport public;

the objects providing space activities;

the linear objects of federal and regional importance providing activities of subjects of natural monopolies;

objects of systems electro-, gas supply, objects of systems of heat supply, objects of centralized systems of hot water supply, cold water supply and (or) water disposal of federal, regional or local importance;

highways of federal, regional or intermunicipal, local importance;

3) other bases provided by the Federal Laws.";

", including by the redemption," to exclude 10) in Item 2 of Article 51 of the word, "Article 55" shall be replaced with words words "Chapter VII.1";

11) Article 55 to recognize invalid;

To add 12) with Chapter VII.1 of the following content:

"Chapter VII.1. Procedure for seizure of land for the state or municipal needs

Article 56.2. Organa, making decisions on seizure of land for the state or municipal needs

Seizure of land for the state or municipal needs is performed based on decisions:

1) authorized federal executive bodies - in case of seizure of land for the state needs of the Russian Federation (federal needs), including for placement of objects of federal importance. Authorized federal executive bodies make also decisions on seizure of land in connection with subsurface use implementation (except for the parcels of land necessary for conducting the works connected with use of subsoil plots of local value);

2) authorized executive bodies of the government of the subject of the Russian Federation - in case of seizure of land for the state needs of the subject of the Russian Federation (regional needs), including for placement of objects of regional value. Executive bodies of the government of the subject of the Russian Federation make also decisions on seizure of land, the works, necessary for maintaining, connected with use of subsoil plots of local value;

3) local government bodies - in case of seizure of land for municipal needs, including for placement of objects of local value.

Article 56.3. Conditions of seizure of land for the state or municipal needs

1. Seizure of land for the state or municipal needs for the purpose of construction, reconstruction of objects of federal importance, objects of regional value or objects of local value is allowed if the specified objects are provided by the approved documents of territorial planning and the approved site plannings of the territory.

2. Decision making about seizure of land for the state or municipal needs for the purpose of, not stipulated in Item 1 this Article, shall be proved:

1) the decision on creation or expansion of especially protected natural territory (in case of seizure of land for creation or expansion of especially protected natural territory);

2) the international treaty of the Russian Federation (in case of seizure of land for accomplishment of the international treaty);

3) the license to use subsoil (in case of seizure of land for work, connected with use of natural resources, including performed at the expense of means of the subsoil user);

4) the decision on recognition of the apartment house to the emergency and subject demolitions or reconstruction (in case of withdrawal of the parcel of land in connection with recognition of the apartment house located on such parcel of land to the emergency and subject demolitions or reconstruction).

3. The decision on seizure of land for the state or municipal needs for construction, reconstruction of objects of federal importance, objects of regional value or objects of local value can be accepted not later than within three years from the date of approval of the site planning of the territory providing placement of such objects.

4. Seizure of land for the state or municipal needs is performed according to decisions of authorized bodies of the executive authority or local government bodies, stipulated in Article 56.2 of this Code who are accepted both on their own initiative, and based on the petition for seizure of land for the state or municipal needs submitted the organization specified in Item 1 of Article 56.4 of this Code.

5. Seizure of land for the state or municipal needs as a result of which stop the right of permanent (termless) use, right of lifetime inheritable possession, the lease agreement of the parcel of land which is in the state-owned or municipal property or the right of free use of such parcel of land can be performed irrespective of pattern of ownership on such parcel of land.

6. Seizure of land, located in the territory of one subject of the Russian Federation, for the state needs of other subject of the Russian Federation is allowed if this withdrawal is performed for placement of the objects of regional value of such subject of the Russian Federation provided by documents of territorial planning of the subject of the Russian Federation in the territory of which such parcels of land are located.

7. If construction, reconstruction of objects of federal importance, objects of regional value or objects of local value, for construction which reconstruction for the state or municipal needs are withdrawn the parcels of land it is supposed to perform fully or partially at the expense of means of the organizations specified in Item 1 of Article 56.4 of this Code, withdrawal of such parcels of land is performed according to the petition of the specified organizations.

8. Withdrawal for the state or municipal needs of the parcels of land provided to the federal state budgetary institutions exercising control of especially protected natural territories of federal importance, except as specified, provided by the Federal Laws is forbidden.

Article 56.4. The petition for withdrawal of the parcel of land for the state or municipal needs

1. The decision on seizure of land for the state or municipal needs can be accepted based on petitions for seizure of land for the state or municipal needs (further also - the petition for withdrawal) with which in authorized bodies of the executive authority or local government bodies, stipulated in Article 56.2 of this Code, the organizations having the right to address:

1) being subjects of natural monopolies, in case of seizure of land for the placement of objects of federal importance or objects of regional value specified in article 49 of this Code and providing activities of these subjects;

2) representatives according to the regulatory legal acts of the Russian Federation, subjects of the Russian Federation concluded with public authorities or local government bodies contracts or agreements or the having permissions (licenses) to perform activities for which ensuring according to article 49 of this Code withdrawal of the parcel of land for the state or municipal needs is performed;

3) being subsoil users, in case of seizure of land for work, the subsoil users connected with use of natural resources, including performed at the expense of means.

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