Федеральная служба по ветеринарному и фитосанитарному надзору (Россельхознадзор)
Land legal relations

Land legal relations

The top-priority areas currently being developed in the land department include the following:

issuance of conclusions on quality and sanitary condition of land plot soils. 

Required documents:


The test result analysis and agrochemical assessment of the fertility condition of land plot soil are carried out in accordance with the current regulations of the Russian Federation. The development and issuance of conclusions on quality and sanitary condition of land plot soils are carried out in order to determine the real condition of the land plot by summarizing the available data and information obtained based on additional studies.


Legislation:

In accordance with Article 8 of Federal Law No. 101-FZ of 16 July 1998 On State regulation of ensuring fertility of agricultural land, the owners, proprietors, users, including land lease holders shall comply with standards, norms, guidelines, rules and regulations for agrotechnical, agrochemical, reclamation, phytosanitary and anti-erosion control measures.



Conducting an examination due to overgrowth of land plots with trees, shrubs and weedy herbaceous vegetation.

Required documents:


Legislation
.

Land Code of the Russian Federation Article 13 p.3

In order to protect land,
the land proprietors, land users, land owners and land lease holders shall take measures to protect agricultural lands from overgrowth with trees and shrubs, weeds, and to preserve the achieved level of land reclamation.

Non-use of an agricultural land plot, the turnover of which is regulated by Federal Law No. 101-FZ of 24 July 2002 On the turnover of agricultural lands.

In accordance with Article 6, paragraph 4, an agricultural land plot may be forcibly withdrawn from its owner in judicial order if, within three or more consecutive years from the date the owner acquired the land plot, the latter was not used for agricultural production or other activities associated with agricultural production. Signs of land plot non-use are stated by the Government of the Russian Federation taking into account the peculiarities of agricultural production or other activities related to agricultural production in the Subjects of the Russian Federation.

 

working out recommendations for the implementation of measures aimed at the reproduction of agricultural land fertility 

Required documents:

Legislation

The development of recommendations is carried out in accordance with:

the Land Code of the Russian Federation, Article 13, paragraph 2.2. In order to protect land, the land owners, land users, land proprietors and lease holders of land plots shall implement measures to reproduce the agricultural land fertility;

 
According to Federal Law No. 101-FZ of 16 July 1998 On State regulation of ensuring fertility of agricultural lands, the owners, proprietors, users, including lease holders of land plots have the right to carry out agrotechnical, agrochemical, meliorative, phytosanitary and anti-erosion measures to reproduce the fertility of agricultural lands.

 

development of land plot fertility passports 

Indicators of soil test, as well as agrochemical and ecological-toxicological tests of land plot soils and recommendations for the reproduction and improvement of land fertility are included by the Ministry of Agriculture and Food of the Moscow Oblast in the Passport of fertility of the land plot, which is issued to owners, land proprietors, land users and (or) lease holders.

 The works include:

  1. soil sampling;
  2. laboratory tests of soil samples;
  3. data analysis for agrochemical soil tests;
  4. development of recommendations for improving land quality;
  5. preparation of a report on agrochemical soil testing;
  6. submission of a report to the Ministry of Agriculture and Food of the Moscow Oblast in order to obtain a land plot fertility passport.


application for fertility passport




land plot survey (sampling) in accordance with GOST standards

Conducting agrochemical, chemical-toxicological, sanitary-epidemiological and other types of land surveys. Reliable test results are obtained in case of proper sampling;


application for sampling and testing

General requirements for sampling GOST 17.4.3.01-83

Sampling methods and sample preparation for chemical, bacteriological, helminthological analysis GOST 17.4.4.02-84

Soil sampling for agrochemical analysis GOST 28168-89



development of reclamation projects for damaged agricultural lands 

Required documents:

Legislation:

Land reclamation (development of a working plan (project) for the removal and use of a fertile soil layer) is carried out in accordance with:

Article 78 paragraph 2 of the Land Code of the Russian Federation:

Agricultural lands or land plots within such lands, that are provided for the period of construction of roads, power transmission lines, communication lines (including linear cable structures), oil pipelines, gas pipelines and other pipelines, shall be used in case of availability of an approved plan (project) of reclamation of such lands for the needs of agriculture without the transfer of agricultural lands to lands of other categories

and Decree of the Government of the Russian Federation No. 140 of 23 February 1994.:

On land reclamation, removal, preservation and rational use of the fertile soil layer during all types of construction, geological exploration, reclamation, design and survey and other works related to soil surface damage, as well as during storage, burial of industrial, household and other waste, contamination of land surface areas, if under the restoration conditions these lands require removal of the fertile soil layer, a reclamation plan (project) is being developed to remove and preserve the fertile soil layer.

Application for the development of a land reclamation plan

calculation of the damage, determination of losses, including the lost profit of the land user 

Calculation of the damage caused to soils as an object of environmental protection, and caused to soils due to incompliance with the legislation of the Russian Federation in the field of environmental protection, as well as in the event of emergency and urgent situations of a natural and man-made nature, determination of damage due to land degradation and pollution and calculation of damage to the owner of rights to land (direct losses, lost profits and the costs of reclamation, etc.);

Determination of losses, including lost profits of the land user:

Documents required for work:

Legislation:

 

The Land Code of the Russian Federation. Article 57.

Compensation for losses in case of withdrawal of land plots for state or municipal needs, deterioration of land quality, temporary occupation of land plots, restriction of the rights of land owners, land users, land proprietors and lease holders of land plots

1. Losses caused by:

1) withdrawal of land plots for state or municipal needs;


2) deterioration of land quality due to activities of other persons;


3) temporary occupation of land plots; 4) restriction of the rights of land owners, land users, land proprietors and lease holders of land plots are subject to compensation in full, including lost profits.


2. Losses shall be reimbursed to

1) land users, land owners and lease holders of land plots in the cases provided for in paragraph 1 of this Article;


2) owners of land plots in the cases provided for in subparagraphs 2, 3 and 4 of paragraph 1 of this Article.


3. Compensation for losses is funded from the relevant budgets or conducted at the expense of persons in whose favor land plots are withdrawn or rights to them are restricted, as well as of persons whose activities have caused the need to establish security, sanitary protection zones and entails restriction of the rights of land owners, land users, land proprietors and lease holders of land plots or deterioration of the quality of land.

4. When calculating the amount of compensation, losses of owners of land plots, land users, land proprietors and land plot lease holders are determined taking into account the value of their property on the day preceding the decision on the withdrawn of land plots, on temporary occupation of land plots or on the restriction of the rights of owners of land plots, land users, land proprietors and land plot lease holders.

5. The procedure for compensation of losses to owners of land plots, land users, land proprietors and land plot lease holders, due to withdrawal or temporary occupation of land plots, restriction of the rights of land plot owners, land users, land proprietors and land plot lease holders or deterioration of the land quality due to the activities of other persons is established by the Government of the Russian Federation.

application for calculating the amount of damage

assessment of the soil degradation degree of land plots is description of their condition, reflecting decrease in quality of their composition and properties 

Required documents:

The purpose of surveys is to identify degraded and polluted lands and establish the degree of their degradation (pollution), including eroded, saline, swampy (as a result of flooding or incompliances with environmental requirements) lands; lands subject to desertification, having subsidence of the surface due to mining or other human interventions; pastures with damaged soil and vegetation cover; agrogenically depleted lands; lands polluted as a result of human economic activity (pesticide residues, heavy metals, petroleum products and other organic and inorganic toxicants).

application for determining the degree of degradation


calculation of fertilization limits, recommendations for fertilization 

It is necessary to choose fertilizers, first of all, taking into account the crop rotation, allowing to achieve the maximum increase in crop yields per kilogram of fertilizer introduced into the soil.


application for limit calculations