Provision of land in accordance with the decree of the President of the Republic of Tatarstan

For the provision of land to legal entities in accordance with subparagraph 3 paragraph 2 of Article 396 of the Land Code of the Russian Federation, Ministry of land and property of the Republic of Tatarstan said the following.

Subparagraph 3 of paragraph 2 of Article 396 of the Land Code of the Russian Federation found that if land plot is providing in accordance with the order of the highest official of the Russian Federation for the providing of social and cultural and household purposes, large-scale investment projects realization if there projects meet the criteria established by the laws of the subjects of Russian Federation, provision of land, owned by the state or municipal property, is carried out without tendering.

Article 333 of the Land Code of the Republic of Tatarstan established criteria for the providing of land plots for the providing of social and cultural and household purpose objects or the implementation of major investment projects for rent without bidding to the legal entities in accordance with the decree of the President of the Republic of Tatarstan.

To provide a land plot object of social and cultural and household purpose should correspond to the priorities and objectives identified in the strategic planning documents, programs of social and economic development of the Republic of Tatarstan, municipalities. Also object should be the subject of culture, art, cinema, sports, landscaping, healthcare, education and educational work, social protection and social services, public utilities, public services and waterworks, a multi-level and (or) underground parking (parking) parking garage.

Land for the implementation of large-scale investment project is provided in case of compliance with the following investment criteria:

1) the creation or increase of the number of jobs;

2) the requirement for the prospective volume of investments;

3) an increase in annual revenue from taxes levied on the territory of the Republic of Tatarstan;

4) construction of individual houses and (or) of apartment buildings to provide measures to protect the rights of citizens - participatory construction of houses affected by the action (or inaction) of unscrupulous developers.

Qualitative and quantitative investment criteria, ie their estimates are established by the Decree of the President of the Republic of Tatarstan from 07.12.2015 № UP-1170 "On the establishment of qualitative and quantitative criteria to be met by large-scale investment projects, implementation of which allowed the provision of land for rent without a tender."

Article 333 also found that for the provision of the land legal entity submits an application to the Cabinet of the Republic of Tatarstan or its authorized body.

The procedure of submission of documents for the land by the legal entity, their list and order established by the Cabinet of the Republic of Tatarstan.

In order to implement this provision of the Land Code of the Republic of Tatarstan Cabinet of the Republic of Tatarstan adopted a resolution on 30.12.2015        № 1034 "On approval of order of the examination of documents, proving compliance of social and cultural and household purpose object, large-scale investment project with the criteria established by the Land Code of the Republic of Tatarstan for the provision of land plots for rent without competitive bidding in accordance with the orders of the President of the Republic of Tatarstan "(hereinafter - the Resolution of the Cabinet of Tatarstan).

Resolution of the Cabinet of the Republic of Tatarstan established that the Investment Promotion Agency of the Republic of Tatarstan is the authorized body:

carrying reception and examination of documents, proving compliance of object and project with the criteria established by the Land Code of the Republic of Tatarstan, to provide land for rent without competitive bidding in accordance with the orders of the President of the Republic of Tatarstan;

to conduct consolidated appeals registry of legal entities, containing an application for a lease of land without bidding in accordance with the decree of the President of the Republic for the construction of the facility or realization of project;

on the drafting of a reasoned opinion of the Cabinet of the Republic of Tatarstan about the compliance of object or the project the specified criteria, established by the Law of RT.

Also, the Resolution of the Cabinet of the Republic of Tatarstan identified Ministries as the competent authorities carrying out the examination of applications and documents to them.

Ministry of land and property of the Republic of Tatarstan is determined by the authorized body for the preparation of draft orders of the President of the Republic on granting of land plots for construction of facilities or the implementation of the investment projects.

Resolution of the Cabinet of the Republic of Tatarstan approved the order of consideration of documents documents justifying the compliance of socio-cultural and household purpose object, large-scale investment project with the criteria established by the law of the Republic of Tatarstan (hereinafter - Procedure for the examination of documents), the required list of documents to be submitted by legal entities together with a request for land and approved the form of petitions.

Those, to provide land for rent without tender in accordance with Article 333 of the Land Code of the Republic of Tatarstan legal entities should contact the Investment Promotion Agency of the Republic of Tatarstan with a package of documents provided by the order of consideration of documents.