The federal law dated 03.07.2016 №. 354-FZ "About modification of separate legal acts of the Russian Federation regarding enhancement of an order of seizure of land from lands of agricultural purpose in case of their non-use on purpose or use with a violation of the law of the Russian Federation"

Since July 4, 2016 (except for the separate provisions coming into force from 01.01.2017) the Federal law dated 03.07.2016 №. 354-FZ "About modification of separate legal acts of the Russian Federation regarding enhancement of an order of seizure of land from lands of agricultural purpose in case of their non-use on purpose or use with a violation of the law of the Russian Federation" came into force (further – the Federal law).

The federal law reduced the term after which the agricultural parcel of land can be withdrawn from the owner, in case of his non-use on purpose, from 5 to 2 years.

New amendments to the law «On turnover of land of agricultural purpose» enhanced an order of withdrawal of the agricultural lands which aren't used for designated purpose and a tendering order on their sale.

So the provision of the law about turnover of agricultural land doesn't extend to the parcels of land which are a mortgage subject and the parcels of land against owner of which the court initiated proceedings about bankruptcy.

The parcel of land from lands of agricultural purpose, except for the parcel of land which is a subject of a mortgage, the parcel of land against owner of which the court initiated proceedings about bankruptcy compulsorily can be withdrawn from his owner judicially if within 3 and more years in a row from the moment of identification of the fact of non-use of the parcel of land on purpose within the state land supervision or uses with a violation of the law of the Russian Federation, such parcel of land isn't used for farming or implementation of other activities connected with agricultural production.

Forced withdrawal of the parcel of land from lands of agricultural purpose at his owner can be performed on condition of not elimination of violations after purpose of administrative punishment.

The executive body of the subject of the Russian Federation within 2 months from the date of intake of materials takes a legal action with the requirement about withdrawal of the parcel of land from lands of agricultural purpose and about its sale from the public biddings.

Within 6 months from the date of the introduction in a legal force of the judgment about withdrawal of the parcel of land from lands of agricultural purpose and about its sale from the public biddings the executive body of the subject of the Russian Federation concerning such parcel of land provides carrying out of cadastral works, if necessary, and establishes a type of the permitted use (in case of its absence) of the parcel of land, and also holds the public auction on its sale.

Starting price of the withdrawn parcel of land at the public biddings is market or cadastral (if results of the state cadastral assessment are approved not earlier than before 5 years to decision date about carrying out the public biddings) cost of such parcel of land. The method of determination of starting price of the withdrawn parcel of land at the public biddings is specified in the judgment about withdrawal of the parcel of land.

If the public biddings on selling the parcel of land from lands of agricultural purpose are acknowledged cancelled not later than in 2 months after the first public biddings the repeated public auction is held. Starting price of the parcel of land from lands of agricultural purpose at the repeated public biddings falls by 20% of starting price.

If the repeated biddings on selling the parcel of land are acknowledged cancelled, such parcel of land is subject to sale by means of a public offer. Starting price of sale of the parcel of land by means of a public offer is established in the amount of starting price of the repeated biddings. The selling price of such parcel of land can't be lower than 50% of starting price of the repeated biddings.

If the parcel of land isn't sold at the biddings by means of a public offer, within 1 month from the date of recognition of these biddings cancelled, such parcel of land can be purchased in municipal property of the settlement or city district in the territory of which it is located, at minimum price of the biddings in the form of a public offer. At the same time, if such parcel of land isn't purchased in municipal property in the specified time, executive body of the subject of the Russian Federation within 1 month from expiry date during which the parcel of land can be purchased in municipal property, obliged to purchase such parcel of land in a state-owned property at minimum price of the biddings in the form of a public offer.

It is determined that the regional executive body is obliged to provide carrying out of cadastral works and establishment of a type of the permitted use of the parcel of land, and also to hold the public auction on selling the withdrawn parcel of land within six months from the date of the introduction in a legal force of the judgment about its withdrawal.

The administrative responsibility for non-use of the agricultural land parcel on purpose during 1 year from the moment of the property right is established, if it is purchased by results of the biddings based on the judgment about its withdrawal in connection with non-use on purpose or use with violation and (or) if concerning the land parcel there are data on its non-use on purpose or use with violation during fixed term.

Federal Registration Service will be obliged to report monthly no later than the 15th of following under report month to Federal Service for Veterinary and Phytosanitary Surveillance the data on registration of transition of the rights to agricultural land parcels concerning which Unified state register of the real estate contain the data on results of carrying out the state land supervision specifying non-use of such parcel of land on purpose or use with violation.

It is established also that the parcels of land from lands of agricultural purpose located at distance no more than 30 km from borders of rural settlements can't be used for the purposes which aren't connected with farming.

Besides, it is established that the parcels of land from lands of agricultural purpose occupied with the intraeconomic roads, communications, forest plantings intended for ensuring protection of lands against negative impact, water objects except for such parcels of land which are in property of the Russian Federation, property of municipalities, citizens and legal entities or provided to physical persons or legal entities on other corporeal right belong to property of subjects of the Russian Federation.

The parcels of land from lands of agricultural purpose which are in the state-owned or municipal property are provided in lease for a period of up to 5 years to the peasant farms, agricultural organizations participating in programs of the state support in the sphere of development of agricultural industry, for farming or implementation connected with agricultural production of other activities without tendering.

If in the executive body or local government body authorized on the order by the parcels of land from lands of agricultural purpose several statements for provision of such parcel of land in lease arrived, the corresponding parcel of land is provided in the order established by Art. 39.18 of the Land Code of the Russian Federation.