The Supreme Court of the Republic of Tatarstan established legality and justification of the Resolution of the Cabinet of the Republic of Tatarstan dated 09.02.1995 No. 74 "About the rent for the earth"

In production of the Supreme Court of the Republic of Tatarstan there was an administrative case shown to the Cabinet of the Republic of Tatarstan about recognition invalid point 2.3 of the Regulations on an order of determination of the amount of the rent for the land plots which are in property of the Republic of Tatarstan and on which state-owned property isn't differentiated, approved by the Resolution of the Cabinet of the Republic of Tatarstan dated 09.02.1995 No. 74 "About the rent for the earth".

According to the administrative claimant, point 2.3 of the Provision wasn't responsible the principle of economic justification of rent fixing for the land plots.

Having listened to the applicant and his representative, the representative of the administrative defendant whose interests were represented by the employee of legal department of the Ministry of land and property of the Republic of Tatarstan, having studied the proofs which are available in case papers, having estimated standardly legal act on its compliance to the federal laws and other regulatory legal acts having a big legal force, the Supreme Court of the Republic of Tatarstan didn't find reasons for satisfaction of the administrative action for declaration.

To a conclusion that the Cabinet of the Republic of Tatarstan in case of adoption of the challenged resolution was based on results of the comparative analysis on the region and didn't break the principle of economic justification and predictability of calculation of the rent, the court came on the basis of the conclusion and projection of receipts of the rent for land speed up on which state-owned property isn't differentiated which include the multiple-factor analysis of characteristics of the parcels of land taking into account types of the permitted use and other economic factors influencing the level of their profitability.

Following the results of consideration of the case, the Supreme Court of the Republic of Tatarstan decided to refuse recognition invalid point 2.3 of the Regulations on an order of determination of the amount of the rent for the land plots which are in property of the Republic of Tatarstan and on which state-owned property isn't differentiated, approved by the Resolution of the Cabinet of the Republic of Tatarstan dated 09.02.1995 No. 74 "About the rent for the earth".