ВОПРОСЫ СОВЕРШЕНСТВОВАНИЯ ОБОРОТА ЗЕМЕЛЬНЫХ УЧАСТКОВ ИЗ СОСТАВА ЗЕМЕЛЬ СЕЛЬСКОХОЗЯЙСТВЕННОГО НАЗНАЧЕНИЯ

Abstract

One of the factors hindering the further development of agricultural enterprises of various legal forms is the imperfection of land legislation. Land plots that are in state or municipal ownership, when leased or owned through auctions, are not always given to peasant (farmer) households or agricultural enterprises that need them for production. This is due to the high transaction costs, which are caused by the need to form, register for cadastral registration and registration of rights to land, as well as the costs of holding auctions to provide them. Moreover, as a result of tenders at such auctions, rental payments are often overstated due to unfair competition from participants who do not carry out agricultural activities. Relations between agricultural producers and state and municipal executive authorities on the ownership, use and disposal of land from the category of agricultural land, including state or municipal property, are regulated by the Federal Law “On the Turnover of Agricultural Land”. A number of its provisions do not facilitate the transfer of agricultural land to effective owners - agricultural producers. On the other hand, the low efficiency of agricultural production, due to objective and subjective reasons, does not allow to set the rent at a level of interest to owners of land shares. It is necessary at the level of the ministries of land and property relations of the constituent entities of the Russian Federation to develop Regulations on holding auctions for the sale of agricultural land in ownership or lease rights on them, which should reflect the criteria for participants in such auctions. The lease payment for lands in shared ownership shall be at least 3% of the cash proceeds from 1 ha.