Abstract
This article is based on the comparative analysis of civil, land and urban planning legislation. It reveals inconsistency in the regulatory planning of agricultural land use in case of changing its category. As a rule, the subsequent use of agricultural land for different purposes usually leads to fertility loss. This reproduction method has no price and is not expressed in monetary terms. The criteria for determining the value of land used by the Russian legislation are off-market surrogates. In this regard, they are used to transform the value of the land without market turnover into the value of land plots that are characterized by certain market conditions and high demand. Thus, the author of the article suggests supplementing the revealed shortcomings of established regulatory practices with the SEEA accounting system developed by the United Nations Organization to evaluate natural-ecological objects. SEEA (or a similar tool) is used for changing the category of agricultural land as a means of saving land fertility for future generations.
Highlights
Article 7 of the Federal Law No 172-FZ of 21.12.2004 "On the transfer of lands or land plots from one category to another" establishes the specific features of rezoning agricultural lands or land plots within these lands
The division of agricultural and industrial lands is problematic for establishing the legal regime of lands and land plots and forming the surplus value of a land plot as a real estate object according to Paragraph 1 Article 130 of the Civil Code of the Russian Federation
Land-use planning schemes in respect to agricultural lands are based only on crop rotation or the life cycle of permanent crops, while land-use planning for other land categories has a one-decade planning time-frame. The criterion for such a transfer is that the cadastral value of a land plot is not an indicator of its market price for agricultural or industrial use
Summary
Article 7 of the Federal Law No 172-FZ of 21.12.2004 "On the transfer of lands or land plots from one category to another" establishes the specific features of rezoning agricultural lands or land plots within these lands. The basic land legislation of the USSR and union republics of 1990 distinguished seven land categories in Article 2 This law divided the wholesome object of legal regulation (land) into two semantic groups. The division of agricultural and industrial lands is problematic for establishing the legal regime of lands and land plots and forming the surplus value of a land plot as a real estate object according to Paragraph 1 Article 130 of the Civil Code of the Russian Federation. The formation of a surplus value in agricultural production is carried out through the exploitation of a fertile layer of land (soil) capable of reproducing vegetation (plantatio) [4] This kind of reproduction (harvest) has a market price. One cannot but notice that the above-mentioned form of legal regulation lacks justice in the context of distributive (providing each subject with the necessary resources) and commutative (accounting for the interests of other persons) concepts [9]
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Free) 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call
