On the Issue of Leasing Land Plots in State or Municipal Ownership to Peasant (Farmer) Farms and Agricultural Organizations Participating in State Support Programs in the Field of Agricultural Development Without Bidding

Abstract

Based on the analysis of paragraphs 12, Part 2 of Article 39.6 of the RF CC, paragraph 8 of Article 10 of the Federal Law "On the Turnover of Agricultural Land", judicial practice, it is concluded that the currently existing legal norms do not provide peasant (farmer) farms and agricultural organizations participating in state support programs in the field of development agriculture, a real opportunity to lease publicly owned land plots for farming or other activities related to agricultural production without bidding due to the unjustified application of the procedure established by Article 39.18 of the RF CC, which carries a significant risk for already concluded lease agreements to be invalidated and, in this regard, does not allow us to talk about the stability of civil turnover and the protection of the interests of participants in civil legal relations. The conclusion is substantiated that it is necessary to amend Clause 8 of Article 10 of the Federal Law "On the Turnover of Agricultural Land" in terms of excluding references to Article 39.18 of the RF CC. In order to exclude competition with persons who are not participants in state programs and to exercise the right to receive plots without bidding of agricultural organizations, it is proposed to prescribe a detailed procedure for identifying interested parties in the new Article 39.18.1 of the RF CC, similar to the procedure established in Article 39.18 of the RF CC, but only with respect to the procedure for considering applications of peasant (farmer) farms and agricultural organizations participating in state support programs in the field of agricultural development, on the provision of land plots in state or municipal ownership for lease without bidding.