Forcible termination of agricultural land title: environmental deterioration criteria identified

01.08.2012

Legal Update No. 374, 1 August 2012 

Goltsblat BLP advises that Resolution of the Government of the Russian Federation No. 736 (the Resolution) was adopted on 19 July 2012. This determines the criteria for identifying a serious deterioration in the environmental situation resulting from use of agricultural land in violation of the requirements for rational land use stipulated by the land legislation.

In accordance with clause 3, article 6 of the Federal law “On Sale and Purchase of Agricultural Land”, an agricultural plot may be forcibly withdrawn from its owner through a court, particularly if the following criteria are met:

  • contamination of the soil by chemical substances with a 30 or higher aggregate indicator of pollutants in the soil in a concentration exceeding the relevant maximum permissible concentration. The given indicator is determined as the sum of the ratios of the actual content of the each pollutant in a concentration exceeding the relevant maximum permissible concentration to its maximum permissible concentration;
  • placement of production and consumption waste of hazard classes I - IV on a land plot covering an aggregate area of 0.5 ha or more.

Let us also recall that the signs of land plots not being used in consideration of the specifics of agricultural production or other associated activities in constituent entities of the Russian Federation (this constituting another formal reasons for forcible termination of title to the land plot) were determined by resolution of the Government of the Russian Federation No, 369 of 23 April 2012.

The Resolution comes into effect on 2 August 2012.

For additional information, please contact:

Vitaly Mozharowski, Partner, Real Estate and Construction, Goltsblat BLP, by phone: +7 495 287 44 44 or by email Vitaly.Mozharowski@gblplaw.com;

Yuri Chernobrivtsev, Partner, Real Estate and Construction, Goltsblat BLP, by phone: +7 495 287 44 44 or by email Yuri.Chernobrivtsev@gblplaw.com;

Maksim Popov, Associate Director, Real Estate and Construction, Goltsblat BLP, by phone: +7 495 287 44 44 or by email Maksim.Popov@gblplaw.com.
 

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