ASSESSMENT OF OPTIONS FOR SALE OF AGRICULTURAL LAND IN STATE OR MUNICIPAL OWNERSHIP

Issue № 1, 2024, article № 6, pages 67-76

Section: Land use and land relations

Language: Russian

Original language title: ОЦЕНКА ВАРИАНТОВ ПРОДАЖИ ЗЕМЕЛЬ СЕЛЬСКОХОЗЯЙСТВЕННОГО НАЗНАЧЕНИЯ, НАХОДЯЩИХСЯ В ГОСУДАРСТВЕННОЙ ИЛИ МУНИЦИПАЛЬНОЙ СОБСТВЕННОСТИ

Keywords: LAND FUND, AGRICULTURAL LAND, STATE PROPERTY, SALE AND PURCHASE OF LAND, PUBLIC AUCTION, LAND LEASE, AUCTION, APPRAISAL, LAW ENFORCEMENT PRACTICE, REGULATION

Abstract: The purpose of the work is to identify the advantages and disadvantages of various options for the sale of land plots from agricultural land in municipal or state ownership. Since land is one of the means of production and the basis for agriculture, the issue of transferring ownership of land will always remain relevant. According to the current legislation, the purchase and sale of land plots from agricultural land or their transfer to lease must be carried out through public auctions. However, due to the fact that the preparation and holding of the auction is a rather lengthy process, there are “exceptions to the rules” in the legislation - cases of granting land for agricultural production to the property or for rent without bidding, which in turn leads to a number of problems in the legal plane and law enforcement practice. The article gives a classification of options for the sale or lease of land plots owned by the state or municipality from agricultural land, taking into account the identified advantages and disadvantages, in particular, the measured transaction costs during the auction in terms of time costs and generalized gaps in the legal regulation of relations, related to the sale or lease of land plots without bidding. Substantiated proposals for improving the legislative regulation. Scope: the results of the study can be used in the work of scientific organizations, management bodies of the agro-industrial complex at the regional and municipal levels, agricultural producers.

Authors: Kriuchkov Gennadii Gennadievich