TRANSFORMATION OF LAND SHARES INTO DIFFERENT TYPES OF REAL OWNERSHIP OF AGRICULTURAL LAND

Issue № 2, 2024, article № 5, pages 45-52

Section: Land use and land relations

Language: Russian

Original language title: ТРАНСФОРМАЦИЯ ЗЕМЕЛЬНЫХ ДОЛЕЙ В РАЗЛИЧНЫЕ ВИДЫ РЕАЛЬНОЙ СОБСТВЕННОСТИ НА ЗЕМЛИ СЕЛЬСКОХОЗЯЙСТВЕННОГО НАЗНАЧЕНИЯ

Keywords: ADAPTIVE INSTITUTION, INVOLVEMENT IN TURNOVER, TEMPORARY INSTITUTION, LAND SHARES, AGRICULTURAL LAND, INSTITUTIONAL TRAPS, UNCLAIMED LAND SHARES, INEFFECTIVE INSTITUTION, LAND TURNOVER, PROPERTY

Abstract: The legal features of land shares are determined: establishing ownership of a land share, methods of disposing of land shares, a special procedure for making decisions on transactions with land shares, the judicial process for resolving disputes. Territorial differences between land shares are the lack of clear boundaries of the land plot, the difficulty of carrying out land surveying of a land plot that has not been allocated in kind, and the fragmented use of a land plot consisting of land shares. Organizational elements of the process of forming land shares include decision-making at a general meeting of owners of land shares, cadastral registration of a land mass of common shared ownership, and not a separate plot, and the formation of escheatable land shares. The economic characteristics chosen were the cost of a land plot divided into shares, the possibility of receiving passive income from rent, the pre-emptive right to purchase from an agricultural organization, and payment of land tax by the tenant. The process of transformation of unclaimed land share into other types of property from 1995 to 2025 is shown. by periods of operation of the temporary, ineffective, adaptive institution of land shares. The weak position of the institution of land shares is confirmed by the imperfection of the mechanism for involving agricultural land in circulation, the ineffectiveness of tools for the use of unclaimed land shares in the Saratov region.

Authors: Zavorotin Evgenii Feofanovich, Tiurina Natalia Sergeevna, Gordopolova Alla Aleksandrovna