Donation of land in federal property, municipal property or the property of subjects of the Russian Federation
It's analyzed the content and practice of applying the norms of Chapter V.5 of the Land Code of the Russian Federation “Free transfer of land plots that are in federal ownership into municipal ownership or ownership of constituent entities of the Russian Federation” in order to identify legislative gaps, summarize judicial practice and develop proposals for improvement of legal regulation in this area. As a result of the study, it was established that the norms of this chapter are an evolutionary continuation of the legislative consolidation of the procedure for the distribution of federal land ownership. The legal nature of gratuitous transfer of land plots from one form of public property to another is studied and it is concluded that it is one of the types of redistribution of public property. The procedure of gratuitous transfer of land plots from federal property to the ownership of constituent entities of the Russian Federation or to the property of municipalities, in particular the requirements for applicants and lists of plots, the transfer of which is possible and impossible, is analyzed. It was established that such land plots cannot be attributed land plots provided to citizens and legal entities, since they are already involved in civilian circulation. However, law enforcement practice is the opposite, with some exceptions. It is concluded that the current situation does not contribute to the stability and rationality of land use. The proposed revised wording of the provisions of the Land Code of the Russian Federation.