Оn the Issue of Providing a Citizen a Land Plot in Public Property without Bidding for Haymaking or Grazing of Farm Animals

Abstract

Based on the analysis of paragraphs 19 of part 2 of art. 39.6 of the Land Code of the Russian Federation and law enforcement practice, it is concluded that the current version of this rule of law does not provide citizens with a real opportunity to lease publicly owned land plots without bidding for the purposes of haymaking or grazing farm animals for personal needs due to an unjustifiably restrictive interpretation in law enforcement practice of the possible size of the area such sites and the lack of a uniform understanding of the purposes of providing these sites, related to the definition of personal or business needs, which carries a significant risk for already concluded lease agreements to be invalidated. The importance of the allocation of a separate basis in Part 2 of Article 39.6 of the Land Code of the Russian Federation – the provision of a land plot to a citizen for haymaking, grazing of farm animals, as well as the establishment in the legislation of the subjects of the Russian Federation of the maximum size of the area of land plots provided to citizens specifically for haymaking or grazing of farm animals is substantiated; it is concluded that it is necessary to amend the List of documents confirming the applicant’s right to purchase a land plot without bidding, in terms of the obligation to request information about the presence or absence of a citizen of entrepreneurial status.