Legal regulation of the use of land for agriculture for gardening on the territory of the Arkhangelsk region

Alekseeva Anastasia Nikolaevna, Klepikov Igor Vladimirovich, Nakvasina Elena Nikolaevna

The article deals with problematic issues of urban design and legal use of land for agriculture for gardening by citizens with the right to erect residential and garden houses and farming for personal needs. Currently, land for agriculture from the composition of agricultural lands cannot be included in the boundaries of the territory of gardening by citizens for their own needs and used for the construction of residential buildings on a garden plot. However, as practice shows, gardening non-profit partnerships, residential buildings (not included in the boundaries of settlements), various production facilities are often located on land for agriculture. In such cases, it is impossible to register capital construction projects in accordance with the procedure established by law. To solve this problem, the following approaches are proposed: abolish land categories and move to territorial zones; establish an additional category – "individual gardening lands"; allow the construction of capital construction projects on garden plots formed on land for agriculture; include land for agriculture with the type of permitted use "gardening" as part of the lands of settlements. At the same time, it is obvious that the abolition of land categories, the establishment of an additional category, the transition only to territorial zones at the legislative and executive levels can last for many years, while the problems of horticulture require operational decisions. The article considers a practical solution to the above problem, which allows to defuse the situation quickly enough and reduce social tension in this matter, namely, the inclusion of land for agriculture with the type of permitted use of "gardening" in the composition of the lands of settlements. Examples of operational settlement of issues of legal use of land for agriculture for gardening in the territory of the Arkhangelsk region are given.

Keywords:category of land, agricultural land, land for agriculture, gardening, rules of land use and development, territorial zones, type of permitted use.