Legal implications of the Draft law on zoning areas for agricultural lands

In the article the proposal of the authors of the Draft law "About amendments to the Land code, certain legislative acts of the Russian Federation." about the exclusion of legal rules, governing the division of lands according to the intended purpose into categories and introduction of standard provisions for zoning, is considered on the basis of a comparative analysis of existing normative-legal acts, Draft federal law and scientific literature. Its certain positive sides are highlighted. For example, in it the question about the division of agricultural lands into especially valuable lands subject to special protection and other agricultural lands is regulated in details. The article draws attention to the fact that the implementation of such a difficult stage of the land reform connected with the changing order of land resources management is currently not provided organizationally. Before carrying out territorial zoning, the authors propose to carry out the following preparatory works: establish and plot the boundaries of municipalities so that they do not overlap; conduct soil and agrochemical examination of all lands located on the territory of the state for drawing up the soil map of the Russian Federation; differentiate lands according to their suitability for agriculture (for example, according to their fertility or grain equivalent); to carry out verification and comparison of the actual location of lands and land plots with the data of the State Real Estate Cadastre. In order to establish whether the procedure for determining the legal regime of lands, including agricultural ones, will be more efficient and transparent under the new circumstances than it is now, we need to conduct an experiment involving several subjects of the Russian Federation, on the territories of which it is necessary to carry out the proposed activities to establish territorial zoning. These activities should be carried out in accordance with state programs in the field of land management, which are not currently accepted. The existence of such government programs is also needed to implement effective regional law-making since the activities of the subjects of the Russian Federation in this sphere is a prerequisite for a reasonable inclusion of agricultural lands with elevated rates of soil fertility, on which ameliorative and other systems that provide efficient agricultural production, into a number of especially valuable and protected lands and other systems that provide efficient agricultural production, particularly valuable and subject to special protection of lands. In general, the author of the present article concludes that existing both in the theory and in practice, problems essentially constrain the development of the institute of particularly valuable and specially protected agricultural lands, but they are not unsolvable.

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