1. Land Reform
During the former Soviet Union, the state monopolized land ownership. The Constitution clearly stipulated: “Land, underground resources, water, and forests belong to the state without exception. all". The first attempts to change this principle were made in the late 1980s within the framework of social structural reforms. The "Law on Ownership of the Soviet Union", the legal principles on land of the former Soviet Union and the member states that came into effect in 1990, abolished the state monopoly of land and introduced the plurality of power subjects and multiple forms of ownership of land. Although the principle The framers of the government failed to legalize the concept of private ownership, but due to policy compromises, life-long inherited land holdings were implemented, which was essentially an implicit form of restricted private ownership.
The official start of land denationalization and land reform in the Russian Federation was on January 1, 1991, when the laws of the Russian Federation "On Land Reform" and "On Agriculture" were implemented. The new Land Code passed in 1991, together with the Land Payment Law, established a legal basis for the emergence of different land ownership systems (state-owned, municipal, privately owned). While providing for a system of lifelong inheritance and perpetual use of land, these laws also provide for the ability to purchase land lots for private ownership. But it only talks about limited ownership, because land is excluded from citizen transfers, and a 10-year period of deferred payment for sales, gifts, and transactions of land lots is implemented.
In this initial stage of reform, the government's main task is to redistribute land resources to benefit citizens and create new types of agricultural producers-individual farm operations. In order to develop farms, in early 1991, the Russian Federation Council of Ministers passed a corresponding resolution and decided on measures to help farm operations, including financial assistance of 1 billion rubles. But contrary to expectations, the mass withdrawal of farmers from the collective farms did not occur. People who decide to become self-employed also encounter many difficulties. They are often given poor quality, inconveniently located land parcels, no loans, and insufficient technical equipment. The first farm operators had a bad relationship not only with the collective farms and local authorities, but also with the collective farm members. Over time, state support effectively ceased, and many of the newly established self-employed businesses were destroyed and bankrupted. The main growth in farm operations was from 1992 to 1994, when the number of individual farm operators increased from 49,000 to 270,000, reaching a peak of 279,100 in 1996, with 12,001 hectares of agricultural land. Then this number began to decrease, and at the same time, the total area of ??land shares increased slightly (in 2000 *** there were 264,600 farming entities with 14,484 hectares of land).
In order to accelerate agricultural reform, in 1991 a presidential decree on "Emergency Measures for the Implementation of Land Reform in the Russian Federation" was issued and a series of government resolutions on the reorganization of collective farms and state farms. Instruct the government to pass a resolution on changing to a new business form (joint-stock company, joint venture, cooperative, etc.) or preserving the previous business form within a specified period. During the period from 1992 to 1994, most agricultural enterprises were re-registered and the legal status of the organization was changed. However, in many cases this was only a formal "brand change" and did not touch the internal relations of the business entity.
Due to the lack of corresponding federal laws, the land share utilization relationship resulting from the privatization of agricultural enterprises is basically regulated by presidential decrees and government resolutions. In accordance with the Decree of the President of the Russian Federation of October 27, 1993 "On the Reform of Regulating Agrarian Relations and Development of Agriculture in Russia", holders of land shares shall be provided with documents confirming their rights to land parcels and receive permission for the use of land parcels . They can obtain the following rights: hand over land shares to inheritance; receive physical land lots when exiting operations; hand them over to agricultural enterprises as fixed assets; lease; buy and sell. In subsequent presidential decrees and government resolutions, farmers' rights to land shares were confirmed and land use regulations were stipulated. In fact, all types of land management, including buying and selling, were allowed. However, in practice, the process of registering land share rights and signing transaction contracts is very slow. By mid-1995, many subjects of the Russian Federation had delayed the issuance of land share certificates for political or other reasons. Moreover, many local laws also impose additional restrictions on land transactions. By 1995, about 70% of owners had received land share certificates, and by 2000, according to the Russian Land Policy Committee, the figure was 91.2%, of which about two-thirds had control over their land shares.
Russia began to carry out land reform in the early 1990s, and there have been tremendous changes in land relations, land use organizational forms and land ownership. The implementation of the land use payment system is an undoubted achievement of land reform.
Agrarian reform in the Russian Federation requires the adoption of measures on land use, such as:
Addressing the issue of private ownership of land;
Removing restrictions on submission of land lots;< /p>
Allows the existence of agricultural (farm) operators;
Eliminates the submission of land lots depending on the wishes of the responsible person;
Allows lifelong inheritance of land and land Lease;
Recognize land relationships as property relationships.
In summary, Russia has done the following in land reform:
Implemented a land use payment system;
Satisfied residents’ demands for land use Requirements for personal side jobs, gardening, vegetable gardens, and villa construction;
Personal housing construction has increased significantly;
280,000 agricultural (farm) households have been established;
Denationalization of agricultural enterprise territories;
Privatization of private enterprise territories;
Expansion of land in rural residential areas;
Establishment of a land redistribution fund;
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The market transfer of land began.
The main result of Russia's land reform during this period was that every family now owns its own land. 8.4 million hectares of land have been handed over to 44 million families for gardening, vegetable cultivation and personal side jobs. This can reduce the burden on society to a great extent.
Other results of land reform are reflected in the fact that in 2000, 13 million hectares of agricultural land were managed by 274,000 farms, and about 12 million rural residents received land ownership in the process of the reorganization of collective farms and state-owned farms. The Communist Party transferred 116 million hectares of land (more than 75% of agricultural land, which was previously owned by collective farms and state farms) to the Communist Party for joint and share ownership. In addition, more than 43,000 hectares of land were transferred to 62,000 needy families and families who were forced to relocate. 50,000 hectares of land will be given to 25,000 military families who have retired from the reserve service. The area of ??land resources under the jurisdiction of the State Land Commission is 137,000 hectares and is intended to be handed over to the Cossack communes.
2. Land Market
Russia’s land market has been formed, which is one of the obvious results of the land reform that began in 1990. The Russian Federation's civil law, land law and a series of other federal standard laws and regulations, as well as similar laws and regulations of federal entities, all stipulate the ownership of land by legal persons and natural persons, and they can buy and sell land lots, lease, donate, mortgage, etc.
However, Russia’s land market is still very fragile and limited. First, Russia’s total land resources are not unlimited; second, the main controller of land is still the state. The main method of integrating national land ownership into market circulation is still leasing. The land parcels involved in all transactions account for approximately 4.1% of Russia's land resources.
Table 5-2 Russia’s land transaction statistics from 1999 to 2001
The data obtained from the national report are listed in Table 5-2, which illustrates the leasing relationship in various land transactions There is a clear and stable advantage (over 90% on average), and only 0.42% to 0.45% of the land resources provided for sale by local self-government agencies.
The national land rental price is gradually established as the land areas are included in the market circulation. And prices are determined by many factors that are difficult to fully pinpoint, especially when it comes to land used for agricultural production.
In general, the administrative leaders of most federal entities follow existing land tax rates and correlation coefficients when setting rental prices. The price depends on the value of the place, the purpose of the land use and the lessee. categories, also taking into account supply and demand. The average rental fee per square meter of land in Russia in 2001 for trading enterprises and service industries in cities and settlements was 50.6 rubles, compared with 4.8 rubles for rural settlements, 4.1 rubles for urban industrial enterprises, and 0.62 rubles for industrial enterprises located in rural areas ; Private entrepreneur renters pay 34.4 rubles in cities and settlements and 23.1 rubles in rural settlements. The highest rental fees for trading enterprises were paid in St. Petersburg in 2001, with an average of 400.8 rubles, and in urban settlements of the Ormsk region 186.2 rubles were paid. Individual entrepreneurs in cities and settlements of Sakha Yakutia and Oblast pay 619.3 rubles, while in the Ribet Oblast it is 400 rubles.
The sale of land leasehold rights has gained great popularity. In 2001, leasehold rights to 6,936 land parcels were sold in 46 federal subjects, with a total area of ??24,533 hectares. The largest number are found in Moscow (1,693 transactions, 217.5 hectares) and Nizhny Gorod Oblast (1,172 transactions, 35 hectares).
According to the registered lease agreement, the Russian Federation budget in 2001 should have received 30.3 billion rubles. However, according to the Federal Ministry of Taxes and Fees, only 12.8 billion rubles were actually received.
State and municipal lands are sold to citizens in accordance with the Presidential Decree of December 27, 1991 "On Emergency Measures for Implementing Land Reform in the Russian Federation" and April 23, 1993 "On the Distribution of Land to Citizens" The Presidential Decree of 22 July 1994 on "Supplementary Measures for the Purchase of Land Lots Underlying the Real Estate" was carried out. Land lots began to be purchased mainly for personal housing construction, personal side business operations, and gardening. In 1993, 137,300 land lots were sold, covering an area of ??more than 57,000 hectares. After that, it began to cool down. After 1993, the total number of sales per year began to decrease by half to one-third, and in 1998 there were only 11,500 transactions, with a total land area of ??7,500 hectares. Starting in 1999, the number of sales began to increase again. In 2001, 24,465 transactions were registered, covering a total area of ??16,257 hectares.
The main purpose of purchasing land remains to build a personal home, carry out personal side business and gardening, with ***21,356 transactions for these purposes, totaling 2,992.5 hectares. The purchasers of the largest area (11,383 hectares) were 90 farmers. The number of citizens who want to buy land for enterprise production is relatively large, 1,439 people, but only 429 hectares were purchased in one day.
When answering the question "In your opinion, does the entry into force of the Agricultural Land Free Sale and Purchase Law have more positive consequences or more negative consequences?" 28% thought it was difficult to say, and 21% thought it would be a big positive consequence. %, 51% believe that the negative consequences will be serious.
Among the 35 federal subjects, privatized enterprises in 2001 purchased 473 land lots with a total area of ??1125.6 hectares, of which 415 land lots were in cities and residential areas with a total area of ??1006.7 hectares. It is almost half lower than in 1999 and close to the 2000 indicator.
Until 2001, the city of St. Petersburg had been the city that purchased the most land for companies. This year, the company purchased 118 land lots with a total area of ??22 hectares, accounting for 25% of the entire Russia.
The price for selling land is determined by state authorities and local self-government bodies. When setting prices they refer to the standard price of land. This concept emerged in the early years of agricultural reform. At that time, the standard price of land was 50 times the land tax rate per unit area of ??land for corresponding uses. In 1994, land prices were raised to 200 times the land tax rate, and regional and local authorities were given the power to increase the coefficient and change standard prices to market prices. In accordance with the Federal Government Resolution of March 15, 1997 "On the Method for Determining the Standard Price of Land", local self-government bodies have the right to increase the price established by the federal subject by 25%. The revised standard land price shall not exceed 75% of the existing market price level for similar standard land areas.
Due to the underdeveloped land market in Russia, the standard price of land is determined based on market prices and expert assessments in only one quarter of the federal entities. In approximately one-third of the federal subjects, the standard price of land is calculated as a multiple of the land tax rate. In the Komi *** Republic, Bryansk, Chelyabinsk, Ormsk, Tyumen, Arkhangelsk Oblast, Nenets and Taymyr Autonomous Oblasts, land prices are very flexible, starting from 10% of the land tax rate Times to 800 times. Among other federal subjects, for example, in the Republic of Tatarstan, Orlov, Tambov, Pinkin, Ulyanovsk, Sakhalinsk, Amur Region, Primorye Territory, In Chukotka Autonomous Prefecture, land prices continue to be 200 times the land tax rate. Table 5-3 shows the standard land prices in the Russian Federation.
The executive authorities of the City of Moscow, the Ingushetia Republic, the Chechen Republic and the Yamala-Nenets Autonomous Oblast did not pass a resolution on the standard price of land.
Table 5-3 Standard land prices in the Russian Federation rubles/square meter