Issues of Gardening, Vegetable Gardening and Cottage Economy in Legislative Initiatives of the Russian Federation Government as to Land Relations

Abstract

Butovetskiy Alexey - Deputy Head, State Duma Committee Administration on Land Relations and Construction, Candidate of Juridical Sciences. Address: 1 Okhotniy Ryad Str., Moscow, 103265, Russian Federation. E-mail: butovetckiy@duma.gov.ru.

The article features the drafts of federal laws submitted to the State Duma by the Russian Federation Government. These drafts aim to develop legal regulation of land relations in gardening, vegetable gardening and cottage economy. The author focuses on improving legislative regulation of land relations in gardening set in the Russian Federation President State of the Nation address of December 12/2013, instructions of the Russian Federation President, Conception of the Development of Civil Legislation prepared under the Russian Federation President Decree On Improving the Russian Federation Civil Code, the Russian Federation Constitutional Court judicial acts and recommendations developed by the State Duma. The paper examines the problems of implementing the judicial acts of the Russian Federation Constitutional Court recognized contradicting the Russian Federation Constitution provisions of the Federal law On Gardening and Cottage noncommercial Associations of Citizens as to the ban on registering citizens in their location in the dwelling facilities situated on gardening plots including in terms of the Russian Federation Government bill On Amending the Federal Law On On Gardening and Cottage noncommercial Associations of Citizens. Special attention is given to the bill of federal law no. 465407-6 On amending the Russian Federation Land Code as to classifying lands into the categories under territorial zoning aimed to eliminate one of the key institutions of land legislation, i.e. dividing lands according to the purpose into categories. The author has conducted a detailed analysis of consequences of this elimination for farmers and cottage owners. An extensive part of the article is devoted to the analysis of provisions no. 465407-6 On amending the Russian Federation Land Code and the Russian Federation legislative acts as to improving the order of providing land plots belong- ing to state or municipalities which will reconsider the order of allocating land plots for gardening. Besides, the author exposes the disadvantages of the current legal regulation of in this area and shows the ways of improving the Russian Federation Land Code proposed by the Russian Federation Government.