Vavilova E.M. The Fundamentals of Determining the Rental Charge for the State-Owned Real Estate in the Russian Federation
DOI: https://doi.org/10.15688/lc.jvolsu.2021.1.14
Ekaterina M. Vavilova, Postgraduate Student, Faculty of Law, Department of Legal Regulation of Economic Activity, Financial University under the Government of the Russian Federation, Prosp. Leningradskiy, 49, 125167 Moscow, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0003-2838-5208
Introduction: the paper discusses the study of the basic principles and methods of determining rental rates for the use of land owned by the state and municipal authorities. Despite the increasing trend of the privatization of state-owned land, its significant proportion is still under the state ownership. In this regard, a significant share of court proceedings in the Arbitration courts falls precisely on those disputes that relate to the determination of the procedure for establishing the rent of state-owned real estate in Russia. In this regard, the author set the goal – to study the problem of establishing the amount of the rent for the land held by tenants for housing after bringing into force Resolution of the Government of the Russian Government No. 582 of July 16, 2009 “On the basic principles of determining the rent for leases of land plots in the state or municipal ownership, and on the Rules for determining the amount of rent and the order of the conditions and terms of payment of rent for land in the ownership of the Russian Federation” (hereinafter – “Resolution No. 582”). Methods: the methodological framework for the study is a set of methods of scientific knowledge, among which the main one is the comparative law method, as well as the methods of systematization and analysis. Results: the author’s position grounded in the work is based on the analysis of the legislation and the opinions of the scientists expressed in the competent scientific community on the issue of establishing the basic rates for renting the state real estate. Conclusions: as a result of the study, the main principles of determining the rates for renting the state-owned real estate, as well as the procedure for determining them, were analyzed. It was established that the amount of rent for land plots that were provided to tenants for housing construction after the entry into force of Resolution No. 582 should not exceed 2 % of the cadastral value of such real estate.
Keywords: rent, state real estate, order establishing, land lease, land legal relations.
Citation. Vavilova E.M. The Fundamentals of Determining the Rental Charge for the State-Owned Real Estate in the Russian Federation. Legal Concept = Pravovaya paradigma, 2021, vol. 20, no. 1, pp. 94-98. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2021.1.14
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