Home Torkemose Article 46 ZK RF. Land Code of the Russian Federation. State land cadastre

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Article 46 ZK RF. Land Code of the Russian Federation. State land cadastre

1. Rent a land plot is terminated on the grounds and in the manner provided for by civil law.

2. Along with those specified in paragraph 1 of this article, the foundations of land rental may be discontinued on the initiative of the landlord under the grounds provided for in paragraph 2 of Article 45 of this Code.

2.1. Along with those specified in paragraphs 1 and 2, the reasons for renting a land plot may be discontinued at the request of the Lessor in the event of termination of an integrated development agreement for the territory concluded in relation to such a land plot or formed from it land plotsOr in case of violation of the schedule for the development of the specified territory provided for by this Treaty.

2.2. Along with those specified in paragraphs 1 and 2 of this article, the foundations of renting a land plot provided on the basis of an agreement on complex Development Territory at the initiative of the local government, or land plots formed from such a land plot, may be discontinued at the request of the landlord in case of termination of such an agreement on the integrated development of the territory in connection with the failure to fulfill the person who has concluded the indicated agreement with the local government authority provided for by such an agreement of the obligations .

3. Termination of the lease of a land plot based on the reasons specified in the second paragraph of sub-clause 1 of paragraph 2 of Article 45 of this Code, is not allowed:

1) during field agricultural work;

2) In other cases established by federal laws.

4. Rent a land plot located in state or municipal property, on the basis indicated in the seventh paragraph of subparagraph 1 of paragraph 2 of Article 45 of this Code, is terminated by one-sided refusal of the landlord from the lease agreement of such a land plot or executing a lease agreement of such a land plot subject to non-fulfillment The tenant of the respective duties stipulated by Part 11 of Article 55.32 of the Urban Planning Code of the Russian Federation, within the deadlines established by the decision on the demolition of the unauthorized construction or by the decision on the demolition of the unauthorized construction or its concern to the established requirements adopted in accordance with civil law, or non-fulfillment by the tenant of obligations, The lease of such a land plot provided for by the lease agreement in accordance with paragraph 7.1 of Article 39.8 or subparagraphs 12-14 of paragraph 21 of Article 39.11 of this Code, on time set by the Treaty of Lease of such a land plot but. Notice of unilateral refusal to the lease agreement of such a land plot or execution of a lease agreement of such a land plot is sent to the executive body of state authorities or by the local government authority provided for in Article 39.2 of this Code, within one month from the date of receipt from the local government of the settlement, the city district at the place of place Looking for a unauthorized construction or in case the unauthorized construction is located at the interface, the authority of the municipal district of the notification of the non-fulfillment of the specified duties on the period established by the decision on the demolition of the unauthorized construction or the decision on the demolition of the unauthorized construction or its alignment with the established requirements, or notifications On the non-fulfillment by the tenant of such obligations after the expiration of the term established to fulfill such obligations to the contract for the lease of such a land plot, except in cases indicated in paragraphs 5 and 7 Thoring article.

5. In the event that on the land plot, along with a unauthorized construction, other buildings, structures, objects of unfinished construction, the executive body or local government, provided for in Article 39.2 of this Code, are within a period not exceeding four months from the date of receipt by paragraph 4 of this article notice of non-fulfillment of duties or obligations, ensures the section of the original land plot in order to form a land plot, on which only unauthorized construction is located, provided that such a section is possible to implement without violating the requirements for the formed or modified land plots, and termination of the right rent on such land plot. At the same time, these bodies have the right to demand reimbursement of expenditures on the fulfillment of cadastral works from the tenant of the original land plot, and the tenant of the original land plot has no right to acquire the specified land plot for rent without trading.

6. In case of termination of the lease of a land plot in accordance with paragraphs 4 and 5 of this article, including in the case of the section of the land plot, on which, along with a unauthorized construction, other buildings, structures, objects of unfinished construction, reimbursement of losses associated with termination are located The lease agreement of the land plot is not produced.

7. The termination of the lease of a land plot located in state or municipal property is not allowed by the one-sided refusal of the landlord from the lease agreement of such a land plot or executing a lease agreement of such a land plot in accordance with paragraph 4 of this article if on the land plot along with unauthorized The construction is located other buildings, facilities, facilities of unfinished construction and education from such a land plot of land, on which only unauthorized construction will be located, it is impossible to implement without violating the requirements for the formed or modified land plots.

Comment to Art. 46 ZK RF

1. This article introduces additional basis for the termination of the land lease agreement, in addition to those established by the GC.

Upon termination of the lease agreement, the tenant is obliged to return the land plot to the ownership of the landlord in the state, in which he received it, taking into account the "normal wear" or in a state due to the contract (Art. 622 of the Civil Code). If the tenant did not stop using the site within a period established by the Treaty, and without the consent of the lessor, although the latter insists on this termination, or stopped using a non-time, the landlord is entitled to require renting a rent for all times of delay. In the case when the paid fee does not cover the losses incurred by the landlord, it is entitled to claim their compensation.

Landlord on the basis of Art. 619 GK has the right to terminate the contract ahead of time, if the tenant:

- enjoys a land plot with a significant violation of the terms of the contract or the appointment of the land plot or with repeated disorders;

- significantly worsens the quality of lands;

- more than two times in a row no longer contributes rental.

The landlord has the right to demand from the tenant early depositing the rent in the event of a significant violation of the last period of application, unless otherwise provided by the lease agreement. At the same time, the landlord is not entitled to require early submission of rent for more than two times in a row (art. 614 of the Civil Code).

The lease agreement may also establish the conditions for termination of the contract on the initiative of the Lessor in accordance with paragraph 2 of Article 450 of the Civil Code of the Russian Federation, i.e. With a significant violation of the contract with the other party. A significant violation of the treaty is a violation that is affected for the other side of the damage, as a result of which it is largely deprived of what was entitled to count on concluding a contract. It means that the landlord may insist on the inclusion of the conditions under which it has the right to terminate the lease agreement ahead of schedule, if he foresides and wants to prevent possible substantial violations by the tenant of the treaty conditions. The list of these conditions depends on the content of a particular contract.

At the same time, the law requires the landlord before he continuously terminates the contract, sent a leaser warning about the need to fulfill its obligation within a reasonable period (Article 619 of the Civil Code).

At the request of the landlord, the lease agreement may be terminated by the court in cases where the tenant:

- enjoys property with a significant violation of the terms of the contract or the appointment of property or with repeated disorders;

- significantly worsens the property;

- more than two times in a row after the expiration of the payment term established by the contract does not contribute;

- Does not make capital repairs to the timeline established by the lease agreement, and in the absence of them in the contract - within a reasonable time, in cases where, in accordance with the law, other legal acts or the contract, the production of capital repairs is the responsibility of the tenant.

The lease agreement can also be established by other foundations of early termination of the contract at the request of the Lessor in accordance with paragraph 2 of Art. 450 GK.

In accordance with Art. 620 GK At the request of the tenant, the lease agreement may be terminated by the court in cases where:

1) the landlord does not provide property for the use of the tenant or creates obstacles to the use of property in accordance with the terms of the contract or the appointment of property;

2) The property transferred to the tenant has the disadvantages that have not been stipulated by the landlord when concluding the contract, were not known to the tenant and should not be detected by the tenant during the inspection of the property or verification of its health at the conclusion of the contract;

3) the landlord does not produce its duty overhaul of the property in the timing established by the lease agreement, and in the absence of them in the contract - within a reasonable time limit;

4) The property due to the circumstances for which the tenant does not respond, will be in a state uninhabitable for use.

The lease agreement may also be established by other grounds for early termination of the contract at the request of the tenant in accordance with paragraph 2 of Art. 450 GK.

The owner of the land plot is entitled to demand for the court that the owner of the real estate after the termination of the right to use the site freed him from real estate and led the site to the original state.

In cases where the demolition of a building or structure located on the land plot is prohibited in accordance with the law and other legal acts (residential buildings, monuments of history and culture, etc.) is either not subject to implementation due to the explicit excess of the value of the building or structure compared With the value of the land allotted under him, the court, taking into account the grounds for the termination of the right to use the land plot and, upon presentation of the relevant requirements, can recognize the right of the owner of the property for the acquisition of the land plot, where this property is located, or the right of the owner of the land plot for the purchase of the remaining on it real estate. The rules of the commented article are not applied in the seizure of the land plot for state or municipal needs (Art. 283 of the Civil Code), as well as the termination of the rights to land in due to its inappropriate use (Art. 286 of the Civil Code).

2 - 3. The article 2 of the commented article lists the grounds for the termination of the Rental Rent of the Land Register, associated with the violation of land legislation and requirements in the field of land protection, as well as in connection with the removal of land in public interest. In general, this list is similar to the foundations of the termination of other rights to land.

1. Rent a land plot is terminated on the grounds and in the manner provided for by civil law.

2.1. Along with these articles listed in paragraphs 1 and 2, the foundations of land rental may be discontinued at the request of the landlord in the event of termination of an integrated development agreement concluded for such a land plot or land plots formed from it, or in case of violation of the schedule for the development of this area, provided for by this Treaty.

2.2. Along with those specified in paragraphs 1 and 2 of this article, the foundations of land lease provided on the basis of an agreement on the development of the built-up territory, an agreement on the integrated development of the territory at the initiative of local self-government, or land plots formed from such a land plot, may be discontinued on demand Landlord In the event of termination of such a contract for the development of the built-up territory, the Treaty on the Complex Development of the Territory in connection with the failure to fulfill the person entered into the development agreement on the development of the built-up territory, the Treaty of Comprehensive Development of the Territory with the Local Self-Government Authority, provided for by such an agreement on the development of the built-up territory, the Treaty on Complex development of the territory of obligations.

2.3. Along with those listed in paragraphs 1 and 2 of this article, the recesses of the land plot included in the list of state property or a list of municipal property provided for by part 4 "on the development of small and medium-sized businesses in the Russian Federation" may be discontinued at the request of the Federal Executive Authority, respectively , the executive authority of the constituent entity of the Russian Federation, the local government body in accordance with Part 3 of Article 18 of the Federal Law.

2.4. Along with those specified in paragraph 1 of this article, the foundations of the lease of a land plot located in state or municipal property may be discontinued in accordance with Article 107 of this Code at the initiative of the tenant of such a land plot in the event of a zone with special conditions for the use of the territory, within the boundaries of which completely Or partly there is such a land plot if the use of such a land plot in accordance with its permitted use due to the establishment of a zone with special conditions of use of the territory is impossible.

3. Termination of the lease of a land plot based on the reasons specified in the second paragraph of sub-clause 1 of paragraph 2 of Article 45 of this Code, is not allowed:

1) during field agricultural work;

2) In other cases established by federal laws.

4. Rent a land plot located in state or municipal property, on the basis indicated in the seventh paragraph of subparagraph 1 of paragraph 2 of Article 45 of this Code, is terminated by one-sided refusal of the landlord from the lease agreement of such a land plot or executing a lease agreement of such a land plot subject to non-fulfillment The tenant of the relevant duties stipulated by Part 11, within the deadlines established by the decision on the demolition of the unauthorized construction or by the decision on the demolition of the unauthorized construction or its concern to the established requirements adopted in accordance with civil law, or non-fulfillment by the tenant of the obligations provided for by the contract for the lease of such a land plot In accordance with paragraph 7.1 of Article 39.8 or subparagraphs 12-14 of paragraph 21 of Article 39.11 of this Code, within a period established by the contract for the lease of such a land plot. Notice of unilateral refusal to the lease agreement of such a land plot or execution of a lease agreement of such a land plot is sent to the executive body of state authorities or by the local government authority provided for in Article 39.2 of this Code, within one month from the date of receipt from the local government of the settlement, the city district at the place of place Looking for a unauthorized construction or in case the unauthorized construction is located at the interface, the authority of the municipal district of the notification of the non-fulfillment of the specified duties on the period established by the decision on the demolition of the unauthorized construction or the decision on the demolition of the unauthorized construction or its alignment with the established requirements, or notifications On the non-fulfillment by the tenant of such obligations after the expiration of the term established to fulfill such obligations to the contract for the lease of such a land plot, except in cases indicated in paragraphs 5 and 7 Thoring article.

5. In the event that on the land plot, along with a unauthorized construction, other buildings, structures, objects of unfinished construction, the executive body or local government, provided for in Article 39.2 of this Code, are within a period not exceeding four months from the date of receipt by paragraph 4 of this article notice of non-fulfillment of duties or obligations, ensures the section of the original land plot in order to form a land plot, on which only unauthorized construction is located, provided that such a section is possible to implement without violating the requirements for the formed or modified land plots, and termination of the right Rental on such a land plot. At the same time, these bodies have the right to demand reimbursement of expenditures on the fulfillment of cadastral works from the tenant of the original land plot, and the tenant of the original land plot has no right to acquire the specified land plot for rent without trading.

The basis for the lease of a land plot provided on the basis of an agreement on the development of the built-up territory, the Treaty on the Complex Development of the Territory on the initiative of the local government, or land plots formed from such a land plot, may be discontinued at the request of the Lessor in the event of termination of such development agreements The built-up territory, the Treaty on the Complex Development of the Territory in connection with the failure to fulfill the person who has entered into an agreement on the development of the built-up territory, an agreement on the complex development of the territory with the local government body provided for by such an agreement on the development of the built-up territory, the agreement on the integrated development of the territory of obligations.

By virtue of Article 46 of the Land Code of the Russian Federation, the lease of land is terminated on the grounds and in the manner provided for by civil law, as well as on the grounds provided for in paragraph 2 of Article 45 of the Land Code of the Russian Federation, including in the event of non-use of the land plot intended for agricultural produced either housing or other construction, for these purposes for three years, if more long term Not established by federal law or the lease agreement of the land plot, except for the time required for the development of the land plot, as well as the time during which the land plot could not be used for its intended disaster or in view of other circumstances, excluding such use.

Land Code, N 136-FZ | Art. 46 ZK RF

Article 46 ZK RF. Founding of cessation of land lease (current edition)

1. Rent a land plot is terminated on the grounds and in the manner provided for by civil law.

2.3. Along with those listed in paragraphs 1 and 2 of this article, the rents of land plot included in the list of state property or a list of municipal property provided for in paragraph 4 of Article 18 of the Federal Law of July 24, 2007 N 209-FZ "On the development of small and medium-sized businesses in the Russian Federation "may be discontinued at the request of a federal executive body, the executive authority of the constituent entity of the Russian Federation, the local government body in accordance with Part 3 of Article 18 of the said federal law.

3. Termination of the lease of a land plot based on the reasons specified in the second paragraph of sub-clause 1 of paragraph 2 of Article 45 of this Code, is not allowed:

1) during field agricultural work;

2) In other cases established by federal laws.

5. In the event that on the land plot, along with a unauthorized construction, other buildings, structures, objects of unfinished construction, the executive body or local government, provided for in Article 39.2 of this Code, are within a period not exceeding four months from the date of receipt by paragraph 4 of this article notice of non-fulfillment of duties or obligations, ensures the section of the original land plot in order to form a land plot, on which only unauthorized construction is located, provided that such a section is possible to implement without violating the requirements for the formed or modified land plots, and termination of the right Rental on such a land plot. At the same time, these bodies have the right to demand reimbursement of expenditures on the fulfillment of cadastral works from the tenant of the original land plot, and the tenant of the original land plot has no right to acquire the specified land plot for rent without trading.

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Comment to Art. 46 ZK RF

1. Rent a land plot is an agreement, and therefore it applies to general rules for the termination of the lease agreement established by the Civil Code of the Russian Federation.

The lease agreement under the general rule lies for a certain period and is terminated accordingly after this period. At the same time, unless otherwise provided by law or the lease agreement, the tenant properly fulfilled his duties, it also has the right to enter into a lease agreement for a new term, with other people equal conditions.

If the lease term in the contract is not defined, then according to Art. 610 of the Civil Code Each of the Parties is entitled at any time to abandon the contract, warning about this other side for 3 months (law or contract can be established a different period for such a warning).

As you know, for separate species Rental by law is set to maximum (limit) terms of the contract: for example, in accordance with Art. 22 ZK RF Land Plot may be transferred for state or municipal needs either for survey work for rent for a period of no more than one year. In such cases, the lease agreement is terminated after this deadline.

The transfer of ownership of ownership of the land plot to another person does not serve as a basis for changing or terminating the lease agreement (paragraph 1 of Art. 617 of the Civil Code of the Russian Federation). However, the lease agreement of the land plot is terminated in the event of a citizen who leases this site, if the law or contract of law under the lease agreement cannot go to the heir.

The lease agreement of the land plot may be changed or terminated by agreement of the parties (unless otherwise provided by law or contract). The early termination of the Treaty on the initiative of one of the parties is carried out only by the court decision in cases established by the Civil Code of the Russian Federation (Art. Article 619 and 620), or the lease agreement directly.

At the request of the landlord, the lease agreement may be terminated by the court in cases where the tenant:

enjoys the property with a significant violation of the terms of the contract or the appointment of property or with repeated disorders;

significantly worsens the property;

more than two times in a row after the payment of the payment period established by the Treaty does not contribute;

does not make capital repairs in the scheduled timing of the lease term, and in the absence of them in a contract within a reasonable time in cases where, in accordance with the law, other legal acts or the contract, the production of capital repairs is the responsibility of the tenant.

At the same time, the landlord has the right to demand early termination of the contract only after the direction of the tenant of the written warning on the need to fulfill its obligation within a reasonable time.

As for duties on overhaul The leased property referred to in the Civil Code of the Russian Federation, then it seems to them in land legal relations correspond to the obligation to conduct measures to improve the quality of land, on the protection of soils from the wind, water erosion and the prevention of other processes, worsening the state of soil. According to the lease agreement, as well as by the law or other legal act, it can be assigned both on the tenant and for the landlord. If such a responsibility is assigned to the tenant, and it is within the tentences established by the lease agreement (and in the absence of them in the contract - within a reasonable time limit) does not hold these events, the landlord has the right to raise the issue of early termination of the contract. If this duty of the contract is entrusted with the landlord, then its failure to comply with the basis for the tenant to require early termination of the contract.

In addition, at the request of the tenant, the lease agreement may be terminated early in cases where:

the landlord does not provide the property for the use of the tenant or creates obstacles to the use of property in accordance with the terms of the contract or the appointment of property;

the property transferred to the tenant has the disadvantages that have not been stipulated by the landlord when concluding the contract, were not known to the tenant and should not be detected by the tenant during the inspection of property or verification of its health at the conclusion of the contract;

the property due to the circumstances for which the tenant does not respond, will be in a state unsuitable for use.

An example of the fact that the land plot has drawbacks that could not be detected at the conclusion of the contract, it is an annual flooding for a flood; And the land plot unsuitable for use can be, for example, as a result of a technogenic catastrophe, radioactive contamination.

As noted, the lease agreement of a particular land plot can also establish other grounds for early termination of the contract, and these foundations may not be associated with any violations by the tenant or the lessor.

2. The Land Code provides for an additional possibility of stopping the lease of a land plot on the initiative of the Lessor mainly on the same grounds as the forced termination of the right of life inherited ownership and the right of permanent (perpetual) use (see Comment on Art. 45), except those violations, Which in principle cannot be completed by the tenant: non-land tax (the landlord is paid), violations of the established regime of the use of land with special conditions of use (the landlord is responsible for compliance with this regime, it is obliged to make special conditions in the landlockery agreement).

Judicial practice under Article 46 ZK RF:

Since the essence of the violation is to failure of the land plot for construction, the parties' relationship is subject to evaluation, taking into account the requirements of paragraph 4 of part 2 of Article 46 of the Land Code of the Russian Federation (hereinafter - the RF Rode), according to which the time is subject to the time during which the time is subject to non-use The land plot could not be used as an integration due to the circumstances excluding such use ...
Supreme Court decision: Definition N 305-ES16-2309, Judicial Collegium for Economic Disputes, Cassation
Under such circumstances, the court of first instance concluded that society uses the land plot to be properly for the construction purposes and applied to the relations of the parties paragraph 4 of Part 2 of Article 46 of the Land Code of the Russian Federation (hereinafter - the RF RC), according to which non-use from the time is subject to The time during which the land plot could not be used to be appointed due to the circumstances excluding such use ...
Supreme Court decision: Definition N 302-ES15-14817, Judicial Collegium for Economic Disputes, Cassation
The Department appealed to the Arbitration Court with a present lawsuit. Satisfying the stated requirements, the courts legally proceeded from the following. According to paragraph 1 of Article 46 of the Land Code of the Russian Federation, the lease of a land plot is terminated on the grounds and in the manner provided for by civil law ...

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New edition of Art. 46 ZK RF

1. Rent a land plot is terminated on the grounds and in the manner provided for by civil law.

2.2. Along with those specified in paragraphs 1 and 2 of this article, the grounds for renting a land plot provided on the basis of an agreement on the integrated development of the territory at the initiative of the local self-government body, or land plots formed from such a land plot may be terminated at the request of the landlord in case of termination of such a contract. On the integrated development of the territory in connection with the failure to fulfill the person who has concluded the said agreement with the local government authority provided for by such a contract of obligations.

3. Termination of the lease of a land plot based on the reasons specified in the second paragraph of sub-clause 1 of paragraph 2 of Article 45 of this Code, is not allowed:

1) during field agricultural work;

2) In other cases established by federal laws.

5. In the event that on the land plot, along with a unauthorized construction, other buildings, structures, objects of unfinished construction, the executive body or local government, provided for in Article 39.2 of this Code, are within a period not exceeding four months from the date of receipt by paragraph 4 of this article notice of non-fulfillment of duties or obligations, ensures the section of the original land plot in order to form a land plot, on which only unauthorized construction is located, provided that such a section is possible to implement without violating the requirements for the formed or modified land plots, and termination of the right Rental on such a land plot. At the same time, these bodies have the right to demand reimbursement of expenditures on the fulfillment of cadastral works from the tenant of the original land plot, and the tenant of the original land plot has no right to acquire the specified land plot for rent without trading.

Comments on Article 46 ZK RF

The item is the first comment on the subject of the grounds and the procedure for the cessation of the land lease refers to civil law. So the lease agreement terminates:

due to the expiration of the lease agreement (within sense of paragraph 1 of Art. 610 of the Civil Code);

in connection with the refusal to the contract, if it is concluded for an indefinite period (paragraph 2 of Art. 619 of the Civil Code);

in connection with the expiration of the deadline, established by law (paragraph 3 of Art. 619 GK);

ahead of schedule at the request of the Lessor (Art. 619 GK);

early under the requirements of the tenant (Art. 620 GK).

The clause of the second commentated article refers to additional reasons for the cessation of the lease of a land plot, which, although in the GC, are not given, but are directly listed in paragraph 2 of Art. 45 ZK.

Another comment to Art. 46 Land Code of the Russian Federation

The commented article, reflecting the specifics of regulating rental relations in the field of land use, establishes the basis for the termination of the land lease agreement. Such grounds may be cases provided for in both civil and land legislation.

Since the lease agreement of any property (land plot) provides for its transfer to temporary use, Art. 610 of the Civil Code of the Russian Federation enshrines the general rule that the lease period is determined by agreement of the parties in the contract.

Paragraph 2 610 of the Civil Code of the Russian Federation admits the conclusion of the contract without specifying its term. In this case, it is considered concluded indefinitely. When concluding a contract for an indefinite period, each of the parties have the right to refuse the contract, warning about the other party in one month, and during the lease of real estate - in three months. The law or contract can be established for a different period for preventing the termination of the lease agreement concluded indefinitely.

In accordance with paragraph 3 of Art. 610 of the Civil Code of the Russian Federation is allowed to establish in the law of maximum (limit) deadlines for certain types of leases and for lease of certain types of property. In these cases, if the lease term in the contract is not determined and none of the parties abandoned the Treaty before the expiration of the deadline established by law, the agreement on the expiration of the limit term is terminated.

One of the most important principles for regulating rental relations is the rule of Art. 617 of the Civil Code of the Russian Federation on the preservation of the lease agreement in force when changing the parties. Thus, the transition of ownership (economic management, operational management, lifelong inherited ownership) on the leased property to another person is not a reason for changing or terminating the lease agreement.

Paragraph 2 617 of the Civil Code of the Russian Federation contains a norm guaranteeing the rights of citizens-heirs. In the event of the death of a citizen - a tenant of real estate (land plot) of his rights and obligations under the lease agreement, go to the heir if the law or contract is not provided otherwise.

However, it should be noted that the rights and obligations under this Agreement cannot move to the face, which is in the prescribed manner deprived of the right to receive inheritance. If there are a few heirs, the question of the transition of the tenant's rights can be resolved by them by mutual agreement, and if it is unresponsible - in court. The landlord is not entitled to refuse the heir to enter into an agreement for the remainder of its action, except when the conclusion of the contract was due to the personal qualities of the tenant.

The lease agreement of the land plot may be terminated by the court at the request of the lessor in cases where the tenant: uses a land plot with a significant violation of the contract conditions or with repeated disorders; significantly worsens the land plot; More than two times in a row after the expiration of the payment period established by the Treaty does not contribute a rent (Art. 619 of the Civil Code of the Russian Federation).

According to Art. 620 of the Russian Federation At the request of the tenant, the land lease agreement may continue to terminate the court in cases when: the landlord does not provide land for the use of the lessee or creates obstacles to the use of a plot in accordance with the terms of the contract or the target purpose of the land plot; Land transferred to the tenant has disadvantages that have not been stipulated by the landlord when concluding the contract, were not known to the tenant and should not be detected by the tenant during the inspection of the site at the conclusion of the contract; Land due to circumstances, for which the tenant does not respond, will be in a state that is not suitable for use. The lease agreement can also be established other grounds for early termination of the contract, both at the request of the landlord and the requirement of the tenant.

Clause 2 of the commented article provides for additional basis for termination of the land lease agreement at the request of the landlord. These include, for example, cases of the use of land not on the intended purpose and use of the land plot in such a way that this leads to a significant decrease in the fertility of agricultural land or to a significant deterioration in the environmental situation, etc.

The following features of the termination of the lease agreement include the rule, according to which the termination of the lease agreement is not allowed during field agricultural work, as well as in other cases provided for by federal laws, if the use of the land plot leads to a significant decrease in the fertility of agricultural land or to a significant deterioration in the environmental situation, those. In the presence of the base provided for by sub. 2 p. 2 commented articles.

According to paragraph 9 of Art. 22 ZK RF Early termination of a land lease agreement concluded for more than five years, at the request of the lessor, it is possible only on the basis of a court decision with a significant violation of the lease agreement of the land plot of its tenant.

In this regard, in paragraph 23 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation of March 24, 2005, N 11 "On some issues related to the application of land legislation" it is indicated that when applying by arbitration courts of paragraph 9 of Art. 22 of the RF RC, which admits an early termination of the land lease agreement concluded for more than five years, at the request of the Lessor only on the basis of a court decision with a significant violation of the terms of the contract by the Tenant, it is necessary to be guided by the following.

The circumstances specified in Art. 619 of the Civil Code of the Russian Federation, can serve as a basis for the early termination of the land lease agreement only when they can be qualified as significant violations of the land lease agreement. Can not serve as a basis for meeting the requirements of the landlord about the early termination of the land lease agreement the fact of a significant violation of the contract, if such a violation (its consequences) is eliminated by the Tenant within a reasonable time.

In accordance with Art. 6 of the Federal Law "On the turnover of land agricultural land" Forced cessation of land lease from agricultural land is carried out in accordance with the requirements of ZK and GK.

According to Art. 9 of the LA of the Russian Federation The right to lease of forest sites is terminated on the grounds and in the manner provided for by civil law, the legislation of the Russian Federation on concession agreements and land law, unless otherwise provided by the Forest Code of the Russian Federation.

The special basis for the termination of the lease agreement of the land plot and the forest site is provided in Art. 11 of the Federal Law "On Concession Agreements". The land plot on which the object of the concession agreement is located and (or), which is necessary for the implementation of the concessionaire; Forestry (construction of hydraulic structures and specialized ports, power lines, communication lines, roads, pipelines and other linear objects, physical culture and wellness, sports and sporting and technical structures), water object (construction of berths, shipping and ship repairing structures, stationary and ( or) floating platforms and artificial islands, hydraulic structures, bridges, underwater and underground transitions, pipelines, underwater lines of communication, other linear objects, underwater communications, dredging, explosive, drilling and other works associated with the change in the bottom and shores of water bodies) , the subsoil area (construction and operation of underground structures that are not related to mineral mining) necessary to create and (or) the reconstruction of the object of the concession agreement and (or) to carry out activities provided for by the concession agreement, are provided by the concessionaire for rent (sublease) or On other legitimate basis, in accordance with land, forest, water law, the legislation of the Russian Federation on subsoils for a period that is established by the concession agreement and cannot exceed the term of the concession agreement.

The termination of the concession agreement is the basis for termination of the rights provided by the concessionaire in relation to the land plot, the forest area, the water site, the subsoil site.

Similar to its essence, the foundation of the termination of the land lease is enshrined in the Federal Law "On Special Economic Zones in the Russian Federation". So, paragraph 5 of Art. 21 of the current law provides that in case of termination of the agreement on the conduct of industrial and production activities, the lease agreement of state and (or) municipal property and the lease agreement of the land plot concluded under the conditions provided for by the agreement on the conduct of industrial and production activities are terminated. According to paragraph 5 of Art. 31 of the above law in the event of termination of the Agreement on the conduct of technical and innovation activities, the effect of the lease of state and (or) municipal property and the lease agreement of the land plot concluded under the conditions provided for by the agreement on the conduct of technical and innovation activities is stopped. In case of termination of the agreement on the implementation of tourist ski-recreational activities, the lease agreement of state or municipal real estate and the lease agreement of the land plot concluded under the conditions provided for by the agreement on the implementation of tourist and recreational activities are terminated (paragraph 5 of Article 31.10 of the Law). In accordance with Art. 31.20 The person called the person lost the status of a resident of the port special economic zone, including in connection with the early termination of the Agreement on the implementation of activities in the port special economic zone, is not entitled to carry out entrepreneurial activities in a special economic zone on general reasons. At the same time, the lease agreement of the land is subject to termination. In case of termination of the agreement on the implementation of activities in the port special economic zone, the contract for the lease of state and (or) municipal property and the land lease agreement is terminated under the conditions provided for in such agreement.

Features of termination of the land lease agreement are indicated in Art. 15 of the Federal Law "On Promoting Housing Development". So, in case the date of the transfer of state authorities of the subjects of the Russian Federation, the implementation of the powers of the Russian Federation for the management and disposal of land plots or to the date of transfer of such land plots to the property of the Federal Fund for the Development of Housing Development Located in the Federal Property Property Under the lease agreement or the contract of gratuitous urgent use of the organization, such an agreement is subject to early termination or termination by the court decision, regardless of the grounds provided for by the GC, when applying to the court of state authority of the subject of the Russian Federation or the Fund.