L Land plots. Ownership right to a land plot Civil Code right to a land plot
New edition of Art. 261 Civil Code of the Russian Federation
1. Lost power.
2. Unless otherwise established by law, the right of ownership of a land plot extends to the surface (soil) layer and water bodies located within the boundaries of this plot, and the plants located on it.
3. The owner of a land plot has the right to use, at his own discretion, everything that is above and below the surface of this plot, unless otherwise provided by laws on subsoil, on the use of air space, other laws and does not violate the rights of other persons.
Commentary to Art. 261 Civil Code of the Russian Federation
1. Before a land plot becomes the object of ownership in civil legal relations, it must be individualized in land legal relations - the purpose of its use, size (area) and boundaries (location), and its cadastral number are determined. The conditions and procedure for the formation of a land plot are provided for by land legislation.
2. State acts, certificates and other documents certifying rights to land and issued to citizens or legal entities before the entry into force of the Federal Law “On State Registration of Rights to Real Estate and Transactions with It” have equal legal force with entries in the Unified State Register of Rights on real estate and transactions with it.
3. In accordance with Art. 8 of the Forest Code, forest areas within the forest fund lands can only be in federal ownership.
Special law.
Forest Code of the Russian Federation (Federal Law of December 4, 2006 N 201-FZ).
4. According to Art. 40 of the Land Code, the owner of a land plot has the right of ownership to crops and plantings of agricultural crops, received agricultural products and income from their sale, with the exception of cases where he transfers the land plot for rent, permanent (indefinite) use or lifelong inheritable possession or gratuitous fixed-term use. It follows from this that the owner of the land plot does not have ownership rights to the forest growing on his plot.
Judicial practice.
The object of land ownership is land plots, which represent part of the land surface within the borders of the territory of the Russian Federation. As for the use of natural resources located within the boundaries of the land plot, the owner, in accordance with Art. 40 of the Land Code receives certain rights over them, also listed in the Water and Forestry Codes. Subsoil plots within the boundaries of a land plot are state property and cannot be the subject of purchase, sale, donation, inheritance, contribution, pledge or alienation in any other form (Article 1.2 of the Law of the Russian Federation “On Subsoil”) (Resolution of the Constitutional Court of the Russian Federation dated April 23, 2004 N 8-P).
Another comment on Art. 261 of the Civil Code of the Russian Federation
1. The land plot is a real estate property and in accordance with Art. 128 of the Civil Code - the object of civil rights. A land plot is a part of the earth's surface that has boundaries. Thus, establishing boundaries (along with location) is not only a means of individualizing a land plot, but also a way of creating the object of law itself.
Borders are established in a certain order, in particular by land surveying.
When registering a land plot for cadastral registration, information about previously registered land plots and information about the formed parts of land plots, registered and the type of their descriptions are used. The description is a document drawn up on the basis of survey materials and other land management documentation on the formation of newly formed (formation of new) land plots or clarification of information about previously registered land plots. When preparing descriptions, urban planning and other documentation is used, containing information necessary for state cadastral registration of land plots.
The description must contain information about the location, area, category of land and permitted use of land plots, as well as a description of the boundaries of land plots and their individual parts. The description contains a drawing of the land plot, a description of the boundaries and other details (Requirements for the preparation of documents on land surveying submitted for registration of land plots for state cadastral registration, approved by Order of Roszemkadastr dated October 2, 2002 N P/327 // BNA RF. 2002. N 48 ).
2. The right of ownership covers only the plane of the land plot, the surface (soil) layer, as well as the reservoirs, forest and plants located on the plot.
What is located under and above the land plot can be used by the owner to the extent that the laws on subsoil, on the use of air space, and other laws do not otherwise provide. This means that the imaginary "pillar" extending up and down the property does not belong to the owner of the property. The owner uses what is in this space due to his ownership of the site itself, and therefore has more grounds for this than other persons. In Art. 40 of the Land Code indicates the right of the owner to use, in the prescribed manner for his own needs, the common minerals available on the land plot, fresh groundwater, as well as closed reservoirs. If special laws (on subsoil, airspace, etc.) establish special rules governing the use of this space, the owner will have to obey them. In Art. 261 does not provide for any advantages granted to the owner of a land plot in relation to the subsoil or airspace located above his plot.
3. The indication that the use of the site must be carried out without violating the rights of other persons essentially repeats the norm of paragraph 3 of Art. 209 Civil Code.
If another person uses the subsoil or air space above the owner’s plot, without having the rights to do so, but only citing the fact that this space does not belong to the owner of the land plot, then.
Article 260. General provisions on land ownership
1. Persons who own a plot of land have the right to sell it, donate it, pledge it or lease it and otherwise dispose of it (Article 209) insofar as the relevant lands are not excluded from circulation or limited in circulation on the basis of law.
2. On the basis of the law and in the manner established by it, lands for agricultural and other special purposes are determined, the use of which for other purposes is not allowed or is limited. The use of a land plot classified as such land can be carried out within the limits determined by its intended purpose.
Footnote removed. - Federal Law of April 16, 2001 N 45-FZ.
Article 261. Land plot as an object of ownership
1. Lost power. - Federal Law of December 4, 2006 N 201-FZ.
2. Unless otherwise established by law, the right of ownership of a land plot extends to the surface (soil) layer and water bodies located within the boundaries of this plot, and the plants located on it.
(as amended by Federal Laws dated 03.06.2006 N 73-FZ, dated 04.12.2006 N 201-FZ)
3. The owner of a land plot has the right to use, at his own discretion, everything that is above and below the surface of this plot, unless otherwise provided by laws on subsoil, on the use of air space, other laws and does not violate the rights of other persons.
Article 262. Land plots for public use. Access to the land plot
1. Citizens have the right to freely, without any permission, be on land plots that are not closed to public access and are in state or municipal ownership, and to use the natural objects available on these plots to the extent permitted by law and other legal acts, as well as by the owner the corresponding land plot.
2. If the land plot is not fenced or its owner has not otherwise clearly indicated that entry to the plot without his permission is not permitted, any person may pass through the plot, provided that this does not cause damage or disturbance to the owner.
Article 263. Land development
1. The owner of a land plot may erect buildings and structures on it, carry out their reconstruction or demolition, and permit construction on his plot by other persons. These rights are exercised subject to compliance with urban planning and construction norms and rules, as well as requirements regarding the intended purpose of the land plot (clause 2 of Article 260).
(as amended by Federal Law No. 118-FZ dated June 26, 2007)
2. Unless otherwise provided by law or agreement, the owner of a land plot acquires the right of ownership to a building, structure and other real estate erected or created by him for himself on the plot belonging to him.
The consequences of unauthorized construction carried out by the owner on a plot of land belonging to him are determined by Article 222 of this Code.
Article 264. Rights to land of persons who are not owners of land plots
1. Land plots may be provided by their owners to other persons on the terms and in the manner provided for by civil and land legislation.
(Clause 1 as amended by Federal Law dated June 26, 2007 N 118-FZ)
2. A person who is not the owner of a land plot exercises his rights of ownership and use of the plot on the terms and within the limits established by law or an agreement with the owner.
3. The owner of a land plot who is not the owner does not have the right to dispose of this plot, unless otherwise provided by law.
(as amended by Federal Law No. 118-FZ dated June 26, 2007)
Article 265. Grounds for acquiring the right to lifelong inheritable ownership of a land plot
The right to lifelong inheritable ownership of a land plot in state or municipal ownership is acquired by citizens on the grounds and in the manner provided for by land legislation.
Article 266. Possession and use of a land plot on the right of lifelong inheritable possession
1. A citizen who has the right of lifelong inheritable ownership (the owner of a land plot) has the rights of ownership and use of a land plot, transmitted by inheritance.
2. Unless otherwise follows from the conditions for use of a land plot established by law, the owner of the land plot has the right to erect buildings, structures and other real estate on it, acquiring ownership rights to it.
Article 267. Disposal of a land plot that is in lifelong inheritable possession
(as amended by Federal Law No. 118-FZ dated June 26, 2007)
Disposal of a land plot that is in lifelong inheritable possession is not permitted, except in the case of transfer of the right to a land plot by inheritance.
Article 268. Grounds for acquiring the right to permanent (perpetual) use of a land plot
1. The right to permanent (indefinite) use of a land plot in state or municipal ownership is granted to persons specified in the Land Code of the Russian Federation.
(Clause 1 as amended by Federal Law dated June 23, 2014 N 171-FZ)
2. Lost power. - Federal Law of June 26, 2007 N 118-FZ.
3. In the event of reorganization of a legal entity, the right of permanent (indefinite) use of a land plot belonging to it shall be transferred through the procedure of legal succession.
(as amended by Federal Law No. 118-FZ dated June 26, 2007)
Article 269. Ownership and use of land on the right of permanent (perpetual) use
(as amended by Federal Law No. 118-FZ dated June 26, 2007)
1. A person to whom a land plot is granted for permanent (indefinite) use shall own and use this plot within the limits established by law, other legal acts and the act on granting the plot for use.
(as amended by Federal Law No. 118-FZ dated June 26, 2007)
2. A person to whom a land plot is granted for permanent (indefinite) use has the right, unless otherwise provided by law, to independently use the plot for the purposes for which it is provided, including the construction of buildings, structures and other real estate on the plot for these purposes. Buildings, structures, and other real estate created by this person for himself are his property.
(as amended by Federal Law No. 118-FZ dated June 26, 2007)
3. Persons to whom land plots are provided for permanent (indefinite) use do not have the right to dispose of such land plots, except in cases of concluding an agreement on the establishment of an easement and transferring the land plot for free use to a citizen in the form of a service allotment in accordance with the Land Code of the Russian Federation.
(Clause 3 introduced by Federal Law dated June 23, 2014 N 171-FZ)
Article 270. Lost power. - Federal Law of December 4, 2006 N 201-FZ.
Article 271. The right to use the land plot by the property owner
1. The owner of a building, structure or other real estate located on a land plot owned by another person has the right to use the land plot provided by such person for this real estate.
(as amended by Federal Law No. 118-FZ dated June 26, 2007)
The paragraph is no longer valid. - Federal Law of June 26, 2007 N 118-FZ.
2. When the ownership of real estate located on someone else’s land plot is transferred to another person, he acquires the right to use the corresponding land plot on the same conditions and to the same extent as the previous owner of the property.
(as amended by Federal Law No. 118-FZ dated June 26, 2007)
Note:
On the issue concerning the transfer of the right to a land plot when transferring the right to real estate, see also Article 35 of the Land Code of the Russian Federation.
The transfer of ownership of a land plot is not the basis for termination or change of the right to use this plot belonging to the owner of the real estate.
3. The owner of real estate located on someone else’s land plot has the right to own, use and dispose of this real estate at his own discretion, including demolishing the relevant buildings and structures, insofar as this does not contradict the conditions for use of this plot established by law or agreement.
Article 272. Consequences of a property owner losing the right to use a land plot
1. Upon termination of the right to use a land plot granted to the owner of the real estate located on this plot (Article 271), the rights to the real estate left by its owner on the land plot are determined in accordance with an agreement between the owner of the plot and the owner of the corresponding real estate.
2. In the absence or failure to reach an agreement specified in paragraph 1 of this article, the consequences of termination of the right to use the land plot are determined by the court at the request of the owner of the land plot or the owner of the real estate.
The owner of a land plot has the right to demand in court that the owner of the property, after termination of the right to use the plot, release him from the property and restore the plot to its original condition.
In cases where the demolition of a building or structure located on a land plot is prohibited in accordance with the law and other legal acts (residential buildings, historical and cultural monuments, etc.) or cannot be carried out due to the obvious excess cost of the building or structure compared with the value of the land allocated for it, the court, taking into account the grounds for termination of the right to use the land plot and upon presentation of relevant demands by the parties, may:
recognize the right of the owner of real estate to acquire ownership of the land plot on which this real estate is located, or the right of the owner of the land plot to acquire the remaining real estate on it, or
establish the conditions for the use of the land plot by the property owner for a new period.
3. The rules of this article do not apply upon termination of a lease agreement for a land plot that is in state or municipal ownership and on which an unfinished construction project is located (Article 239.1), when withdrawing a land plot for state or municipal needs (Article 279), as well as termination of rights to a land plot due to its non-use for its intended purpose or use in violation of the legislation of the Russian Federation.
(as amended by Federal Laws dated June 23, 2014 N 171-FZ, dated December 31, 2014 N 499-FZ, dated July 3, 2016 N 354-FZ)
Article 273. Transfer of rights to a land plot upon alienation of buildings or structures located on it
When transferring ownership of a building or structure that belonged to the owner of the land plot on which it is located, the owner of the building or structure passes to the owner of the land plot occupied by the building or structure and necessary for its use, unless otherwise provided by law.
(as amended by Federal Law No. 118-FZ dated June 26, 2007)
Part two is no longer valid. - Federal Law of June 26, 2007 N 118-FZ.
Note:
For some practical issues in cases of establishing an easement on a land plot, see Review of the judicial practice of the Supreme Court of the Russian Federation.
Article 274. The right to limited use of someone else’s land plot (easement)
1. The owner of real estate (land plot, other real estate) has the right to demand from the owner of a neighboring land plot, and, if necessary, from the owner of another land plot (adjacent plot), to grant the right to limited use of the neighboring plot (easement).
An easement may be established to ensure passage and passage through a neighboring land plot, construction, reconstruction and (or) operation of linear objects that do not interfere with the use of the land plot in accordance with the permitted use, as well as other needs of the owner of real estate that cannot be provided without establishing easement.
(as amended by Federal Law dated June 23, 2014 N 171-FZ)
2. Encumbering a land plot with an easement does not deprive the owner of the plot of the rights of ownership, use and disposal of this plot.
3. An easement is established by agreement between the person requiring the establishment of an easement and the owner of the neighboring plot and is subject to registration in the manner established for the registration of rights to real estate. If no agreement is reached on the establishment or conditions of the easement, the dispute is resolved by the court at the request of the person demanding the establishment of the easement.
4. Under the conditions and in the manner provided for in paragraphs 1 and 3 of this article, an easement may also be established in the interests and at the request of the person to whom the plot is allocated on the right of lifelong inheritable possession or the right of permanent (perpetual) use, and other persons in cases provided for by federal laws.
(as amended by Federal Laws dated June 26, 2007 N 118-FZ, dated December 30, 2008 N 311-FZ)
5. The owner of a plot encumbered with an easement has the right, unless otherwise provided by law, to demand from the persons in whose interests the easement is established a proportionate payment for the use of the plot.
6. In cases provided for by law, an easement is established by agreement between the person requiring the establishment of the easement and the person to whom the land plot is in state or municipal ownership, if this is permitted by land legislation. In this case, the rules provided for by this article and Articles 275 and 276 of this Code for the owner of such a land plot are applied to the person who is provided with a land plot in respect of which an easement is established.
(Clause 6 introduced by Federal Law dated June 23, 2014 N 171-FZ)
Article 275. Preservation of an easement during the transfer of rights to a land plot
1. An easement is preserved in the event of the transfer of rights to a land plot that is burdened with this easement to another person, unless otherwise provided by this Code.
2. An easement cannot be an independent subject of sale or purchase, or a pledge, and cannot be transferred in any way to persons who are not the owners of the real estate to ensure the use of which the easement was established.
Article 276. Termination of easement
1. At the request of the owner of a land plot encumbered with an easement, the easement may be terminated due to the disappearance of the grounds on which it was established.
2. In cases where a land plot owned by a citizen or legal entity, as a result of being encumbered with an easement, cannot be used in accordance with the intended purpose of the plot, the owner has the right to demand in court the termination of the easement.
(as amended by Federal Law No. 118-FZ dated June 26, 2007)
Article 277. Encumbrance of easement on buildings and structures
In relation to the rules provided for in Articles 274 - 276 of this Code, an easement may be encumbered by buildings, structures and other real estate, the limited use of which is necessary regardless of the use of the land plot.
Article 278. Foreclosure of a land plot
Foreclosure of a land plot for the obligations of its owner is permitted only on the basis of a court decision.
Note:
On the issue of seizure of a land plot for state or municipal needs, see also paragraph 2 of Article 26 of the Federal Law of December 31, 2014 N 499-FZ.
Article 279. Withdrawal of a land plot for state or municipal needs
(as amended by Federal Law dated December 31, 2014 N 499-FZ)
1. Confiscation of a land plot for state or municipal needs is carried out in cases and in the manner provided for by land legislation.
2. As a result of the seizure of a land plot for state or municipal needs, the following is carried out:
1) termination of the right of ownership of a citizen or legal entity to such a plot of land;
2) termination of the right of permanent (perpetual) use, lifelong inheritable possession of a land plot in state or municipal ownership;
3) early termination of a lease agreement for a land plot located in state or municipal ownership, or an agreement for the gratuitous use of such a land plot.
3. The decision to withdraw a land plot for state or municipal needs is made by federal executive authorities, executive authorities of constituent entities of the Russian Federation or local government bodies determined in accordance with land legislation.
4. From the date of termination of the rights to the seized land plot of the previous right holder, the easement, pledge established in relation to such a land plot, as well as agreements concluded by this right holder in relation to such a land plot are terminated. Easements established in relation to the withdrawn land plot are preserved if the use of such land plot under the terms of the easement does not contradict the purposes for which the land plot is withdrawn.
If the seizure of a land plot for state or municipal needs makes it impossible for the owner of the land plot to fulfill other obligations to third parties, including obligations based on agreements concluded by the owner of the land plot with such persons, a decision on the seizure of the land plot for state or municipal needs constitutes grounds for termination of these obligations.
5. The legal owner of the land plot must be notified of the decision made to seize the land plot for state or municipal needs in accordance with land legislation.
Note:
On the preparation and conclusion of an agreement on the seizure of a land plot, see paragraph 1 of Article 26 of the Federal Law of December 31, 2014 N 499-FZ.
6. The terms, amount of compensation and other conditions under which the withdrawal of a land plot for state or municipal needs is carried out are determined by the agreement on the withdrawal of the land plot and the real estate located on it for state or municipal needs (hereinafter referred to as the withdrawal agreement). In case of forced seizure, such conditions are determined by the court.
Article 280. Use and disposal of a land plot subject to seizure for state or municipal needs
(as amended by Federal Law dated December 31, 2014 N 499-FZ)
Persons whose rights to a land plot are terminated due to its seizure for state or municipal needs, until the day of termination of these rights, own, use and dispose of such land plot in accordance with the law at their own discretion. At the same time, the persons specified in this article bear the risk of attributing to them the costs and losses associated with the construction, reconstruction of buildings, structures, implementation of inseparable improvements, from the day they are notified of the decision made to seize a land plot for state or municipal needs in accordance with land legislation.
Article 281. Compensation for seized land
(as amended by Federal Law dated December 31, 2014 N 499-FZ)
1. For a land plot seized for state or municipal needs, its owner is provided with compensation.
2. When determining the amount of compensation for the seizure of a land plot for state or municipal needs, it shall include the market value of the land plot, the ownership of which is subject to termination, or the market value of other rights to the land plot subject to termination, and losses caused by the seizure of such land plot , including lost profits, and determined in accordance with federal legislation.
If, simultaneously with the seizure of a land plot for state or municipal needs, real estate objects located on such a land plot and belonging to the right holder of this land plot are seized, the compensation for the seized property includes the market value of the real estate objects, the ownership of which is subject to termination, or the market value of other rights to real estate subject to termination.
3. If there is the consent of the person from whom the land plot is being seized, the agreement on seizure may provide for the provision to this person of another land plot and (or) other real estate on the terms and in the manner determined by law, with the cost of such land plot offset and (or) other real estate or rights to them in the amount of compensation for the seized land plot.
4. Forced seizure of a land plot for state or municipal needs is permitted subject to prior and equivalent compensation.
Article 282. Seizure of a land plot for state or municipal needs by court decision
(as amended by Federal Law dated December 31, 2014 N 499-FZ)
1. If the right holder of the confiscated land plot has not concluded an agreement on confiscation, including due to disagreement with the decision to confiscate the land plot from him, forced confiscation of the land plot for state or municipal needs is permitted.
2. Forced seizure of a land plot for state or municipal needs is carried out by court decision. A claim for the forced seizure of a land plot for state or municipal needs may be brought to court during the validity period of the decision on the seizure of a land plot for state or municipal needs. In this case, the specified claim cannot be filed earlier than before the expiration of ninety days from the date the owner of such land plot received the draft agreement on seizure.
Article 283. Lost force on April 1, 2015. - Federal Law of December 31, 2014 N 499-FZ.
Article 284. Confiscation of a land plot that is not used for its intended purpose
A land plot may be seized from the owner in cases where the plot is intended for agriculture or housing or other construction and is not used for its intended purpose for three years, unless a longer period is established by law. This period does not include the time required for development of the site, except in cases where the land plot relates to agricultural land, the turnover of which is regulated by Federal Law of July 24, 2002 N 101-FZ "On the turnover of agricultural land", as well as the time , during which the site could not be used for its intended purpose due to natural disasters or other circumstances precluding such use.
Article 285. Seizure of a land plot used in violation of the legislation of the Russian Federation
(as amended by Federal Law dated July 3, 2016 N 354-FZ)
A land plot may be seized from the owner if the use of the plot is carried out in violation of the requirements of the legislation of the Russian Federation, in particular, if the plot is not used for its intended purpose or its use leads to a significant decrease in the fertility of agricultural land or harm to the environment.
Article 286. The procedure for the seizure of a land plot not used for its intended purpose or used in violation of the legislation of the Russian Federation
(as amended by Federal Law dated July 3, 2016 N 354-FZ)
1. The body of state power or local self-government authorized to make decisions on the seizure of land plots on the grounds provided for in Articles 284 and 285 of this Code, as well as the procedure for mandatory advance warning of plot owners about violations, are determined by land legislation.
2. If the owner of a land plot notifies in writing the body that made the decision to seize the land plot of his consent to implement this decision, the plot is subject to sale at public auction.
3. If the owner of a land plot does not agree with the decision to confiscate the plot from him, the body that made the decision to confiscate the plot may submit a demand for the sale of the plot to the court.
Article 287. Termination of rights to a land plot belonging to persons other than its owners
Termination of rights to a land plot belonging to tenants and other persons who are not its owners due to improper use of the plot by these persons is carried out on the grounds and in the manner established by land legislation.
Article 260. General provisions on land ownership
1. Persons who own a plot of land have the right to sell it, donate it, pledge it or lease it and dispose of it in any other way (Article 209) insofar as the relevant lands are not excluded from circulation or limited in circulation on the basis of the law.
2. On the basis of the law and in the manner established by it, lands for agricultural and other special purposes are determined, the use of which for other purposes is not permitted or limited. The use of a land plot classified as such land can be carried out within the limits determined by its intended purpose.
Footnote removed. — Federal Law of April 16, 2001 N 45-FZ.
Article 261. Land plot as an object of ownership rights
1. Lost power. — Federal Law of December 4, 2006 N 201-FZ.
2. Unless otherwise established by law, the right of ownership of a land plot extends to the surface (soil) layer and water bodies located within the boundaries of this plot, and the plants located on it.
(as amended by Federal Laws dated 03.06.2006 N 73-FZ, dated 04.12.2006 N 201-FZ)
3. The owner of a land plot has the right to use, at his own discretion, everything that is above and below the surface of this plot, unless otherwise provided by laws on subsoil, on the use of air space, other laws and does not violate the rights of other persons.
Article 262. Land plots for public use. Access to the land plot
1. Citizens have the right to freely, without any permission, be on land plots that are not closed to public access and are in state or municipal ownership, and to use the natural objects available on these plots within the limits permitted by law and other legal acts, as well as by the owner of the relevant land plot.
2. Unless a plot of land is fenced or the owner has otherwise made it clear that entry to the plot is not permitted without his permission, any person may pass through the plot provided that doing so does not cause damage or disturbance to the owner.
Article 263. Development of a land plot
1. The owner of a land plot can erect buildings and structures on it, carry out their reconstruction or demolition, and permit construction on his plot to other persons. These rights are exercised subject to compliance with urban planning and construction norms and rules, as well as requirements regarding the intended purpose of the land plot (clause 2 of Article 260).
(as amended by Federal Law No. 118-FZ dated June 26, 2007)
2. Unless otherwise provided by law or agreement, the owner of a land plot acquires the right of ownership to a building, structure and other real estate erected or created by him for himself on the plot owned by him.
The consequences of unauthorized construction carried out by the owner on a plot of land belonging to him are determined by Article 222 of this Code.
Article 264. Rights to land of persons who are not owners of land plots
1. Land plots may be provided by their owners to other persons on the terms and in the manner provided for by civil and land legislation.
(Clause 1 as amended by Federal Law dated June 26, 2007 N 118-FZ)
2. A person who is not the owner of a land plot exercises his rights of ownership and use of the plot on the terms and within the limits established by law or an agreement with the owner.
3. The owner of a land plot who is not the owner does not have the right to dispose of this plot, unless otherwise provided by law.
(as amended by Federal Law No. 118-FZ dated June 26, 2007)
Article 265. Grounds for acquiring the right of lifelong inheritable ownership of a land plot
The right to lifelong inheritable ownership of a land plot in state or municipal ownership is acquired by citizens on the grounds and in the manner provided for by land legislation.
Article 266. Possession and use of a land plot on the right of lifelong inheritable possession
1. A citizen who has the right of lifelong inheritable ownership (owner of a land plot) has the rights to own and use a land plot, transmitted by inheritance.
2. Unless otherwise follows from the conditions for use of a land plot established by law, the owner of the land plot has the right to erect buildings, structures and other real estate on it, acquiring ownership rights to it.
Article 267. Disposal of a land plot located in lifelong inheritable possession
Disposal of a land plot that is in lifelong inheritable possession is not permitted, except in the case of transfer of the right to a land plot by inheritance.
Article 268. Grounds for acquiring the right to permanent (indefinite) use of a land plot
1. The right to permanent (indefinite) use of a land plot in state or municipal ownership is granted to a state or municipal institution, state-owned enterprise, state authority, local government body on the basis of a decision of the state or municipal body authorized to provide land plots for such use.
(as amended by Federal Laws dated December 4, 2006 N 201-FZ, dated June 26, 2007 N 118-FZ)
2.
3. In the event of reorganization of a legal entity, the right of permanent (indefinite) use of a land plot belonging to it shall be transferred through the procedure of legal succession.
(as amended by Federal Law No. 118-FZ dated June 26, 2007)
Article 269. Possession and use of land on the right of permanent (indefinite) use
1. A person to whom a land plot is granted for permanent (indefinite) use shall own and use this plot within the limits established by law, other legal acts and the act on granting the plot for use.
(as amended by Federal Law No. 118-FZ dated June 26, 2007)
2. A person to whom a land plot is granted for permanent (indefinite) use has the right, unless otherwise provided by law, to independently use the plot for the purposes for which it is provided, including the construction of buildings, structures and other real estate on the plot for these purposes. Buildings, structures, and other real estate created by this person for himself are his property.
(as amended by Federal Law No. 118-FZ dated June 26, 2007)
Article 270. Lost force. — Federal Law of December 4, 2006 N 201-FZ.
Article 271. Right to use a land plot by the owner of real estate
1. The owner of a building, structure or other real estate located on a land plot owned by another person has the right to use the land plot provided by such person for this real estate.
(as amended by Federal Law No. 118-FZ dated June 26, 2007)
The paragraph is no longer valid. — Federal Law of June 26, 2007 N 118-FZ.
2. When the ownership of real estate located on someone else's land plot is transferred to another person, he acquires the right to use the corresponding land plot on the same conditions and to the same extent as the previous owner of the property.
(as amended by Federal Law No. 118-FZ dated June 26, 2007)
The transfer of ownership of a land plot is not the basis for termination or change of the right to use this plot belonging to the owner of the real estate.
3. The owner of real estate located on someone else's land plot has the right to own, use and dispose of this real estate at his own discretion, including demolition of the relevant buildings and structures, insofar as this does not contradict the conditions for use of this plot established by law or agreement.
Article 272. Consequences of the loss by the owner of real estate of the right to use the land plot
1. Upon termination of the right to use a land plot granted to the owner of the real estate located on this plot (Article 271), the rights to the real estate left by its owner on the land plot are determined in accordance with an agreement between the owner of the plot and the owner of the corresponding real estate.
2. In the absence or failure to reach an agreement specified in paragraph 1 of this article, the consequences of termination of the right to use the land plot are determined by the court at the request of the owner of the land plot or the owner of the real estate.
The owner of a land plot has the right to demand in court that the owner of the property, after termination of the right to use the plot, release him from the property and restore the plot to its original condition.
In cases where the demolition of a building or structure located on a land plot is prohibited in accordance with the law and other legal acts (residential buildings, historical and cultural monuments, etc.) or cannot be carried out due to the obvious excess cost of the building or structure compared with the value of the land allocated for it, the court, taking into account the grounds for termination of the right to use the land plot and upon presentation of relevant demands by the parties, may:
recognize the right of the owner of real estate to acquire ownership of the land plot on which this real estate is located, or the right of the owner of the land plot to acquire the remaining real estate on it, or
establish the conditions for the use of the land plot by the property owner for a new period.
3. The rules of this article do not apply when a land plot is withdrawn for state or municipal needs (Article 283), as well as when rights to a land plot are terminated due to its improper use (Article 286).
Article 273. Transfer of the right to a land plot upon alienation of buildings or structures located on it
When transferring ownership of a building or structure that belonged to the owner of the land plot on which it is located, the owner of the building or structure passes to the owner of the land plot occupied by the building or structure and necessary for its use, unless otherwise provided by law.
(as amended by Federal Law No. 118-FZ dated June 26, 2007)
Part two is no longer valid. — Federal Law of June 26, 2007 N 118-FZ.
Article 274. The right to limited use of someone else’s land plot (easement)
1. The owner of real estate (land, other real estate) has the right to demand from the owner of a neighboring land plot, and, if necessary, from the owner of another land plot (adjacent plot), to grant the right to limited use of the neighboring plot (easement).
An easement can be established to ensure passage and passage through a neighboring land plot, the laying and operation of power lines, communications and pipelines, water supply and land reclamation, as well as other needs of the owner of real estate that cannot be provided without the establishment of an easement.
2. Encumbering a land plot with an easement does not deprive the owner of the plot of the rights of ownership, use and disposal of this plot.
3. An easement is established by agreement between the person requiring the establishment of an easement and the owner of the neighboring plot and is subject to registration in the manner established for the registration of rights to real estate. If no agreement is reached on the establishment or conditions of the easement, the dispute is resolved by the court at the request of the person demanding the establishment of the easement.
4. Under the conditions and in the manner provided for in paragraphs 1 and 3 of this article, an easement may also be established in the interests and at the request of the person to whom the plot is provided with the right of lifelong inheritable possession or the right of permanent (perpetual) use, and other persons in cases provided for by federal law. laws.
(as amended by Federal Laws dated June 26, 2007 N 118-FZ, dated December 30, 2008 N 311-FZ)
5. The owner of a plot of land encumbered by an easement has the right, unless otherwise provided by law, to demand from the persons in whose interests the easement is established a proportionate payment for the use of the plot.
Article 275. Preservation of easement upon transfer of rights to a land plot
1. The easement is preserved in the event of transfer of rights to the land plot, which is encumbered by this easement, to another person.
2. An easement cannot be an independent subject of sale or purchase, or a pledge, and cannot be transferred in any way to persons who are not the owners of the real estate to ensure the use of which the easement was established.
Article 276. Termination of easement
1. At the request of the owner of a land plot encumbered by an easement, the easement may be terminated due to the disappearance of the grounds on which it was established.
2. In cases where a land plot owned by a citizen or legal entity, as a result of being encumbered with an easement, cannot be used in accordance with the intended purpose of the site, the owner has the right to demand in court the termination of the easement.
(as amended by Federal Law No. 118-FZ dated June 26, 2007)
Article 277. Encumbrance of buildings and structures with servitude
In relation to the rules provided for in Articles 274 - 276 of this Code, an easement may be encumbered by buildings, structures and other real estate, the limited use of which is necessary regardless of the use of the land plot.
Article 278. Levy of execution on a land plot
Foreclosure of a land plot for the obligations of its owner is permitted only on the basis of a court decision.
Article 279. Purchase of land for state and municipal needs
1. A land plot can be seized from the owner for state or municipal needs through redemption.
Depending on whose needs the land is being seized, the purchase is carried out by the Russian Federation, the corresponding subject of the Russian Federation or a municipal entity.
2. The decision to seize a land plot for state or municipal needs is made by federal executive authorities, executive authorities of a constituent entity of the Russian Federation or local government authorities.
Federal executive authorities, executive authorities of constituent entities of the Russian Federation, local self-government bodies authorized to make decisions on the seizure of land plots for state or municipal needs, the procedure for preparing and adopting these decisions are determined by federal land legislation.
(as amended by Federal Law dated December 18, 2006 N 232-FZ)
3. The owner of a land plot must be notified in writing by the body that made the decision on the seizure no later than one year before the upcoming seizure of the land plot. The purchase of a land plot before the expiration of a year from the date the owner receives such notice is permitted only with the consent of the owner.
4. The decision of a federal executive body, an executive body of a constituent entity of the Russian Federation or a local government body to seize a land plot for state or municipal needs is subject to state registration with the body that registers rights to the land plot. The owner of the land plot must be notified of the registration, indicating its date.
(as amended by Federal Law dated December 18, 2006 N 232-FZ)
5. Lost power. — Federal Law of June 26, 2007 N 118-FZ.
Article 280. Rights of the owner of a land plot subject to seizure for state or municipal needs
The owner of a land plot subject to seizure for state or municipal needs, from the moment of state registration of the decision to seize the site until an agreement is reached or a court decision is made to purchase the site, may own, use and dispose of it at his own discretion and make the necessary expenses to ensure the use of the site in accordance with with its intended purpose. However, the owner bears the risk of attributing to him, when determining the redemption price of the land plot (Article 281), costs and losses associated with new construction, expansion and reconstruction of buildings and structures on the land plot during the specified period.
(as amended by Federal Law No. 118-FZ dated June 26, 2007)
Article 281. Redemption price of a land plot withdrawn for state or municipal needs
1. Payment for a land plot seized for state or municipal needs (redemption price), terms and other conditions of redemption are determined by agreement with the owner of the plot. The agreement includes the obligation of the Russian Federation, a constituent entity of the Russian Federation or a municipal entity to pay the redemption price for the seized plot.
2. When determining the redemption price, it includes the market value of the land plot and the real estate located on it, as well as all losses caused to the owner by the seizure of the land plot, including losses that he incurs in connection with the early termination of his obligations to third parties, including lost benefit.
3. By agreement with the owner, he may be provided with another plot of land in exchange for the plot seized for state or municipal needs, with its value included in the redemption price.
Article 282. Redemption of a land plot for state or municipal needs by court decision
If the owner does not agree with the decision to confiscate a land plot from him for state or municipal needs or an agreement has not been reached with him on the redemption price or other terms of redemption, the federal executive body, the executive body of the constituent entity of the Russian Federation or the local government body that made such a decision , may file a claim for the redemption of the land plot in court. A claim for the purchase of a land plot for state or municipal needs may be brought within three years from the date of sending the notice specified in paragraph 3 of Article 279 of this Code to the owner of the plot.
(as amended by Federal Laws dated December 18, 2006 N 232-FZ, dated June 26, 2007 N 118-FZ)
Article 283. Termination of rights to own and use a land plot when it is withdrawn for state or municipal needs
In cases where a land plot withdrawn for state or municipal needs is owned and used under the right of lifelong inheritable possession or permanent (perpetual) use, the termination of these rights is carried out in relation to the rules provided for in Articles 279 - 282 of this Code.
(as amended by Federal Law No. 118-FZ dated June 26, 2007)
Article 284. Confiscation of a land plot that is not used in accordance with its intended purpose
A land plot may be seized from the owner in cases where the plot is intended for agricultural production or housing or other construction and is not used for the corresponding purpose for three years, unless a longer period is established by law. This period does not include the time required to develop the site, as well as the time during which the site could not be used for its intended purpose due to natural disasters or other circumstances precluding such use.
(as amended by Federal Law No. 118-FZ dated June 26, 2007)
Article 285. Confiscation of a land plot used in violation of the law
A land plot may be seized from the owner if the use of the plot is carried out in gross violation of the rules for the rational use of land established by land legislation, in particular if the plot is not used in accordance with its intended purpose or its use leads to a significant decrease in the fertility of agricultural land or a significant deterioration of the environmental situation.
Article 286. Procedure for seizure of a land plot due to its improper use
1. The body of state power or local self-government authorized to make decisions on the seizure of land plots on the grounds provided for in Articles 284 and 285 of this Code, as well as the procedure for mandatory advance warning of plot owners about violations, are determined by land legislation.
2. If the owner of a land plot notifies in writing the body that made the decision to seize the land plot of his consent to comply with this decision, the plot is subject to sale at public auction.
3. If the owner of a land plot does not agree with the decision to confiscate the plot from him, the body that made the decision to confiscate the plot may submit a demand for the sale of the plot to the court.
Article 287. Termination of rights to a land plot belonging to persons who are not its owners
Termination of rights to a land plot belonging to tenants and other persons who are not its owners due to improper use of the plot by these persons is carried out on the grounds and in the manner established by land legislation.
1. Persons who own a land plot have the right to sell it, donate it, pledge it or lease it and dispose of it in any other way (Article 209)...
1. Lost power. - Federal Law of December 4, 2006 N 201-FZ. 2. Unless otherwise established by law, the right of ownership of a land plot extends to those located in...
1. Citizens have the right to freely, without any permission, be on land plots that are not closed to public access, located in the state or...
1. The owner of a land plot may erect buildings and structures on it, carry out their reconstruction or demolition, permit construction on his plot...
1. Land plots may be provided by their owners to other persons on the terms and in the manner provided for by civil and land...
The right of lifelong inheritable ownership of a land plot in state or municipal ownership is acquired by citizens by...
1. A citizen who has the right of lifelong inheritable ownership (owner of a land plot) has the rights of ownership and use of a land plot...
Disposal of a land plot that is in lifelong inheritable possession is not permitted, except in the case of transfer of the right to the land plot by...
1. The right to permanent (indefinite) use of a land plot in state or municipal ownership is granted...
1. A person to whom a land plot is granted for permanent (indefinite) use shall own and use this plot within the limits...
1. The owner of a building, structure or other real estate located on a land plot owned by another person has the right to use the provided...
1. Upon termination of the right to use a land plot granted to the owner of the real estate located on this plot (Article 271), the right to...
When the ownership of a building or structure that belonged to the owner of the land plot on which it is located is transferred to the acquirer of the building or...
1. The owner of real estate (land, other real estate) has the right to demand from the owner of a neighboring land plot, and if necessary...
1. The easement is preserved in the event of the transfer of rights to the land plot, which is encumbered by this easement, to another person. 2. An easement cannot be independent...
1. At the request of the owner of a land plot encumbered with an easement, the easement may be terminated due to the disappearance of the grounds on which it was established....
In relation to the rules provided for in Articles 274 - 276 of this Code, buildings, structures and other real estate,...
Foreclosure of a land plot for the obligations of its owner is permitted only on the basis of a decision...
1. A land plot may be seized from the owner for state or municipal needs through redemption. Depending on whose needs the land is being taken...
The owner of a land plot subject to seizure for state or municipal needs, from the moment of state registration of the decision on seizure...
1. Payment for a land plot withdrawn for state or municipal needs (redemption price), terms and other conditions of redemption are determined by agreement with...
If the owner does not agree with the decision to seize a land plot from him for state or municipal needs or an agreement has not been reached with him on...
In cases where a land plot seized for state or municipal needs is owned and used by right of lifelong inheritance...
A land plot can be seized from the owner in cases where the plot is intended for agricultural production or housing or other...
A plot of land may be seized from the owner if the use of the plot is carried out in gross violation of the rules for the rational use of land...
1. A body of state power or local self-government authorized to make decisions on the seizure of land plots on the grounds provided for...
Termination of rights to a land plot belonging to tenants and other persons who are not its owners due to improper use of the plot...
Visitor comments:
The issue of interaction between civil and
land legislation in the regulation of land
relations has great scientific and practical interest.
This is where many difficult questions arise,
buoyant knowledge and study. It is here that it is clear and bright
features of land as property, real estate,
bridge as an object of land relations and implementation
their legal regulation of civil and land rights
legislation. Without the Land Code they are regulated
tion is simply impossible. In Art. 3 of the Civil Code says that the norms
civil law contained in other laws,
must comply with the Civil Code. Consequently, in ZK and others
acts of land legislation: firstly, the norms of the Civil Code
may be reproduced (in whole or in part, but not
in conflict with the Civil Code of the Russian Federation);
secondly, norms can and should develop,
be regulated taking into account the peculiarities of land regulation -
relations, again without conflicting with
The Civil Code, primarily with its rules on the right of ownership
ty and other rights, land transactions, etc.; thirdly
them, they can and should contain purely “their” ze-
milling legal norms not included in the Civil Code. To the latest
include mainly special land legal
norms of a public legal nature: - on the competence of state
state and local authorities for the regulation of green-
small relations;
________________________________________________________
On state registration of lands; - about the state
land cadastre and monitoring; - about the state
special registration of land rights; - about installation-
reading; - on state control over the use and
land protection; - on liability for violation of the
small legislation, etc. Compensation of property
significant damage caused to owners, owners,
users and tenants of land, is carried out in accordance with
in accordance with civil and land legislation.
Thus, it is clear that the Civil Code gives freedom to the ZK in regulating
roving land relations. This indicates, according to
Essentially, that all articles of Ch. 17 Civil Code and others
articles relating to land relations can be reproduced
to be found and developed, to be concretized in the land
legislation, without contradicting the Civil Code. But this can be said
talk not only about the indicated articles of Ch. 17, but also about many
and other articles. And there are many of them in all sections and chapters.
wah GK. Let's call them: - art. 23 - about citizens as subjects-
takh civil and land relations; all provisions
Ch. 4 - about subjects of civil and land relations -
legal entities; - art. 257 - about farms;
articles ch. 6 - about the objects of civil rights (in particular
ness, Art. 129, which contains a direct reference to the
mill legislation on the issue of admission of
rota of land as a special object, and art. 131 - about special
social registration); - articles ch. 13, in which there is
there are references to land legislation (on the turnover
land and its characteristics in comparison with other property
vom, on forms of ownership and other property rights to
land); - art. 216 - about real rights to land and order
transfer of these rights, ownership of land,
the right of lifelong inheritable ownership of land, the right
permanent use, easements; - articles ch. 16 -
about common property, etc. Others can be named
chapters and articles of the Civil Code - on pledge, obligations, contracts
rah, land transactions, etc., which are also applicable
to the regulation of land relations in accordance with
land legislation. Since in the Russian Civil Code
Federation these norms are formulated in a general form, then
in relation to the earth they must receive their development
in land legislation, taking into account the peculiarities
land as an object, property of a special kind. Peculiarities
land as a specific property and civil object
Which relationships deserve attention. The land is not allowed
equate to ordinary property: buildings, structures
pits, objects, movable things. In agriculture the land
la - the main and irreplaceable means of agricultural
nogo production. Therefore, these lands cannot be “squandered”
", use other than for its intended purpose. In non-
agricultural industries, land is used as
territory for the location of industries, buildings, structures,
objects, here it is not a means of production.
But in many cases, buildings, structures, objects are non-destructible
jerkily, firmly connected to the ground. Therefore, when transitioning
of the specified objects into the ownership or use of others
For some people, rent inevitably raises the question of land. AND
this issue must be resolved in accordance with the Civil Code and the Land Code: on
what law is the transfer of land carried out - the right of ownership?
property, use or rental. What are the reasons
emergence and termination of rights to land? Formulating
grounds for the emergence of rights to property, as well as
of their termination, the Civil Code means that they are distributed
extend to land rights. And exactly, in the land
They are regulated in detail by law. One of the most important
grounds for the emergence of rights to land is pre-
transfer of land plots from state and municipal
cial property into private property, pol-
calling, rent. Private owners can also pre-
deliver land plots for use and rent
to other persons. Most common reasons
the emergence of rights to land are transactions with land.
They are enshrined in Art. 260 of the Civil Code, as well as by Presidential Decree
Russian Federation. They must be carefully "scheduled"
ranks" in the new Land Code. Grounds for emergence and termination
rights to land are inextricably interconnected and cross-
Xia: some people have the right to land, others have it
stops. When providing land from the state
from municipal and municipal property to private property ceases-
the right of state and municipal property
and the right of private property arises and vice versa. Od-
One of the ways to terminate the right to land is
withdrawal (purchase) of land for state and municipal
nal needs (Articles 278-282 of the Civil Code) and seizure of land plots
in connection with violation of land legislation (Art.
284-286 Civil Code). In the Land Code these grounds are abolished; they must
be clearly formulated in the new LC. Bulk basis-
methods for terminating land rights are the above-mentioned
transactions with land (Article 260 of the Civil Code), which are subject to specific
tization in the new ZK. There is no need to go into detail
apply to everyone, but on the purchase and sale of land it is necessary
stop, because this is new and, moreover, very
a controversial and confrontational phenomenon. Available
There are supporters, but there are also many opponents of the purchase and sale of land.
It has been introduced by law in a number of cases. But there are objections to the widespread purchase and sale of agricultural
lands. The Civil Code provides for it (although not directly), but
does not set boundaries and, thus, refers to the land-
according to the law. In the process of developing a new ZK, this is one of
the most pressing questions. But in principle, I will also buy and sell agricultural
agricultural lands can be placed within strict limits,
so that it does not lead to sharply negative consequences
Twiyam. It is prohibited to sell land for non-use
for the intended purpose. The Civil Code provides for the seizure (you-
purchase) of lands in such cases (Articles 284 - 287 Chapter 17) and
refers to land legislation. Thus,
it is necessary to establish strict limits on the use of agricultural
economic lands. They cannot be “allowed” into the common ground.
mill market, they should be left in the agricultural market only
economic lands. Land buyers, including
it seems that both foreign individuals and legal entities,
if they wish to conduct agricultural activities in good faith
new production, must have the right to buy it. In Russia
a lot of oil is produced and exported,
gas and forests. But the land cannot be taken abroad,
it can be used honestly and conscientiously, and then
buying and selling land will not lead to negative consequences
consequences. There are also economic mechanisms - progress
strong land tax, stimulating their rational
and effective use, strengthening government
control over the use and protection of all, and especially
agricultural lands. Taking into account all these circumstances
many people think it would be possible to introduce purchasing
lu-sale of agricultural land, including
foreign individuals and legal entities. May be,
this would become one of the means of ensuring the master's
relationship to land and increasing agricultural production. But,
We repeat, the issue requires elaboration. Economic law
management and the right of operational management - applicable
are we to the ground? Subjects of civil and land
relations are state-owned enterprises and unitary state-
state and municipal enterprises. They are legal
legal entities, but they are not private legal entities. Maybe
a question arises about economic management or operational
nom management. This is discussed in Chap. 19 Civil Code (Art.
nium to the right to land, in ch. 17 of the Civil Code they are not provided for.
And in the previous system they were not used, but were used
right of use and ownership, as well as in established
within the right of disposal (A.V. Vene wrote about this
dictov, A.V. Karass, S.N. Bratus, G.N. Polyanskaya).
relate to property, but not to land and other natural resources
resources. In ch. 17 K, specifically dedicated to the rights to
land, not, it is said about economic management and operation
tive management of the land, but only speaks of ownership and
use (including rent), partly about the right
permanent user of the land to dispose of it in accordance with
lasia owner.
Is acquisitive prescription applicable to land? Inte-
The question of acquisitive pressure is fresh and important.
ity (Article 234 of the Civil Code). To the right to ordinary property she
applies. Is it applicable to the emergence of law?
land ownership? I think not always. In ch. 17
It is not provided for by the Civil Code. The earth was originally always in
state property, therefore state
or municipal lands are unlikely to be owned by anyone.
In addition, land is a special piece of real estate. On
practice, many citizens have been using (or
use) unregistered plots, then these plots
may be registered by authorities as property,
use, possession, rent according to established standards and
in general order. If the site is privately owned
property, but the owner is not announced and does not present
lays down its rights to the site, it is subject to
rules on acquisitive prescription. The issue needs to be resolved
niya in the new ZK. Requisition and confiscation - are they applicable?
are they for land plots? Requisition is the seizure of
cases established by law (natural disasters, epi-
zooties, epidemics, accidents, etc.) property with payment
its value (Article 242, Chapter 15 of the Civil Code). In ch. 17 requisition
no land is provided. And in general it does not apply to
land, since this is a special object of property in relation to
to which it is practically impossible to apply requi-
positions. It is applicable to houses and buildings, transport
financial means, food, etc. In relation to land
there is a special measure - seizure (ransom) of it for
state or municipal needs or for violation
land legislation (Chapter 17 KG), but not at all in
those cases that are provided for the requisition of the usual
no property (not land). Confiscation of property
provided for in Art. 243 ch. 15 GK. In ch. 17 she didn’t pre-
Motrena. But in relation to land as property (although
special) confiscation is possible. But only in the ZK and CC non-
it is necessary to determine the cases and procedure for confiscation of land.
For example, in a court verdict it is necessary to indicate
knowledge of confiscation of land (along with all property).
Without this, confiscation of land is impossible. Exactly the same
confiscation of land is impossible until the Land Code and the Criminal Code define
There are specific crimes leading to its confiscation.
But this is hardly necessary, since in Chap. 17 Civil Codes have-
Articles on the seizure of land for violations of land regulations
legislation (Articles 284 - 286 of the Civil Code). And this is quite enough
exactly, and it is unlikely that any amendments need to be made to the Land Code and the Criminal Code