Наталья Ключевская
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Минэкономразвития России подготовило пакет законопроектов, направленных на расширение перечня оснований для принудительного изъятия земельных участков, используемых с нарушением требований законодательства. Соответствующие документы вынесены на публичное обсуждение, которое продлится до 4 июля.
Так, предлагается1 дополнить ст. 285 Гражданского кодекса таким основанием для принудительного изъятия у собственника земельного участка, как его использование с нарушением требований пожарной безопасности. Аналогичное основание планируется закрепить2 и в Земельном кодексе.
В свою очередь, в Федеральном законе от 21 декабря 1994 г. № 69-ФЗ «О пожарной безопасности» может появиться новая статья, определяющая особенности принудительного изъятия земельных участков и прекращения прав на земельные участки при использовании их с нарушением требований пожарной безопасности. В ней, в частности, будет установлена возможность принудительного изъятия земельного участка у его собственника в судебном порядке в случае, если такой земельный участок используется с нарушением требований пожарной безопасности, в течение шести месяцев с даты выдачи предписания об устранении таких нарушений в рамках государственного пожарного надзора. Исключение предусмотрено для земельных участков, являющихся предметом ипотеки, а также земельных участков, в отношении собственников которых возбуждено дело о банкротстве.
Должен ли арендодатель прекратить договор аренды земельного участка при изъятии последнего для государственных или муниципальных нужд? Узнайте из «Энциклопедии решений. Договоры и иные сделки» в интернет-версии системы ГАРАНТ. Получите полный доступ на 3 дня бесплатно!
Принудительное изъятие земельного участка в данном случае планируется осуществлять при условии неустранения нарушения требований пожарной безопасности в срок, установленный вынесенным предписанием, а его отчуждение – проводить путем продажи земельного участка с публичных торгов. При этом в число условий договора, заключаемого по результатам таких торгов, предполагается включить обязательства лица, выигравшего торги, привести земельный участок в соответствие с установленными требованиями пожарной безопасности.
Авторы законопроектов подчеркивают, что отсутствие механизма изъятия земельных участков по рассматриваемому основанию создает почву для неисполнения правообладателями земельных участков требований пожарной безопасности. «Существование подобных нарушений влечет угрозу жизни и здоровью граждан, уничтожения в результате пожаров лесов и других природных объектов, объектов животного мира, населенных пунктов и других социально и экономически значимых территорий», – отмечают они.
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1 С текстом законопроекта «О внесении изменения в статью 285 части первой Гражданского кодекса Российской Федерации» и материалами к нему можно ознакомиться на федеральном портале проектов нормативных правовых актов (ID: 02/04/06-19/00092245). 2 С текстом законопроекта «О внесении изменений в Земельный кодекс Российской Федерации и Федеральный закон «О пожарной безопасности» и материалами к нему можно ознакомиться на федеральном портале проектов нормативных правовых актов (ID: 02/04/06-19/00092241).
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