State cadastral valuation of land. Problems and ways to improve the assessment of the cadastral value of land plots Determination of the cadastral value of lands of the water fund

Description of work



Introduction

Files: 1 file

MINISTRY OF EDUCATION AND SCIENCE OF RUSSIA

GOU VPO EAST SIBERIAN STATE

UNIVERSITY OF MANAGEMENT TECHNOLOGY

INSTITUTE OF ECONOMICS AND LAW

FACULTY OF ECONOMICS

Department of Finance and Credit

Subject "Real Estate Appraisal".

On the topic: "Cadastral valuation of lands of the water fund"

Completed by: Student gr. 558-1 Dashiev D.B.

Checked by: Ph.D., Senior Lecturer, Grigorieva L.O.

Ulan-Ude

Introduction

Legal regime of water fund lands………………………………………....4

Grouping of land plots as part of the water fund lands……………

Introduction
Lands of the water fund - lands occupied by water bodies, as well as lands allocated for the right of way of hydraulic engineering and other structures necessary for the use of water bodies. These lands are allocated to an independent category of lands, as they have a special purpose to serve to ensure the rational use and protection water resources. The use and protection of water bodies is closely related to land use carried out on the lands of the water fund.

The purpose of this work is to study the theoretical foundations of the water area of ​​the cadastral valuation of the lands of the water fund, its main goals and objectives.
To achieve the goal, the following tasks were set:
- research theoretical basis cadastral valuation of lands of the water fund, to determine the legal framework governing this process;
- to study the functioning of the system of cadastral valuation of the water fund and determine the feasibility of its application in Russian conditions;
- to analyze the existing methodology for cadastral valuation of the land of the water fund;
The object of the study is the cadastral value of the lands of the water fund.

LEGAL REGIME OF WATER FUND LAND

The water fund is a set of water bodies within the territory Russian Federation. The definition of the lands of the water fund is explained by art. 102 of the Land Code of the Russian Federation - the lands of the water fund include lands:
1) covered with surface waters concentrated in water bodies;
2) occupied by hydraulic engineering and other structures located on water bodies.
These lands are allocated to an independent category of lands, as they have a special purpose to serve to ensure the rational use and protection of water resources. The use and protection of water bodies is closely related to land use carried out on the lands of the water fund. Substantial harm water bodies caused by economic and other human activities directly on their banks and adjacent territories, which leads to a deterioration in the quality of water in water bodies due to the uncontrolled intake of pollutants as part of surface and groundwater runoff. On the other hand, water use is impossible without the placement of economic facilities in water protection zones: river stations, locks, etc.
That is why one of the most important traditional areas of legal protection of surface waters, including from pollution, is the restriction of certain types of human activities in coastal areas by establishing special zones and strips with a special legal regime.

The creation of protected and protective zones in order to “ensure the sustainable functioning of natural ecological systems, protect natural complexes, natural landscapes and specially protected natural areas of pollution and other negative impacts of economic and other activities” is provided for in clause 1 52 of the Federal Law “On Protection environment».
Lands of the water fund can be used for the construction and operation of facilities that meet the needs of the population in drinking water, household, as well as health and other needs of the population. In addition, the lands of the water fund can be used for water management, agricultural, environmental, industrial, fisheries, energy, transport and other state or municipal needs, subject to the established requirements.
To maintain water bodies in a state that meets environmental requirements, water protection zones are established. In essence, water protection zones should serve as natural barriers that prevent the entry of pollutants into water bodies as part of surface and underground runoff.
The effectiveness of the water protection authorities in their protective functions depends on two components of their legal status: the conditionality of the size and boundaries of these zones and the conditions of their legal regime. Particularly difficult from a scientific point of view and painful from an economic point of view is the issue of establishing the boundaries of water protection zones. Throughout the history of the development of the water protection legislation of our state, the approach to solving this issue has undergone significant changes.
The current water legislation has fundamentally changed the concept of establishing water protection zones and significantly weakened the requirements for their legal regime.
Firstly, the total volume of legal regulation of relations on the establishment of water protection zones was significantly reduced, since the new Water Code of the Russian Federation in Art. 65 contains an almost exhaustive list of regulations in this area and does not provide for any additional legal regulation, with the exception of establishing a water protection zone for Lake Baikal.

The Republic of Buryatia has rich water resources. Its territory is characterized by a relatively developed hydrographic network. As of January 1, 2002, the water fund is 2,163.4 thousand hectares (6.2%). On the territory of the republic there is a large part of the unique reservoir - Lake Baikal, which is an important transport route and a large fishing reservoir. In addition to Baikal, on the territory of the Republic of Buryatia there are several large lake groups - Gusino-Ubukunskaya, Eravninskaya, Bauntovskaya, Severo-Baikalskaya, Barguzinskaya. The largest rivers - Selenga, Vitim, Barguzin and Upper Angara are of transport importance. More than 300 mineral springs (arshans) are registered within the republic.

During the reporting period, the area of ​​lands of the water fund did not change.

Secondly, the Water Code of the Russian Federation of 2006 enshrined a formal approach to the creation of water protection zones, which was applied by previous legislation to establish the minimum size of these zones with the possibility of their further adjustment in accordance with the developed projects, taking into account all the necessary factors and conditions.
The Water Code of the Russian Federation of 2006 partially reproduces the norms of the "Regulations on the water protection zones of water bodies and their coastal protective strips" of 1996 in terms of determining the minimum size of the water protection zones of water bodies by this Regulation, and the only possible one, taking into account only the length of watercourses, and in relation to lakes and reservoirs - their fishery value.
The size and boundaries of water protection zones and coastal protective strips, as well as the mode of their use, are established based on physical-geographical, soil, hydrological and other conditions, taking into account the forecast of changes in the coastline of water bodies and are approved by the executive authorities of the constituent entities of the Russian Federation. Usually the width of the water protection zone of the river is from 50 to 500 meters, depending on its length. The width of coastal protective strips for rivers, lakes, reservoirs and other water bodies is set depending on the species.

2 GROUPING OF LAND PLOTS IN THE WATER FUND LAND

Depending on the methodological approaches used to determine cadastral value land as part of the lands of the water fund, specified in paragraph 1.3 of the Methodological recommendations, are combined into the following groups.

The first group includes land plots occupied by isolated water bodies that are in circulation in accordance with the legislation of the Russian Federation.

The second group includes land plots occupied by:

Separate water bodies withdrawn from circulation or limited in circulation in accordance with the legislation of the Russian Federation;

Structures designed to protect against floods and destruction of the banks of reservoirs, banks and bottoms of river beds; structures (dams) enclosing liquid waste storage facilities of industrial and agricultural organizations; erosion control devices on canals, as well as other structures designed to prevent the harmful effects of water and liquid waste in the composition of lands of water protection zones of water bodies, as well as lands allocated for the establishment of right-of-way and protection zones of water intakes, hydraulic structures and other water management structures and facilities .

The third group includes land plots as part of the lands of water protection zones of water bodies, as well as lands allocated for the establishment of right-of-way and protection zones for water intakes, hydraulic structures and other water management structures and facilities, occupied by:

Water supply facilities;

Objects of fish and hunting economy;

Hydraulic structures (with the exception of structures designed to protect against floods and destruction of the shores of reservoirs, banks and bottom of river channels; structures (dams) fencing the storage of liquid waste from industrial and agricultural organizations; devices against erosion on canals, as well as other structures intended for prevention of harmful effects of water and liquid waste);

Water intake, port and other water facilities and facilities.

The fourth group includes land plots in the composition of lands of water protection zones of water bodies, as well as lands allocated for the establishment of right-of-way and protection zones for water intakes, hydraulic structures and other water management structures and objects occupied by trees and shrubs or other vegetation.

The fifth group includes land plots as part of the lands of water protection zones of water bodies, as well as lands allocated for the establishment of right-of-way and protection zones for water intakes, hydraulic structures and other water management structures and facilities, provided to horticultural, horticultural and dacha associations.

The sixth group includes land plots as part of the lands of water protection zones of water bodies, as well as lands allocated for the establishment of right-of-way and protection zones for water intakes, hydraulic structures and other water management structures and objects occupied by recreational facilities.

Determination of the cadastral value of land plots assigned to the first group.

The cadastral value of land plots assigned to the first group is set at 100% of their market value. The market value of these land plots is determined in accordance with the Guidelines for determining the market value of land plots, approved by the order of the Ministry of Property of Russia dated March 6, 2002 N 568-r.

Determination of the cadastral value of land plots assigned to the second group.

The determination of the cadastral value of land plots assigned to the second group is carried out in the following order:

Determination of specific indicators of the cadastral value of land plots assigned to the second group;

Calculation of the cadastral value of land plots assigned to the second group.

The specific indicators of the cadastral value of land plots referred to the second group within the administrative region are established based on the average value of the specific indicators of the cadastral value of agricultural land plots within the territory of the same administrative region.

The cadastral value of land plots assigned to the second group is determined by multiplying the specific indicators of the cadastral value of the indicated land plots by their area.

Determination of the cadastral value of land plots assigned to the third group.

The determination of the cadastral value of land plots assigned to the third group is carried out in the following order:

Determination of specific indicators of the cadastral value of land plots referred to the third group;

Calculation of the cadastral value of land plots assigned to the third group.

ConsultantPlus: note.

In the official text of the document, apparently, a typo was made: the Order of the Federal Land Cadastre dated March 20, 2003 has N P / 49, and not N P / 19.

Specific indicators of the cadastral value of land plots referred to the third group within the territory of an administrative region are calculated based on the average value of the specific indicators of the cadastral value of land plots for industry and other special purposes for the same administrative region, classified by the Methodology for the state cadastral valuation of land for industry, energy, transport , communications, broadcasting, television, computer science, lands for space activities, lands for defense, security and lands for other special purposes, approved by the Order of the Federal Land Cadastre dated March 20, 2003 N P / 19, to the corresponding group.

MINISTRY OF ECONOMIC DEVELOPMENT
AND TRADE OF THE RUSSIAN FEDERATION

ORDER


Revoked due to
Order of the Ministry of Economic Development of Russia dated September 21, 2017 N 468
____________________________________________________________________

In order to implement the Decree of the Government of the Russian Federation of August 25, 1999 N 945 "On the state cadastral valuation of land" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 1999, N 35, art. 4326)

I order:

To approve the attached Guidelines for the state cadastral valuation of lands of the water fund.

Minister of Economic
development and trade of the Russian Federation
G.Gref

Guidelines for the state cadastral valuation of lands of the water fund

1. Basic provisions

1.1. Guidelines for the state cadastral valuation of water fund lands (hereinafter referred to as the Guidelines) are used to determine the cadastral value of land plots as part of water fund lands occupied by isolated water bodies, land plots as part of lands of water protection zones of water bodies, as well as lands allocated for establishing right of way and protection zones of water intakes, hydraulic structures and other water management structures and facilities.

1.2. Methodological recommendations are not applied to determine the cadastral value of land plots as part of the lands of the water fund, occupied by:

- surface water bodies, with the exception of isolated water bodies;

- underground water bodies;

- internal sea waters;

- the territorial sea of ​​the Russian Federation.

1.3. For the purposes of determining the cadastral value, land plots within the lands of the water fund are divided into:

1.3.1. Land plots occupied by isolated water bodies.

1.3.2. Land plots as part of the lands of water protection zones of water bodies, as well as lands allocated for the establishment of right-of-way and protection zones of water intakes, hydraulic structures and other water management structures and facilities:

- occupied by water supply facilities;

- occupied by recreation facilities;

- occupied by objects of fishing and hunting economy;

- occupied by water intake, port, hydrotechnical and other water management facilities and facilities;

- occupied by trees and shrubs or other vegetation;

- Provided to horticultural, horticultural and dacha associations.

2. Grouping of land plots as part of the lands of the water fund

2.1. Depending on the methodological approaches used to determine the cadastral value, land plots as part of the lands of the water fund, specified in paragraph 1.3 of the Methodological Recommendations, are combined into the following groups.

The first group includes land plots occupied by isolated water bodies that are in circulation in accordance with the legislation of the Russian Federation.

The second group includes land plots occupied by:

- isolated water bodies withdrawn from circulation or limited in circulation in accordance with the legislation of the Russian Federation;

- structures designed to protect against floods and destruction of the banks of reservoirs, banks and bottoms of river beds; structures (dams) enclosing liquid waste storage facilities of industrial and agricultural organizations; erosion control devices on canals, as well as other structures designed to prevent the harmful effects of water and liquid waste in the composition of lands of water protection zones of water bodies, as well as lands allocated for the establishment of right-of-way and protection zones of water intakes, hydraulic structures and other water management structures and facilities .

The third group includes land plots as part of the lands of water protection zones of water bodies, as well as lands allocated for the establishment of right-of-way and protection zones for water intakes, hydraulic structures and other water management structures and facilities, occupied by:

- water supply facilities;

- objects of fish and hunting economy;

- hydraulic structures(with the exception of structures designed to protect against floods and destruction of the shores of reservoirs, banks and bottom of river channels; structures (dams) that enclose storage facilities for liquid waste from industrial and agricultural organizations; devices against erosion on canals, as well as other structures designed to prevent harmful exposure to water and liquid waste);

- water intake, port and other water facilities and facilities.

The fourth group includes land plots in the composition of lands of water protection zones of water bodies, as well as lands allocated for the establishment of right-of-way and protection zones for water intakes, hydraulic structures and other water management structures and objects occupied by trees and shrubs or other vegetation.

The fifth group includes land plots as part of the lands of water protection zones of water bodies, as well as lands allocated for the establishment of right-of-way and protection zones for water intakes, hydraulic structures and other water management structures and facilities, provided to horticultural, horticultural and dacha associations.

The sixth group includes land plots as part of the lands of water protection zones of water bodies, as well as lands allocated for the establishment of right-of-way and protection zones for water intakes, hydraulic structures and other water management structures and objects occupied by recreational facilities.

3. Determination of the cadastral value of land plots assigned to the first group

3.1. The cadastral value of land plots assigned to the first group is set at 100% of their market value. The market value of these land plots is determined in accordance with the Guidelines for determining the market value of land plots, approved by the order of the Ministry of Property of Russia dated March 6, 2002 N 568-r *.
_______________
* Guidelines for determining the market value of land plots were recognized as not requiring state registration by letter of the Ministry of Justice of Russia dated April 15, 2002 N 07/3593YUD.

4. Determination of the cadastral value of land plots assigned to the second group

4.1. The determination of the cadastral value of land plots assigned to the second group is carried out in the following order:

- determination of specific indicators of the cadastral value of land plots assigned to the second group;

- calculation of the cadastral value of land plots assigned to the second group.

4.2. The specific indicators of the cadastral value of land plots referred to the second group within the administrative region are established based on the average value of the specific indicators of the cadastral value of agricultural land plots within the territory of the same administrative region.

4.3. The cadastral value of land plots assigned to the second group is determined by multiplying the specific indicators of the cadastral value of the indicated land plots by their area.

5. Determination of the cadastral value of land plots assigned to the third group

5.1. The determination of the cadastral value of land plots assigned to the third group is carried out in the following order:

- determination of specific indicators of the cadastral value of land plots referred to the third group;

- calculation of the cadastral value of land plots assigned to the third group.

5.2. Specific indicators of the cadastral value of land plots referred to the third group within the territory of an administrative region are calculated based on the average value of the specific indicators of the cadastral value of land plots for industry and other special purposes for the same administrative region, classified by the Methodology for the state cadastral valuation of land for industry, energy, transport , communications, broadcasting, television, computer science, lands for space activities, lands for defense, security and lands for other special purposes, approved by order of the Federal Land Cadastre of March 20, 2003 N P / 19, * to the corresponding group.
_______________
* The methodology for the state cadastral valuation of lands for industry, energy, transport, communications, broadcasting, television, computer science, lands for space activities, lands for defense, security and lands for other special purposes was recognized as not requiring state registration by letter of the Ministry of Justice of Russia dated April 8, 2003 N 07/3354-YUD.


If the land plots assigned to the third group are located within the boundaries of coastal protective strips, the specific indicators of the cadastral value of these land plots are calculated based on the maximum value for the same administrative region of the specific indicators of the cadastral value of land plots for industry and other special purposes, classified by the State Methodology cadastral valuation of lands of industry, energy, transport, communications, broadcasting, television, informatics, lands for space activities, lands of defense, security and lands of other special purposes to the corresponding group.

5.3. The cadastral value of land plots referred to the third group is determined by multiplying the specific indicators of the cadastral value of the indicated land plots by their area.

6. Determination of the cadastral value of land plots assigned to the fourth group

6.1. The determination of the cadastral value of land plots assigned to the fourth group is carried out in the following order:

- determination of specific indicators of the cadastral value of land plots referred to the fourth group;

- calculation of the cadastral value of land plots assigned to the fourth group.

6.2. The specific indicators of the cadastral value of land plots referred to the fourth group within the territory of an administrative district are calculated based on the minimum value for the same administrative district of the specific indicators of the cadastral value of agricultural land plots by type of use that is closest in function to the assessed land plots.

6.3. The cadastral value of land plots assigned to the fourth group is determined by multiplying the specific indicators of the cadastral value of these land plots by their area.

7. Determination of the cadastral value of land plots assigned to the fifth group

7.1. The determination of the cadastral value of land plots assigned to the fifth group is carried out in the following order:

- determination of specific indicators of the cadastral value of land plots assigned to the fifth group;

- calculation of the cadastral value of land plots assigned to the fifth group.

7.2. The specific indicators of the cadastral value of land plots assigned to the fifth group within the territory of an administrative region are calculated based on the average value of the specific indicators of the cadastral value of land plots of horticultural, gardening and dacha associations for the same administrative region.

If the land plots assigned to the fifth group are located within the boundaries of coastal protective strips, the specific indicators of the cadastral value of these land plots are calculated based on the maximum value for the same administrative region of the specific indicators of the cadastral value of land plots of horticultural, gardening and dacha associations.

7.3. The cadastral value of land plots assigned to the fifth group is determined by multiplying the specific indicators of the cadastral value of the indicated land plots by their area.

8. Determination of the cadastral value of land plots assigned to the sixth group

8.1. The determination of the cadastral value of land plots assigned to the sixth group is carried out in the following order:

- determination of specific indicators of the cadastral value of land plots assigned to the sixth group;

- calculation of the cadastral value of land plots assigned to the sixth group.

8.2. Specific indicators of the cadastral value of land plots assigned to the sixth group within the territory of an administrative district are calculated based on the average for the same administrative district of the specific indicators of the cadastral value of land plots of specially protected territories and objects referred to by the Methodological Recommendations for the State Cadastral Valuation of Lands of Specially Protected Territories and objects approved by the Ministry of Economic Development of Russia, to the corresponding group.

If the land plots assigned to the sixth group are located within the boundaries of coastal protective strips, the specific indicators of the cadastral value of these land plots are calculated based on the maximum value for the same administrative region of the specific indicators of the cadastral value of land plots of specially protected territories and objects classified by the Methodological Recommendations according to the state cadastral valuation of lands of specially protected territories and objects to the corresponding group.

8.3. The cadastral value of land plots assigned to the sixth group is determined by multiplying the specific indicators of the cadastral value of the indicated land plots by their area.

The text of the document is verified by:
"Land Bulletin of Russia"
N 1-2, 2005

To determine the cadastral value of the lands of the water fund, the "Methodological recommendations for determining the cadastral value of the lands of the water fund" are applied.

Depending on the methodological approaches used to determine the cadastral value, land plots as part of the lands of the water fund are combined into 6 groups.

To determine the cadastral value of the lands of the water fund ( KS) it is necessary to allocate groups of water bodies that take place on the territory of the Nukut region, their location and area ( S). Then determine the specific indicator of the cadastral value corresponding to each group ( UPKS).

Table 4 - Groups of water bodies on the territory of the Nukut district

group number Composition of the group Area, ha
Land plots occupied by separate water bodies that are in circulation in accordance with the legislation of the Russian Federation No objects
Land plots occupied by isolated water bodies withdrawn from circulation or limited in circulation; structures designed to protect against floods and destruction of the banks of reservoirs, banks and bottoms of river beds; lands allocated for the establishment of right-of-way and protection zones for water intakes, hydraulic structures and other water management structures and facilities.
Land plots as part of the lands of water protection zones of water bodies, as well as lands occupied by: water supply facilities; objects of fish and hunting economy; hydraulic structures; water intake, port and other water facilities and facilities.
Land plots as part of the lands of water protection zones of water bodies, as well as lands allocated for the establishment of right-of-way and protection zones of water intakes, hydraulic structures and other water management structures and facilities, occupied by trees and shrubs or other vegetation.
Land plots as part of the lands of water protection zones of water bodies, as well as lands allocated for the establishment of right-of-way and protection zones for water intakes, hydraulic structures and other water management structures and facilities, provided to horticultural, horticultural and dacha associations
Land plots as part of the lands of water protection zones of water bodies, as well as lands allocated for the establishment of right-of-way and protection zones of water intakes, hydraulic structures and other water management structures and facilities occupied by recreational facilities.

The cadastral value is determined separately for each group.



COP 1 = 100% of the market value of these objects .

KS 2 = UPKS × S; UPKS- the average value of the CCL of agricultural land plots. Consequently, the cadastral value for the objects of this group in the Nukut region is:

CS 2 = 94 ha × 3828 rub/ha = 359 832 rub

KS 3 = UPKS × S; UPKS- the average value of the SCL of land plots for industrial use.

COP 3 = 25 ha × 193,000 rubles/ha = 4,825,000 rubles

KS 4 = UPKS × S; UPKS- the minimum value of the CCL of agricultural land plots by type of use, which is the closest in terms of functionality to the assessed object. Consequently, the cadastral value for the objects of this group in the Nukut region is:

COP 4 = 61 ha × 500 rub/ha = 30500 rub.

KS 5 = UPKS × S; UPKS- the average value of the UPKS of land plots of horticultural, horticultural and dacha associations. Consequently, the cadastral value for the objects of this group in the Nukut region is: COP 5 \u003d 11 ha × 77,300 rubles. = 850300 rubles.

KS 6 = UPKS × S; UPKS- the average value of the SCL of land plots in specially protected areas. Consequently, the cadastral value for the objects of this group in the Nukut region is:

COP 6 = 8 ha × 49815 rub/ha = 398520 rub.

Conclusion: in the process of determining the cadastral value of the lands of the water fund, specific indicators of the cadastral value of land plots were determined, suitable for each group of water bodies. The results of the cadastral assessment of water bodies in the Nukutsky district of the Irkutsk region are presented in Table 5.

Structure and location of water bodies in the regions Water bodies and their waters, i.e. rivers, lakes, reservoirs, ponds, canals, marshes, groundwater, inland seas and territorial waters of the seas constitute the water fund of Ukraine. It covers part of the water that is in the natural environment within Ukraine. Water, which is a component of plant and animal organisms, rocks, atmospheric air, as well as water extracted from the natural environment and located in plumbing systems, vessels, reservoirs, is not part of the water fund.

The main water bodies are:

Large, medium and small rivers with a total length of more than 373 thousand km;

Reservoirs with a water surface area of ​​about 10 thousand km2;

Groundwater of drinking quality with predicted reserves of about 21 billion m,

Large main canals with a total length of about 1.2 thousand km and large water pipelines, through which annually more than 22 billion m3 of water is supplied to low-water areas;

Wells that annually supply almost 5 billion m3 of groundwater;

Large water intakes with conduits for water supply of regional cities and industrial centers;

Large inter-regional irrigation systems that provide irrigation of arid lands, water supply for the population, industry and agriculture;

Large inter-regional drainage systems that provide the necessary water-air regime for waterlogged lands and are widely used for fish farming;

Protective dams with hydraulic structures, drainage systems, pumping stations protect the territory of 1 million hectares.

The river network of Ukraine is the river systems of the Dnieper, Vistula,

Danube, Dniester, Southern Bug, Seversky Donets and the rivers of the Black Sea and Azov coasts.

It should be noted that the largest load and the largest specific amount of water consumption falls on small rivers. their water content decreases due to the direct intake of water from the channel and aquifers that are hydraulically connected to the channel. Very often, the volume of losses reaches 30-50%. Most of the volume of natural water bodies (lakes, estuaries) is represented by saline and brackish waters, which excludes the possibility of taking significant volumes of water from them, although in some areas they can be a source of water supply on a limited scale.

Artificially created reservoirs contain a volume of water that exceeds the average annual flow of the Dnieper and, in general, the water resources of the country (52.4 km3), which are formed on its territory in average years in terms of water content. Artificial reservoirs are distributed unevenly across the territory of Ukraine. There are relatively many lakes and reservoirs in the basins of the Southern Bug, Seversky Donets, forest-steppe and steppe tributaries of the Dnieper. The distribution of ponds across regions is also uneven. there are more of them in Vinnitsa (3216), Kyiv (2J389), Cherkasy (2312), Kirovohrad (2185) regions.

Qualitative and quantitative depletion of water resources

The quantitative depletion of water resources is evidenced by the studies of A.V. Yatsika (2003), who found that runoff losses due to additional evaporation from the water surface of ponds and reservoirs (except for the Dnieper and Dniester) reduce water resources: in Polissya - by 1-2% in average water years and by 5-7% - in very dry years; in the forest-steppe zone - by 2-5 and 7-15%, respectively; in the Steppe zone - 5-7 and 20-40%.

Theoretically, water resources are inexhaustible, because "they are restored in the process of circulation. Even in the recent past, it was believed that there is so much water on Earth that, with the exception of certain arid regions, people should not worry that it might not be enough. However, water consumption is growing at such a rate that humanity is increasingly faced with the problem pure water.

Excessive regulation of the water regime, together with the mentioned factors, urbanization, deforestation, etc. leads to disruption of the water cycle. Along with the destruction of the runoff regime through the intensive use of groundwater, their level in some places has significantly (up to 100 m) decreased, that is, the water regime in the underground sphere has also changed. Finally, climate change due to the greenhouse effect can also cause the expansion of arid zones in various regions of the world. However, neither the probability nor the scale of these processes can be reliably assessed today.

Quantitative depletion of water resources is only one side of the problem. The other side is their qualitative "depletion", that is, water pollution. Nowadays, more water is polluted than is used. One cubic meter of polluted water taken and then returned to the source spoils five to ten, and sometimes more times, clean water. In addition, polluted waters are increasingly showing substances that are not found in nature and which it cannot neutralize. These pollutions, such as DDT and its derivatives, spread from the places of their origin and cause significant damage to all living things, it is possible that at the genetic level. For self-purification and self-recovery, nature needs time, and the intensification of human activity does not give this time to water resources.

At the same time, it should be understood that the state of water bodies and water resources is closely related to the state of watersheds, the state of soils, forests, atmospheric air, and the state of the environment. Therefore, it is possible to assess the state of aquatic ecosystems only in conjunction with an assessment of the state of the entire catchment area, region, region, country.

The water bodies of Ukraine are very polluted. These pollutions affect the hydrochemical and hydrological regimes of water bodies, as well as living systems - hydrobionts. Pollution is an unfavorable change in the environment, which is fully or partially the result of human activity, directly or indirectly changes the distribution of energy, the incoming radiation level, the physical and chemical properties of the environment and the conditions for the existence of living beings. These changes can affect a person directly or through agricultural resources, through water or other biological products (substances). They can also affect a person, worsening the physical properties of objects that are in her property, the conditions for outdoor recreation and distorting herself. It follows that river pollution is only one of many, many facets of the biosphere pollution problem, which is an inevitable consequence of the extensive use of natural resources.

Pollution of water bodies, including all rivers, is divided into biological and anthropogenic. Biological pollution of rivers occurs through natural processes of growth of the biomass of hydrobionts, mainly hydrophytes, with their subsequent death and decay, as well as organic substances formed in forests, fields and meadows. Therefore, organic substances of autochthonous (from the Greek word, which means - local, indigenous) origin, formed in the reservoir itself, and allochthonous (also from the Greek word, meaning - not local, not indigenous), brought from outside, are distinguished. with human economic activity: industry, utilities and agriculture.

Industry pollutes with its waste and emissions water, air, soil, and public utilities and agricultural production "feeds" rivers and lakes with heavy metals, oil products, various chemicals and pathogens of infectious diseases.

Since everything is interconnected in nature, the quality of other natural resources and, in particular, land resources (migration of chemical compounds with subsoil and surface waters, water regime of soil cover, etc.) depends on the quality of water resources. In turn, the increased anthropogenic pressure on natural resources is primarily manifested in the quality of water (limited fresh water reserves on the planet, the deterioration of its quality in the near future may threaten the existence of mankind). Therefore, there is no alternative to careful attitude to water bodies.

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1 UDC PROBLEMS AND WAYS OF IMPROVING THE ASSESSMENT OF THE CADASTRAL COST OF LAND PLOTS Valiev D.S., Ph.D. modern conditions there is a sharp increase in suburban construction and purchases of land, so the assessment of the land of settlements is of particular importance. These lands are the basis for the formation of the living environment for people's lives: 3/4 of the population of Russia is concentrated on them. The lands of settlements ensure the receipt of the bulk of land payments and are one of the categories of lands that are complex in composition. In Russia, two types of value are legally fixed for the assessment of land resources: cadastral and market. The cadastral value of land reflects the activity of financial transactions with real estate, on the one hand, and on the other hand, it is an indicator of the infrastructural development of the considered part of the territory. Since 1985, the concept of "land" in Russia has been defined as a multi-component natural formation (objective category) of multi-purpose, economic use. “The land is the most important part of the natural environment, characterized by space, relief, climate, soil cover, vegetation, subsoil, water, being the main means of production in agriculture and forestry, as well as the spatial basis for accommodating enterprises and organizations of all industries. National economy» . The current version of clause 10 of the Federal Valuation Standard "The purpose of the valuation and types of value (FSO 2)", approved by order of the Ministry of Economic Development of Russia dated July 20, 2007 255, when determining the cadastral value of the object of assessment is determined by mass valuation methods. Or, individually for a specific property, the market value established and approved in accordance with 55

2 with legislation governing the conduct of cadastral valuation. In addition, the determination of the cadastral value is also established by the provisions of the Federal Valuation Standard "Determination of the cadastral value (FSO 4)", approved by order of the Ministry of Economic Development of Russia dated October 22, 2010 508 and containing requirements for determining the cadastral value. In accordance with the provision of FSO 4, the cadastral value is understood not only as the market value determined by mass valuation methods, but also, if it is impossible to determine the market value by mass valuation methods, the market value determined individually for a particular property. The cadastral valuation of land plots is a mass valuation, which is a combination of administrative and technical actions on establishing the cadastral value of land plots within the boundaries of the administrative-territorial formation by appraisal zones. The state cadastral valuation of land is carried out according to a single methodology in order to ensure the comparability of the valuation results throughout the Russian Federation. The main goal of the cadastral valuation is to create a basis for taxation. In accordance with Chapter 31 "Land tax" of the Tax Code of the Russian Federation the tax base defined as the cadastral value of land plots. The purpose of the market appraisal of a land plot is to determine the market (investment, liquidation) value of a single land plot as of the date of assessment by independent appraisers in accordance with accepted standards and methods of assessment. Cadastral and market valuation of land plots is carried out using income, comparative and cost approaches based on information about transactions in the land and other real estate market, the level of rent and profitability of land use. This information is supplemented by an analysis of rent-forming factors, including the quality and location of land plots, improvements made on them, the level of social and engineering and transport arrangement of the territory, etc. In accordance with Art. 66 3K of the Russian Federation, the executive authorities of the constituent entities of the Russian Federation approve the average level of cadastral value for the municipal district (urban district). 56

3 The rules for conducting state cadastral valuation of land were approved by Decree of the Government of the Russian Federation of April 8, 2000 316 and determine the procedure for conducting state cadastral valuation of land of all categories on the territory of the Russian Federation for tax purposes and other purposes established by law. To clarify the algorithms for conducting the state cadastral valuation, the Order of the Federal Agency for the Cadastre of Real Estate Objects dated June 29, 2007 P / 0152 "On the approval of Technical recommendations for the state cadastral valuation of land" was adopted. settlements". According to this order, “when determining the cadastral value of an appraisal object, the market value is determined by mass appraisal methods, established and approved in accordance with the legislation governing the cadastral appraisal. The cadastral value is determined by the appraiser, in particular for tax purposes.” One of the most difficult problems is the reliability of information. This applies to both market information about the asking and sold price of the assessed value of the property, and information on standards when calculating the value using the standard method in the cost approach. The existing information that the structures of the national economy possess is largely outdated and not always reliable. According to the provisions of FSO 4, when determining the cadastral value, using mass valuation methods, all appraisal objects are divided into groups of appraisal objects based on the analysis of information about the appraisal object market, the rationale for the cadastral value assessment model, the composition of pricing factors and information about the values ​​of pricing factors of appraisal objects for each studied type of objects of assessment. At the same time, the set of pricing factors should include only those factors that have a significant impact on the value of the appraised objects and can be reliably determined and objectively measured. Thus, mass valuation methods mean the grouping of appraisal objects based on the unity of the characteristics of all objects included in one group, sufficient to build a model for assessing the cadastral value, which makes it possible to determine the cadastral value of each of the objects of appraisal, 57

4 as close as possible to their market value (market value obtained by mass valuation methods). However, this approach does not take into account the individual characteristics of the plots included in a particular cadastral district. Therefore, to assess the value of land plots, it is proposed to perform all calculations on the basis of probability intervals using modern methods of variation statistics, in particular, non-parametric criteria. As a result of such calculations, the property value will be presented as a truncated distribution. The median cost estimate should be recommended as the offer price of cost. In this case, the chances for the seller and the buyer are the same: the probability for the buyer to buy cheaper than the offered price is equal to the probability for the seller to sell for more than the offered price. In this case, both the seller and the buyer have full information about the possible prices of the sale and purchase and their probability. Depending on the urgency of the proposed transaction, counterparties can make informed decisions: for the buyer to wait and look for another acquisition object, if time is needed; for the seller to reduce the asking price if there is an urgency in the implementation of the transaction. At the same time, in the event of a change in the value of the cadastral value established in the process of the state cadastral valuation as a result of its contestation in court or in the commission for resolving disputes about the results of determining the cadastral value, it is proposed to amend the act approving such cadastral value in order to replace it with the value established based on the results challenging. Which correlates with the concept of cadastral value established in the Federal Law of July 29, 1998 135-FZ "On Appraisal Activities in the Russian Federation" and FSO 2. In accordance with paragraph 18 of the said FSO, according to which the methodology of any of the approaches to assessment can be used to build an assessment model: costly, comparative and profitable. And the choice of approach or a reasonable refusal to use it is carried out by the appraiser based on the characteristics of the type of permitted use or purpose, as well as the sufficiency and reliability of the available market information. Based on this, we can conclude that the procedure for “collecting and analyzing market information 58

5 objects of assessment and justification for choosing the type of assessment model” is primary. And it is aimed at making a decision on the possibilities of using the methodology of one or another approach to valuation when building a model for assessing the cadastral value based on the results of an appropriate study of the real estate market. Such fairly broad requirements for conducting a cadastral valuation are associated both with a lack of experience in carrying out such work, and the need to form requirements that are uniform for all regions of Russia at completely different levels of development of market relations in them. The provisions of the Federal Law of July 29, 1998 No. 135-FZ “On Appraisal Activities in the Russian Federation” establish the concept of market value. In accordance with the said federal law, “when determining the market value of the appraisal object, the most probable price is determined at which the appraisal object can be alienated as of the appraisal date on the open market under competitive conditions, when the parties to the transaction act reasonably, having all the necessary information, and on the amount Transaction prices do not reflect any extraordinary circumstances." Which, in turn, does not exclude taking into account the influence of the variant of the most effective use real estate in market data, including based on the psychological characteristics of decision-making by market entities in accordance with the logic of maximizing income while minimizing costs. And with such a position, data on the prices of actual transactions are the most appropriate information for determining the cadastral value. According to international standards valuation, market value is defined as the estimated value that can arise in a transaction between a well-informed seller and buyer, independent of each other, acting in their own interests and without coercion. And ready to make a deal after conducting appropriate marketing research that allows you to establish the level of value of the object of the transaction on the market and sell it at the highest possible price at a particular point in time, which involves taking into account the most effective use in market information. Thus, according to the International Valuation Standards, market-adjusted data are formed taking into account the influence of the most effective 59

6 usage established at a particular point in time in a particular market segment. In accordance with Part 3 of Art. 66 of the Land Code of the Russian Federation, the cadastral value of land plots determined in accordance with the procedure established by law cannot exceed their real market value. However, no legal act establishing the percentage ratio between market and cadastral value has been adopted so far. However, the absence of such an act does not invalidate the rule of Part 3 of Art. 66 of the Land Code, since it has direct effect on the territory of the Russian Federation. In addition to Art. 66 in the Land Code of the Russian Federation there is also Art. 36, paragraph 1.2 of which establishes that the purchase price of land plots located under buildings, structures, structures owned by citizens and organizations cannot exceed their cadastral value. Prior to the establishment by the federal executive body authorized by the Government of the Russian Federation, the state authority of the constituent entity of the Russian Federation or the body local government the procedure for determining such a price, this price is set in the amount of its cadastral value. If it is assumed that the cadastral value of land plots may exceed the market value, then citizens and legal entities who wished to purchase a land plot after the city on the grounds established by Art. 36 of the Labor Code of the Russian Federation, will be in an unequal legal status with persons acquiring land plots for other purposes. Since in this case the price of the plot will be calculated in accordance with the law "On the privatization of state and municipal property", i.e. based on market value. Environmental and natural factors can play an important role in shaping the value of land plots and are not always taken into account when calculating the cadastral value of land plots. For example, favorable climatic conditions can be attributed to natural factors influencing at the regional level. Recommended numerical values ​​of coefficients for natural and environmental factors in all cases they are 0.2, while for recreational areas the recommended value is 0.5, for aesthetically valuable and picturesque lands 0.4. At the same time, the name and structure are used 60

7 of our currently estimated indicators can be changed taking into account the local features of the formation of the market for land and other real estate. Therefore, there is an objective possibility of adjusting the cadastral value of land plots based on a comprehensive consideration of the ecological state of the territory. The imperfection of cadastral valuation methods is confirmed by statistical data for the years. in the Russian Federation, there were 343 court proceedings related to the activities of the state cadastral valuation of land (SKOZ), of which 242 cases were related to the protest of the cadastral value of land plots. The market value of land is proposed to be determined by several methods: comparison of sales, allocation, distribution, capitalization of land rent, balance and the method of intended use. But the assessment process does not include calculation operations for assessing the components of the natural environment (climate conditions, relief, geological, geomorphological, hydrogeological structure of the territory) and natural resources (forest, water, subsoil, etc.) located within the boundaries of the territory under consideration. Underestimation of the state of natural potential, as follows from practical experience, leads to results that do not adequately reflect the objective cost of land resources. The modern land cadastre is characterized by an increased need for data accumulation, due to the process of redistribution of the land fund by land categories (agricultural land, industrial land, transport land, and others); formation of new and streamlining existing land uses and land holdings. The problems of forming the information basis for the state cadastral valuation (GKO) of land are associated with the improvement of methods for collecting and processing information (topographic surveys, digital cartography, software). Currently, there is a need to use the results of the cadastral valuation not only for taxation, but also for production purposes. Recently, a new scientific direction has been developing, associated with the development of the concept of adaptive-landscape systems of agriculture. Are being developed scientific foundations on-farm- 61

8 natural design of farming systems on an adaptive landscape basis. For these purposes, it is necessary to assess the agro-ecological potential of the territory, however, the existing methods of soil evaluation poorly take into account the agro-ecological requirements of crops for growing conditions on the ground. It should be noted that design and production organizations need to provide for a purposeful interpretation of the proposed scientific data and knowledge while ensuring technological operations contributing to the reasonable distribution of funds in the economy. On the other hand, methods for assessing the technological properties of land plots are laborious and in modern GKOs are used by generalizing indicators for the whole economy. State-owned registration agreements for agricultural land use specially developed Ozemwin software. However, it is not integrated with geographic information systems. It is the capabilities of GIS technologies that make it possible to more objectively assess the technological properties and agro-ecological potential of each land plot. In this regard, studies on the development of technology for the cadastral valuation of agricultural land based on GIS technologies are relevant. An analysis of the literature sources indicates that at present there is no single point of view on optimizing the cadastral valuation of land plots. However, most researchers agree on the need to improve the cadastral system. One of the proposed ways to improve the efficiency of the state cadastral registration of land plots is the development and implementation software automated information system land registry. References: 1. Federal valuation standard "The purpose of the valuation and types of value (FSO 2)", approved by order of the Ministry of Economic Development of Russia dated July 20, 2007 2010 508 (hereinafter FSO 4). 62

9 3. Technical recommendations on the state cadastral valuation of land in settlements // Rosnedvizhimost P / Federal Law of July 21, 1997 122-FZ "On state registration of rights to real estate and transactions with it." 5. Federal Law of July 29, 1998 No. 135-FZ “On Appraisal Activities in the Russian Federation”. 6. Federal valuation standard "General concepts of valuation, approaches to valuation and requirements for valuation (FSO 1)", approved by order of the Ministry of Economic Development of Russia dated July 20, 2007 2007 39. UDC:681.3 LEGAL SUPPORT OF THE REGIME PASTURE REGIME ON THE EXAMPLE OF THE LEGISLATION OF THE YAMAL-NENETS AUTONOMOUS DISTRICT Raevskaya O.B., Ph.D. resource potential Russia. The industrial development of these territories affects the vital interests of the indigenous population, leading their traditional economic activity which consists in reindeer breeding, hunting, fishing and other crafts. It is with the reindeer herding in our country that the interests of a significant part of the indigenous population are connected. Almost 75% of the Russian reindeer population is concentrated in the households of the population of the Yamalo-Nenets Autonomous Okrug. As a result, there is a need to analyze legislative framework legal regime of reindeer pastures at the federal and regional levels. In October 2010, the State Duma of the Yamalo-Nenets Autonomous Okrug (hereinafter YNAO) adopted the Law of the city of 46-ZAO "On reindeer breeding". The purpose of this law is to establish legal, economic, environmental and social guarantees for the stable development of reindeer husbandry, regardless of the form of ownership, the satisfaction of


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