New edition of Art. 46 of the RF Labor Code

1. The lease of a land plot is terminated on the grounds and in the manner provided for by civil legislation.

2. Along with the grounds specified in paragraph 1 of this article, the lease of a land plot may be terminated at the initiative of the lessor on the grounds provided for in paragraph 2 of Article 45 of this Code.

2.1. Along with the grounds specified in clauses 1 and 2 of this article, the lease of a land plot may be terminated at the request of the lessor in case of termination of the contract for the integrated development of the territory concluded in relation to such a land plot or land plots formed from it, or in case of violation of the development schedule of the specified territory, provided by this agreement.

2.2. Along with the grounds specified in clauses 1 and 2 of this article, the lease of a land plot provided on the basis of an agreement on the integrated development of a territory at the initiative of a local government body, or land plots formed from such a land plot, may be terminated at the request of the lessor in case of termination of such an agreement on the complex development of the territory in connection with the failure of the person who entered into the specified agreement with the local government body to comply with the obligations provided for by such agreement.

3. Termination of the lease of a land plot on the grounds specified in paragraph two of subparagraph 1 of paragraph 2 of Article 45 of this Code is not allowed:

1) during field agricultural work;

2) in other cases established by federal laws.

4. The lease of a land plot that is in state or municipal ownership, on the basis specified in paragraph seven of subparagraph 1 of paragraph 2 of Article 45 of this Code, is terminated by the unilateral refusal of the lessor from the lease agreement for such a land plot or execution of a lease agreement for such a land plot, provided that the lessee of the relevant obligations provided for in Part 11 of Article 55.32 of the Town Planning Code of the Russian Federation, within the time limits established by the decision to demolish an unauthorized building or a decision to demolish an unauthorized building or bring it in line with the established requirements adopted in accordance with civil law, or the lessee's failure to fulfill obligations, provided by the lease agreement for such a land plot in accordance with paragraph 7.1 of Article 39.8 or subparagraphs 12-14 of paragraph 21 of Article 39.11 of this Code, within the period established by the lease agreement for such a land plot and. A notice of unilateral cancellation of a lease agreement for such a land plot or execution of a lease agreement for such a land plot shall be sent by the executive body of state power or a local self-government body provided for in Article 39.2 of this Code, within one month from the date of receipt from the local self-government body of the settlement, urban district at the place finding an unauthorized building or, in the event that an unauthorized building is located in an inter-settlement area, the body municipal district notification of the lessee's failure to fulfill these obligations within the time period established by the decision to demolish the unauthorized building or the decision to demolish the unauthorized building or bring it in line with the established requirements, or notification of the lessee's failure to fulfill such obligations after the expiration of the period established for the fulfillment of such obligations by the lease agreement for such land site, except for the cases specified in paragraphs 5 and 7 of this article.

5. In the event that, along with unauthorized construction, there are other buildings, structures, unfinished construction objects, an executive body of state power or a local self-government body provided for in Article 39.2 of this Code, within a period not exceeding four months from the date of receipt provided for in paragraph 4 of this article, notification of the lessee's failure to fulfill obligations or obligations, provides for the division of the original land plot in order to form a land plot on which only an unauthorized building is located, provided that such a division can be carried out without violating the requirements for the formed or changed land plots, and termination of the right lease for such land plot... At the same time, these bodies have the right to demand reimbursement of expenses for the performance of cadastral work from the lessee of the original land plot, and the lessee of the original land plot does not have the right to purchase the specified land plot being formed for lease without tendering.

6. In the event of termination of the lease of a land plot in accordance with paragraphs 4 and 5 of this article, including in the case of a division of a land plot on which, along with unauthorized construction, other buildings, structures, objects of construction in progress are located, compensation to the lessee for losses associated with the termination a land lease agreement is not made.

7. Termination of the lease of a land plot that is in state or municipal ownership shall not be allowed by the unilateral refusal of the lessor from the lease agreement for such a land plot or by executing a lease agreement for such a land plot in accordance with paragraph 4 of this article, if the land plot, along with unauthorized other buildings, structures, objects of unfinished construction are located and the formation of a land plot from such a land plot, on which only an unauthorized building will be located, cannot be carried out without violating the requirements for the formed or changed land plots.

Commentary on Article 46 of the RF LC

The first paragraph of the commented article on the basis and procedure for terminating the lease of a land plot refers to civil law. This is how the lease terminates:

in connection with the expiration of the lease agreement (within the meaning of clause 1 of article 610 of the Civil Code);

in connection with the cancellation of the contract, if it is concluded for an indefinite period (paragraph 2 of article 619 of the Civil Code);

in connection with the expiration of the deadline established by law (clause 3 of article 619 of the Civil Code);

ahead of schedule at the request of the lessor (Art. 619 Civil Code);

ahead of schedule at the request of the lessee (Article 620 of the Civil Code).

The clause of the second commented article refers to additional grounds for terminating the lease of the land plot, which, although not listed in the Civil Code, are directly listed in clause 2 of Art. 45 ZK.

Another commentary on Art. 46 of the Land Code of the Russian Federation

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

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

Clause 2 of Art. 610 of the Civil Code of the Russian Federation allows the conclusion of an agreement without specifying its duration. In this case, he is considered imprisoned for an indefinite period. When concluding a contract for an indefinite period, each of the parties has the right to withdraw from the contract, notifying the other party about this one month in advance, and when renting real estate - three months in advance. A different period may be established by law or agreement for warning about the termination of a lease agreement concluded for an indefinite period.

In accordance with paragraph 3 of Art. 610 of the Civil Code of the Russian Federation, it is allowed to establish in the law maximum (limiting) terms for certain types of lease and for the lease of certain types of property. In these cases, if the lease term is not specified in the agreement and neither of the parties has canceled the agreement before the expiry of the statutory deadline, the agreement is terminated upon the expiration of the deadline.

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

Clause 2 of Art. 617 of the Civil Code of the Russian Federation contains a rule that guarantees the rights of citizens-heirs. In the event of the death of a citizen who is a tenant of immovable property (land plot), his rights and obligations under the lease agreement shall pass to the heir, unless otherwise provided by law or agreement.

However, it should be noted that the rights and obligations under this agreement cannot pass to a person who, in accordance with the established procedure, is deprived of the right to inherit. If there are several heirs, then the issue of the transfer of the tenant's rights can be resolved by them by mutual agreement, and if it is not achieved, in court. The landlord does not have the right to refuse the heir to enter into the contract for the remaining period of its validity, except for cases when the conclusion of the contract was due to the personal qualities of the tenant.

A lease agreement for a land plot may be terminated ahead of time by a court at the request of the lessor in cases where the lessee: uses the land plot with a significant violation of the terms of the agreement or with repeated violations; significantly degrades the land plot; more than two times in a row after the expiration of the term of payment established by the contract does not make rent (Article 619 of the Civil Code of the Russian Federation).

According to Art. 620 of the Civil Code of the Russian Federation, at the request of the lessee, a lease agreement for a land plot may be terminated ahead of schedule by a court in cases when: the lessor does not provide the land plot for use by the lessee or creates obstacles to using the plot in accordance with the terms of the contract or the intended purpose of the land plot; the land plot transferred to the lessee has disadvantages that prevent the use of it, which were not specified by the lessor when concluding the contract, were not known to the lessee in advance and should not have been discovered by the lessee during the inspection of the plot when concluding the contract; the land plot, due to circumstances for which the lessee is not responsible, will be in a condition unsuitable for use. The lease agreement may establish other grounds for early termination of the agreement, both at the request of the lessor and the request of the lessee.

Clause 2 of the commented article provides for additional grounds for terminating a land plot lease agreement at the request of the lessor. These include, for example, cases of using the land plot for other purposes and using the land plot in such a way that it leads to a significant decrease in the fertility of agricultural land or to a significant deterioration of the ecological situation, etc.

Among the features of the termination of a lease agreement is the rule according to which termination of a lease agreement is not allowed during field agricultural work, as well as in other cases provided for by federal laws, if the use of a land plot leads to a significant decrease in the fertility of agricultural land or to a significant deterioration of the environmental situation. those. if there is a reason provided for in sub. 2 item 2 of the commented article.

According to paragraph 9 of Art. 22 of the Labor Code of the Russian Federation, early termination of a land lease agreement concluded for a period of more than five years, at the request of the lessor, is possible only on the basis of a court decision in case of a significant violation of the land lease agreement by its tenant.

In this regard, in paragraph 23 of the resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation of March 24, 2005 N 11 "On some issues related to the application of land legislation" it is indicated that when the arbitration courts apply paragraph 9 of Art. 22 of the Labor Code of the Russian Federation, which allows early termination of a lease agreement for a land plot concluded for a period of more than five years, at the request of the lessor only on the basis of a court decision in case of a significant violation of the terms of the agreement by the lessee, it is necessary to be guided by the following.

The circumstances specified in Art. 619 of the Civil Code of the Russian Federation, can serve as the basis for early termination of a land lease agreement only if they can be qualified as material violations of the land lease agreement. The very fact of a significant violation of the contract cannot serve as a basis for satisfying the lessor's claim for early termination of the land lease agreement, if such a violation (its consequences) is eliminated by the tenant within a reasonable time.

In accordance with Art. 6 of the Federal Law "On the turnover of agricultural land", the compulsory termination of the lease of a land plot from agricultural land is carried out in accordance with the requirements of the Land Code and Civil Code.

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

A special ground for terminating a lease agreement for a land plot and a forest plot is provided for in Art. 11 of the Federal Law "On Concession Agreements". The land plot on which the object of the concession agreement is located and (or) which is necessary for the concessionaire to carry out activities; forest area (construction of hydraulic structures and specialized ports, power transmission lines, communication lines, roads, pipelines and other linear facilities, fitness, sports and sports facilities), water body (construction of berths, ship-lifting and ship-repair facilities, stationary and ( or) floating platforms and artificial islands, hydraulic structures, bridges, underwater and underground passages, pipelines, underwater communication lines, other linear objects, underwater communications, carrying out dredging, blasting, drilling and other works related to changing the bottom and shores of water bodies) , a subsoil plot (construction and operation of underground structures not related to the extraction of minerals) required for the creation and (or) reconstruction of the object of the concession agreement and (or) for the implementation of the activities provided for by the concession agreement are provided to the concessionaire for lease (sublease) or on another legal basis in accordance with land, forest, water legislation, the legislation of the Russian Federation on subsoil for the period established by the concession agreement and cannot exceed the validity period of the concession agreement.

Termination of the concession agreement is the basis for termination of the rights granted to the concessionaire in relation to the land plot, forest plot, water body, subsoil plot.

An essentially similar ground for termination of the right to lease a land plot is enshrined in the Federal Law "On Special Economic Zones in the Russian Federation". So, paragraph 5 of Art. 21 of the aforementioned Law provides that in the event of termination of the agreement on the conduct of industrial and production activities, the lease agreement for state and (or) municipal property and the lease agreement for a land plot, concluded on the terms provided for by the agreement on the conduct of industrial and production activities, shall be terminated. According to paragraph 5 of Art. 31 of the aforementioned Law, in the event of termination of the agreement on the conduct of technical and innovative activities, the lease agreement for state and (or) municipal property and the lease agreement for the land plot, concluded on the conditions provided for by the agreement on the conduct of technical and innovative activities, shall be terminated. In case of termination of the agreement on the implementation of tourist and recreational activities, the lease agreement for state or municipal real estate and the lease agreement for the land plot, concluded on the terms provided for by the agreement on the implementation of tourism and recreation activities, shall be terminated (clause 5 of Article 31.10 of the Law). In accordance with Art. 31.20 of the said Law, a person who has lost the status of a resident of a port special economic zone, including in connection with the early termination of an agreement on the implementation of activities in a port special economic zone, is not entitled to carry out entrepreneurial activities in a special economic zone on a general basis. In this case, the lease agreement for the land plot is subject to termination. In the event of termination of the agreement on the implementation of activities in the port special economic zone, the contract for the lease of state and (or) municipal property and the contract for the lease of a land plot concluded on the conditions provided for by such an agreement.

The specifics of terminating a lease agreement for a land plot are specified in Art. 15 of the Federal Law "On Assistance to the Development of Housing Construction". So, if, before the date of transfer to the state authorities of the constituent entities of the Russian Federation, the exercise of the powers of the Russian Federation to manage and dispose of federal-owned land plots or before the date of transfer of such land plots to the ownership of the Federal Fund for Assistance to Housing Development, the federal-owned land plot was transferred under a lease agreement or an agreement for gratuitous fixed-term use of the organization, such an agreement is subject to early termination or termination by a court decision, regardless of the grounds provided for by the Civil Code, when applying to the court of a public authority of a constituent entity of the Russian Federation or the Fund.

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The tenant wants to invalidate the landlord's unilateral withdrawal from the contract

The tenant does not agree with the cancellation of the land grant

The landlord wants to terminate the land lease agreement concluded with the debtor-tenant prior to the introduction of bankruptcy proceedings against him

1. The lease of a land plot is terminated on the grounds and in the manner provided for by civil legislation.

2. Along with the grounds specified in paragraph 1 of this article, the lease of a land plot may be terminated at the initiative of the lessor on the grounds provided for in paragraph 2 of Article 45 of this Code.

2.1. Along with the grounds specified in clauses 1 and this article, the lease of a land plot may be terminated at the request of the lessor in case of termination of the contract for the integrated development of the territory concluded with respect to such a land plot or land plots formed from it, or in case of violation of the schedule for the development of the specified territory provided for this agreement.

(Clause 2.1 was introduced by Federal Law of 23.06.2014 N 171-FZ)

2.2. Along with the grounds specified in clauses 1 and this article, the lease of a land plot provided on the basis of an agreement on the development of a built-up area, an agreement on the integrated development of a territory at the initiative of a local government body, or land plots formed from such a land plot may be terminated at the request of the lessor in the event of termination of such an agreement on the development of a built-up area, an agreement on the integrated development of a territory due to the failure of the person who entered into such an agreement on the development of a built-up area, an agreement on the integrated development of a territory with a local government body provided for by such an agreement on the development of a built-up area, an agreement on an integrated development of the territory of obligations.

(see text in previous edition)

2.3. Along with the grounds specified in clauses 1 and this article, the lease of a land plot included in the list of state property or the list of municipal property provided for in part 4 of article 18 of the Federal Law of July 24, 2007 N 209-FZ "On the development of small and medium-sized businesses in the Russian Federation "may be terminated at the request of a federal executive body, an executive body of a constituent entity of the Russian Federation, a local self-government body, respectively, in accordance with Part 3 of Article 18 of the said Federal Law.

2.4. Along with the grounds specified in paragraph 1 of this article, the lease of a land plot in state or municipal ownership may be terminated in accordance with Article 107 of this Code at the initiative of the lessee of such a land plot in the event of a zone with special conditions for the use of the territory, within the boundaries of which completely or such a land plot is partially located, if the use of such a land plot in accordance with its permitted use in connection with the establishment of a zone with special conditions for the use of the territory is impossible.

3. Termination of the lease of a land plot on the grounds specified in paragraph two of subparagraph 1 of paragraph 2 of Article 45 of this Code is not allowed:

(see text in previous edition)

1) during field agricultural work;

2) in other cases established by federal laws.

ConsultantPlus: note.

Item 4, Art. 46 (as amended by FZ dated 03.08.2018 N 340-FZ) applies

4. The lease of a land plot in state or municipal ownership, on the basis specified in paragraph seven of subparagraph 1 of paragraph 2 of Article 45 of this Code, shall be terminated by the unilateral refusal of the lessor from the lease agreement for such a land plot or execution of a lease agreement for such a land plot, provided that the lessee of the relevant obligations provided for in Part 11 of Article 55.32 of the Town Planning Code of the Russian Federation, within the time limits established by the decision to demolish an unauthorized building or a decision to demolish an unauthorized building or bring it in line with the established requirements adopted in accordance with civil law, or the lessee's failure to fulfill obligations, provided by the lease agreement for such a land plot in accordance with paragraph 7.1 of Article 39.8 or subparagraphs 12-14 of paragraph 21 of Article 39.11 of this Code, within the period established by the lease agreement for such a land plot and. A notice of unilateral cancellation of a lease agreement for such a land plot or execution of a lease agreement for such a land plot shall be sent by the executive body of state power or a local self-government body provided for in Article 39.2 of this Code, within one month from the date of receipt from the local self-government body of the settlement, urban district at the place finding an unauthorized building or, in the event that an unauthorized building is located in an inter-settlement area, a notification of the tenant's failure to fulfill these obligations within the time period established by a decision to demolish an unauthorized building or a decision to demolish an unauthorized building or bring it in line with established requirements, or a notification on the lessee's failure to fulfill such obligations after the expiration of the period established for the fulfillment of such obligations by the lease agreement for such a land plot, except for the cases specified in paragraphs 5 and now of the article.

ConsultantPlus: note.

Item 5, Art. 46 (as amended by the Federal Law of 03.08.2018 N 340-FZ) is also applied in cases where the decision to demolish an unauthorized building was made in accordance with the Civil Code of the Russian Federation before 04.08.2018 and the unauthorized building was not demolished within the time period established by this decision.

5. In the event that, along with unauthorized construction, there are other buildings, structures, unfinished construction objects, an executive body of state power or a local self-government body provided for in Article 39.2 of this Code on the land plot, within a period not exceeding four months from the date of receipt specified in paragraph 4 of this article, notification of the lessee's failure to fulfill obligations or obligations, provides for the division of the original land plot in order to form a land plot on which only an unauthorized building is located, provided that such a division can be carried out without violating the requirements for the formed or changed land plots, and termination of the right lease for such a land plot. At the same time, these bodies have the right to demand reimbursement of expenses for the performance of cadastral work from the lessee of the original land plot, and the lessee of the original land plot does not have the right to purchase the specified land plot being formed for rent without holding an auction.

Article 46 of the Labor Code of the Russian Federation. Grounds for terminating the lease of a land plot

1. The lease of a land plot is terminated on the grounds and in the manner provided for by civil legislation.

2. Along with those specified in paragraph 1 of this article, the grounds for the lease of a land plot may be terminated at the initiative of the lessor on the grounds provided for paragraph 2 of article 45 of this Code.

2.1. Along with those specified in paragraphs 1 and this article, on the grounds, the lease of a land plot may be terminated at the request of the lessor in case of termination of the contract for the integrated development of the territory concluded in relation to such a land plot or the land plots formed from it, or in case of violation of the schedule for the development of the specified territory provided for by this agreement.

2.2. Along with those specified in paragraphs 1 and this article, the grounds for the lease of a land plot provided on the basis of an agreement on the development of a built-up area, an agreement on the integrated development of a territory on the initiative of a local government body, or land plots formed from such a land plot may be terminated at the request of the lessor in case of termination of such an agreement on development of a built-up area, an agreement on the integrated development of a territory in connection with the failure of the person who entered into such an agreement on the development of a built-up area, an agreement on the integrated development of a territory with a local government body, provided for by such an agreement on the development of a built-up area, an agreement on the integrated development of a territory of obligations.

2.3. Along with those specified in paragraphs 1 and of this article, the grounds for renting a land plot included in the list of state property or the list of municipal property provided for part 4 of article 18 Federal Law of July 24, 2007 N 209-FZ "On the development of small and medium-sized businesses in the Russian Federation", may be terminated at the request of the federal executive body, the executive body of the constituent entity of the Russian Federation, local government, respectively, in accordance with part 3 of article 18 of the specified Federal Law.

2.4. Along with those specified in paragraph 1 of this article, the grounds for the lease of a land plot in state or municipal ownership may be terminated in accordance with article 107 of this Code on the initiative of the lessee of such a land plot in the case of establishing a zone with special conditions for the use of the territory, within the boundaries of which such a land plot is fully or partially located, if the use of such a land plot in accordance with its permitted use in connection with the establishment of a zone with special conditions for the use of the territory impossible.

3. Termination of the lease of a land plot on the grounds specified in paragraph two of subparagraph 1 of paragraph 2 of Article 45 of this Code is not allowed:

1) during field agricultural work;

2) in other cases established by federal laws.

ConsultantPlus: note.

4. Lease of a land plot that is in state or municipal ownership, on the basis specified in paragraph seven of subparagraph 1 of paragraph 2 of Article 45 of this Code, is terminated by the unilateral refusal of the lessor from the lease agreement for such a land plot or execution of the lease agreement for such a land plot, provided that the lessee fails to fulfill the relevant obligations provided for part 11 of article 55.32 Urban planning code Of the Russian Federation, within the time frame established by the decision to demolish an unauthorized building or a decision to demolish an unauthorized building or bring it in line with the established requirements adopted in accordance with civil law, or the lessee's failure to fulfill the obligations stipulated by the lease agreement for such a land plot in accordance with paragraph 7.1 of article 39.8 or subparagraphs 12 - 14 paragraph 21 of Article 39.11 of this Code, within the period established by the lease agreement for such a land plot. A notice of unilateral cancellation of a lease agreement for such a land plot or execution of a lease agreement for such a land plot shall be sent by the executive body of state power or a local government body provided for by article 39.2 of this Code, within one month from the date of receipt from the local self-government body of the settlement, the urban district at the location of the unauthorized building or, if the unauthorized building is located in the inter-settlement territory, the body of the municipal district of the notification of the lessee's failure to fulfill the specified obligations within the time period established by the decision on the demolition of an unauthorized building or a decision to demolish an unauthorized building or bring it in line with the established requirements, or notification of the lessee's failure to fulfill such obligations after the expiration of the period established for the fulfillment of such obligations by the lease agreement for such a land plot, except for the cases specified in

Based on this article, the lease of a land plot provided on the basis of an agreement on the development of a built-up area, an agreement on the integrated development of a territory on the initiative of a local government, or land plots formed from such a land plot, may be terminated at the request of the lessor in case of termination of such a development agreement built-up area, an agreement on the integrated development of the territory in connection with the failure of the person who entered into such an agreement on the development of a built-up area, an agreement on the integrated development of a territory with a local government body, provided for by such an agreement on the development of a built-up area, an agreement on the integrated development of a territory of obligations.

By virtue of article 46 Of the Land Code of the Russian Federation, the lease of a land plot is terminated on the grounds and in the manner provided for by civil legislation, as well as on the grounds provided for paragraph 2 of article 45 Of the Land Code of the Russian Federation, including in the case of non-use of a land plot intended for agricultural production or housing or other construction, for the indicated purposes within three years, unless a longer period is established by federal law or a land plot lease agreement, with the exception of time, necessary for the development of the land plot, as well as the time during which the land plot could not be used for its intended purpose due to natural disasters or due to other circumstances precluding such use.