The prosecutor of the Primorsky Territory appealed

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Uploaded: 29.10.2019
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The prosecutor of the Primorsky Territory appealed to the Primorsky Regional Court, in which he asked to invalidate the provisions of the normative act establishing the specifics of providing citizens and legal entities with land plots from the land owned and (or) administered by the Primorsky Territory, for purposes not related with construction. He appealed against the procedure for considering applications and making decisions by the body authorized to manage and dispose of the land plots, the content of applications for land plots. He proposed certain provisions in the following edition:
- In case of receipt of an application for a land plot not indicated in the information messages, the authorized body within 10 days determines the approximate location, boundaries, estimated area of ​​the requested land and addresses the local government in whose territory the land is indicated in the application , with a request for an approved project of the boundaries of the land.
- The local government or, on behalf of it, the relevant land management organization on the basis of an appeal from the authorized body, taking into account the zoning of territories and in accordance with the territory planning documentation, ensures the production and approval of the draft boundaries of the land plot within a month and sends it to the authorized body.
- Based on the draft boundaries of the land plot, the authorized body publishes an information message in the official publication of public authorities of the Primorsky Territory and on the official website of the Administration of Primorsky Territory on the Internet.
- Citizens and legal entities, except for the initial applicants, interested in providing newly formed land plots, within a month from the date of publication of the information message, apply to the authorized body with applications for the provision of the land plot.
- The authorized body registers newly received applications and makes a decision.
- The provision of land owned and (or) administered by the Primorsky Territory, for purposes not related to construction, to citizens is carried out in accordance with the procedure established by the Land Code of the Russian Federation.
Does this legal act reduce the level of guarantees of citizens provided for in Article 34 of the Land Code of the Russian Federation? Are the normative powers granted to the administration by the law of the Primorsky Territory not exceeded? Is the circle of subjects eligible to participate in the acquisition of a land plot not indicated in the information messages narrowed?

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