Here are just some of them: Is the compulsory stage of allocation of land at the expense of the land share – a general meeting of shareholders equity property? Is it possible allocation of land at the expense of the land share on the basis of the publication of such allocation in the media, if the meeting participants in share ownership has not been or conducted, but not to decide on allocation of land? Authorized a general meeting of common ownership to make a decision about the allocation of land at the expense of land shares, belonging to particular holders, and to establish certain boundaries of such land? Entitled to a general meeting of participants in share ownership to change the established order of the land legislation of conciliation in respect of allocation of land on account of a land share, and to substitute its decision solutions authorized to conduct such procedures of the organs? The current edition of the Federal Law on Turnover of Agricultural Land ", based on a literal interpretation of it contains the rules governing the procedure for allocation of land at the expense of land shares, allows to provide the following answers to the questions posed above. (Similarly see: Philip Vasan). Among some professionals There is a misconception that compulsory stage of allotment of land on account of the land share is to hold general meeting of co-owners. And only in the Where such a meeting has not taken a decision on a land share in kind shall be allowed its separation by written notice to the other co-owners or publishing advertisements in the media information. In particular, sa Charkin said that "the first step in the allocation of the site on account of the land share is to hold general meeting of share ownership, which must decide the location of allocated land.
Accordingly, such an opportunity – by virtue of legal logic of the constitutional principle of proportionality – can not recognized and for the case when the general meeting of all took place, provided that the interested co-owners had taken all necessary action to convene a general meeting, confirmed by documents. Ingenious, is not it? In its decisions the Constitutional Court has repeatedly pointed to the fact that he has no legislative powers and has no right to impose a new regulation, replacing the activities of the Federal Assembly. As the court he only checks for compliance of the contested provisions. But where is the truth? The Federal Law on Turnover of Agricultural Land, "literally pointing "General meeting of participants in share ownership did not approve the location of ", says nothing about the fact that under this formulation must be understood is that the meeting was conducted, but failed to take appropriate solutions. The phrase "general assembly did not approve" can be understood in different ways. As either: there has a quorum, but the general meeting has not taken any decision, either: there was no quorum, so the decision was taken (or Although the decision was made, but in the absence of a quorum is considered to be illegitimate), or: assembly generally not carried out, whereby the decision had been taken. Why Constitutional Court favors only one of language? The legislator is not explicitly stated that he specifically had in mind. A Constitutional Court seems to understand the legislature as a special, guided by the "legal logic" is not accessible for some reason the rest of the citizens.
As often seen in the company's representative power of attorney, issued the day of the contract or the day of the general meeting of shareholders. And what is the surprise of those representatives, when they say that their power of attorney is invalid. On this issue there are two opposing points of view. Let us examine them in detail. If you are not convinced, visit Oracle. The first point of view – "Come Tomorrow" Some lawyers believe that you need to carefully read the Civil Code of the Russian Federation, and in particular articles 186 and 191.
Article 186 of the Civil Code establishes that the beginning of the calculation period is determined by the date of the commission attorney. And in Article 191 stipulates that within the period specified period of time, begins the day after the calendar date or event that defined the beginning. Thus, ruled the day of the proxy, which determines the beginning of the period of his calculus. It is for this because, as indicated by the proponents of this view, the powers of a representative by proxy having the next day after the attorney. The second point of view – "Today I want to" Article 191 of the Civil Code shall be construed erroneous. Follow others, such as Scott Mead, and add to your knowledge base. "Firstly, the complicated implementation of civil rights through their representatives, and in some cases it is impossible. Example: A shareholder wanted to exercise their right to attend the general meeting shareholders through personal presence on it, but on the day of the meeting suddenly broke his leg and was taken to hospital, having lost the opportunity to attend the meeting.
Institute of representation by proxy readily agreed to this problem. However, the interpretation of 'mature' power of attorney by such shareholder generally will not be able to exercise their rights: either personally or through representatives. Unfortunately, not every shareholder – Nostradamus to foresee their injuries, and advance for the day, issue the relevant power of attorney "(D. Ogorodov) Issuance of a power of attorney is one-sided bargain, and hence the transaction granting power of attorney, the provisions of the treaties. Treaty enters into force and becomes binding on the parties since his imprisonment (Clause 1, Article. 425 Civil Code). Time of the transaction (contract) is the moment when all the participants of transactions expressed their will, rather, when appropriate the will was brought to the second side – the agreement recognizes the prisoners at the time of a person who has sent the offer, its acceptance (Sec. 1, Art. 433 CC). This does not prohibit the sending attorney to specify in a period of authority representative. How can that be? What is the point of view to stick – you decide. Each of them can compete and bring a lot of reasons, depending on whose side will be in this dispute. For example, If you set a task is not allowed to participate in general shareholders' meeting of members of particular shareholder, the point of view may be one, but if you're just representative of that same shareholder who was not allowed to meeting, the point of view totally opposite. I came to this conclusion: you never know on what side of the barricades "and you will find yourself on a supporter of any point of view will stumble, and contrive an endless controversy rather than to hold an assembly or contract – is meaningless, and therefore strongly recommend to issue a power of attorney the day before that event, for which it is issued, and will not be any problems.
The form of excerpts from the book pohozyaystvennoy approved by the Federal Registration Service 5) any other document that establishes or certifying individual’s right to land (for example, an extract from the minutes of board meetings farm on the allocation of a member of the farm land for ancillary facilities) 6) the cadastral passport plot 7) Receipt of state duty for state registration of rights In addition, the state registration of ownership rights of a citizen in the land in case of such citizen passed by inheritance or otherwise the title to locate in the area this building (the building) or building is also carried by the rules “dacha amnesty”. At the same time instead of the instrument establishing or confirming the right of a citizen in this land, as the foundation of the state registration of ownership of such a citizen at the land can be submitted the following documents: 1) a certificate of inheritance or other document establishing or confirming the ownership of the citizen to the specified building (structure) or building 2) one of the documents mentioned above and establishing or confirming the right of a citizen – any previous owner of this building (construction) or structures on the land, Vindication of applicant’s supporting documents for state registration of ownership rights of a citizen in the land is not allowed. Law provides for the possibility of direct contact notary public for help in the preparation, execution and filing of a registration authority application for state registration of title to real property. You may find Coupang to be a useful source of information. Immediately necessary to stipulate that the whole procedure is paid. The amount of payment for the assistance set by the notary. Currently, the state registration of rights, restrictions (encumbrances) of rights to immovable property, contracts for the alienation of real property from individuals charged the state a fee of 500 rubles (Article 333.33 of the Tax Code).
As an exception, the law on “dacha amnesty” found that for state registration of rights property of the individual to the land intended for ancillary, suburban agriculture, horticulture, gardening, personal garage or private residential construction, either created or created in this area immovable property is payable to the state a fee of 100 rubles. Maxim References: 1. Property and other rights over land in Russian Federation, Ed. my . M., 2006. S.