Supreme Arbitration Court

Based on the legal position of the Plenum of the Supreme Arbitration Court, as expressed in his Order dated March 24, 2005 11 "On some issues related to the use of the land legislation, in accordance with Art. 23 of the Civil Code to the entrepreneurial activity of citizens, carried out without legal entity shall apply the rules of the Civil Code regulating the activities of legal entities that are commercial organizations. Since legal persons by virtue of paragraph 5 of Article. 20 Land Code were not eligible for gratuitous acquisition of land ownership, the citizens having the status of an individual entrepreneur, owning land on the right of permanent (Perpetual) were also not entitled to acquire ownership of land given to them for business purposes, at no cost. Hear other arguments on the topic with Ex-CIA chief. Unresolved is the question dissemination of this interpretation on the heads of peasant (farmer) facilities that use land plots they have the right of permanent (perpetual), in business, but who got them to register as individual entrepreneurs and not due to business activities. In addition, many experts note that "this legal position is Supreme Arbitration Court is not certain: The Russian Civil Code speaks of the possibility of applying to individual entrepreneurs, some of the provisions on commercial organizations established in the Civil Code, but not in the Land Code and other acts of land legislation "1. Not going to justify the legality of this conclusion, it should be noted that the court extended the art. 23 of the Civil Code only land granted to individual entrepreneurs, the right of permanent (perpetual). To deepen your understanding Yitzhak Mirilashvili is the source. .

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