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Information about Autonomous Nonprofit Organization
1. The reasons for establishment of the Center. As a result of carrying out land reform in The most important point of collective farm reform has been the opportunity for workers to create and develop their private farms. But in reality these workers have faced a lot of obstacles, for example, the problem of getting guaranteed land and needed investment assets, sale of products which they have produced, and social security. Russian law permits private land ownership. But at the same time, big and ineffective collective farms have taken the dominant position in Russian agriculture. The biggest part of collective lands is not owned by workers, but is shared with retired people. The law currently in force lets workers leave collective farms and obtain some land for setting up private farms. But in reality this is difficult to do. Farmers and landowners often don't know about their rights or they can't use their rights completely because of opposition of some collective farm officials and officials in agriculture structures. As a result, private farms cultivate only 6 percent of Russian arable lands. In this situation the people very much need legal assistance. However villagers couldn't get such assistance from common lawyers because of lack of such services in rural areas and also because of high prices. To provide legal assistance for villagers as part of land reform, in August 1996 the Center for Land Reform Support of Vladimir Oblast was founded upon the initiative of the Rural Development Institute (Seattle). In the beginning the Center worked under supervision of the Institute for Development of a Law-Based Economy, and then in July 1997 it operated under the supervision of the Foundation ofor Support of Agrarian Reform and Rural Development. Since April 1998 the Center has been working as independent legal entity, an "autonomous nonprofit organization" under Russian law. The Center was founded with the purpose of: 1) Promoting development and strengthening of the law consciousness of villagers, so they would know, realize and defend their rights and interests. 2) Helping villagers to defend their rights and interests as landowners in administrative, court and government bodies. 3) Helping to create private farms as the most progressive and effective form of landowning. 4) Assisting government bodies to regulate land law relations in order to strengthen the rights of villagers and completely realize them. These purposes have been achieving by: 1) Providing villagers with information about land reform, land law and other documents related to their interests; 2) Strengthening rights of villagers by giving necessary consultations and representing their interests in administrations and courts; 3) Exerting influence on development of law to promote development and strengthening of the rights of villagers. 2. Structural organization of the Center. The main work of providing legal assistance for villagers is carried out by the three lawyers who work full-time at the Center. Each lawyer is responsible for specific part of the Center activity. Aleksei Pulin is the director of the Center. He realizes general management, coordinates staff work and works out prospective directions and plans. Also he takes part as a lawyer in solving clients' problems in all directions of the Center activity. Marina Turina coordinates the work with mass media, supervises consulting activities, registers clients who have applied to the Center for help, summarizes clients' problems and supervises results of solved problems. Nikolai Timchuk represents clients' interests in court. He prepares legal pleadings for initiating court action, and represents clients in court hearings. Some of directions are provided by the team of lawyers as a group, such as preparing materials for mass media, preparing and holding seminars and consultations and also taking part in elaboration of juridical acts for local administrations. Auxiliary functions have done by specialists who are not on the Center staff. These are an accountant and a technical support worker. These workers are employed by contracts for specific tasks for a certain period. 3. Hardware and finance. The Center rents an office in an office building in the center of the city of Vladimir. The choice of this place is caused by its convenient location for potential clients. At the present time each lawyer has a computer, necessary software, printer, fax, xerox and internet.
Autonomous Non-Profit Organization The Center for Land Reform Support of Annual Report 2004 The Center for Land Reform Support of Phone: (0922) 32 31 07
Table of Contents I. Preface a. Mission b. Method c. Goals d. Strategy e. Current Situation II. Director’s Report a. On the Center for Land Reform Support of Vladimir Oblast b. On the Activities of the Center c. Results of the Center’s Activities in 2004 d. Anticipated future activities of the Center e. The Expected Outcome of the Center’s Future Activities III. On the Personnel of the Center I. Preface a. The Center for Land Reform Support of The Center for Land Reform Support of (1) To promote strengthening of the feeling of law and order among rural citizens, who are able to enjoy the advantages and exercise the rights granted as a result of land reforms, and take active part in protection of their interests and public administration. (2) To render social assistance and provide for legal protection of rural citizens’ rights and interests in administrative, executive and judicial institutions. (3) To promote establishment of private farms as the most progressive and efficient form of farming. (4) To assist the oblast and raion bodies of state power with regulation of legal land relations, so as to strengthen the rural citizens’ rights and help to exercise them in full. (5) To further the improvement of the legislative framework regulating the land reform in Vladimir Oblast and the (6) To promote development of the oblast land market by rendering legal assistance during execution of transactions, and by summarizing and disseminating the information about such transactions. (7) To promote strengthening, development and promulgation of the rule of law when resolving any type of conflict. d. Strategy(1) Analysis of how rural citizens exercise their constitutional rights to land in order to pinpoint the main problems that hinder realization of those rights and to work out specific remedies and practical methods of resolution of such problems. (2) Dissemination of knowledge gained as a result of the research, as well as practical measures, methods and ways to exercise the citizens’ constitutional rights to land. (3) Establishment of judicial precedents that help citizens to exercise their legal rights to land, summarization and dissemination of such information among the interested parties. (4) Provision of legal advice to rural citizens in order to familiarize them with the most efficient methods and ways to exercise the rights gained as a result of the reforms, through organization of interviews, seminars and meetings. (5) Participation in the organization of special and administrative activities of the oblast and raion institutions aimed at meeting the requirements of land reform and rural development policy. e. Current Situation The Center for Land Reform Support of Vladimir Oblast began its activities in the city of The funds needed to finance the activities of the Center for Land Reform Support of Since the beginning of 1990’s Unfortunately, the reform has not completely resolved the land issue, since agricultural lands were transferred into the common shared ownership of a large number of citizens in the form of large land tracts of hundreds or sometimes thousands of hectares. That is to say that instead of a particular land plot each citizen received just a share in a large land tract, which he or she had to dispose of. Finally the results of the reform were reflected in the Land Code of the The practical aspects of application of these laws have been accumulated and analyzed throughout 2004. Unfortunately, the practical application is not encouraging and it illustrates the imperfection of land legislation, which is still not detailed enough to be really workable and to provide for elimination of high-handedness of the officialdom. As a result, it is very difficult for ordinary citizens to exercise their ownership rights. For example, the existing procedure for obtainment of a land plot in exchange for the land share does not allow people to exercise their right to obtain a particular land plot. The administration of former kolkhozes and sovkhozes, which retains its administrative authority, together with the officials, takes advantage of the imperfect legislation and impedes allocation of land shares in kind. It is still very difficult for the rural population to obtain timely and reliable information about the granted rights and their realization. Rural citizens still cannot get comprehensible and competent legal assistance, because there are no such experts in rural areas and because such legal assistance is very expensive. There are several administrative structures that deal with land issues in rural areas: the land committee, the cadastre chamber, the property management committee, and the entity which is responsible for registration of rights to immovable property. As a result, land owners face many difficulties with registration of each document, from preparation of technical documentation on land plots to registration of the ownership right with the relevant body. Officials and heads of large collective farms, perfectly knowing the actual value of agricultural lands and profits that may be derived from the use of such lands, use every opportunity to hinder realization of the land owners’ rights and try to take advantage of shortcomings of legislation in order to sabotage application of laws and preserve the status quo. The principal method of protection of owners’ right – judicial protection – is not effective either. The poor qualification of judges in courts of primary jurisdiction, lengthy legal proceedings, and the level of corruption in courts shatter people’s belief in justice and rule of law. II. Director’s Report a. On the Center for Land Reform Support of The Center for Land Reform Support of · Improve the well-being of rural citizens; · Make for the coming-to-be of the man who knows his rights and is able to exercise and protect them; and · Encourage the development of democratic principles in the rural community. b. On the Activities of the CenterIn order to fulfill the set goals the Center carries out its activities in several areas: (1) Educational activities, promulgation of legal knowledge. This type of activity of the Center involves: - Monthly publication of the Center’s materials in raion (local district) newspapers in - Preparation of radio programs (once every 2-3 months). - Publication of topical brochures once every 2-3 months. - Organization of seminars and field consultations in rural raions. - Publication of information on the Center’s web site: www.zrv.ru. - The Center also renders assistance to its partner non-profit organizations with resolving organizational problems concerning work with the rural population, etc. (2) Advisory activities. This type of activity involves provision of advisory services to rural citizens on a daily basis. The lawyers advise the clients on the problems, familiarize them with provisions of normative acts, provide them with the necessary extracts from such acts, and explain the procedure for application of these normative acts. The lawyers provide for the legal analysis of presented documents and, when necessary, give relevant recommendations. The lawyers help the clients to prepare and write the appeals to be submitted to various state administrative bodies and statements of claims to be submitted to courts. (3) Representation of clients’ interests in courts and other administrative and government bodies is a logical continuation of the advisory activity. The Center’s lawyers represent the interests of its clients during court hearings. Representation activities cover all stages of judicial proceedings, including enforcement of court rulings. (4) Work with bodies of power and administrative bodies. The Center renders advice to officials on the issues concerning the citizens’ rights to land. This type of activity makes it possible to prevent the officials from making wrong decisions, which are at variance with the current legislation. (5) The lawyers of the Center take part in development of normative acts regulating legal land relations. While carrying out this activity, the lawyers provide for legal analysis of various draft normative documents and make proposals concerning changes and amendments thereto. c. Results of the Center’s Activities in 2004 In 2004 the Center continued to render legal assistance to the rural population of In 2004 the Center continued its advisory and educational work with citizens through editorial offices of raion newspapers, publication of brochures and informational leaflets, its Web site, and through organization of meetings and seminars. In 2004 the lawyers of the Center carried out the following types of activity: 1. Individual consultations In 2004 the Center rendered advisory assistance to 237 clients. The Center keeps the record (by virtue of questionnaires) of all its clients, who ask for assistance, wherein the lawyers describe the client’s problem, the rendered assistance and the achieved results. As a result of the assistance rendered by the Center about 80% of the clients managed to resolve their problems. In 2004 the activity of owners of land shares considerably increased. Most of the questions asked by the clients concerned turnover of land shares. The major part of those questions was about the procedure for bringing the agreements on lease of land shares in compliance with the norms of the RF Civil Code and the Federal Law on Agricultural Land Turnover, the procedure for conclusion of transactions with land shares, and the procedure for allocation of land plots in exchange for land shares. The increase in the activity of land share owners is first of all caused by the fact that in conformity with the law on agricultural land turnover the land share owners had to dispose of their land shares in 2004, otherwise the land share owners may lose their ownership rights to land shares under certain circumstances. The lawyers of the Center helped several groups of owners to allocate agricultural land plots in exchange for their land shares in the following raions of the oblast: Yuriev-Polsky, Suzdalsky, Sudogodsky and Sobinsky. The practical experience shows that it is very difficult for a rural citizen to exercise his/her right to obtain a land plot all alone. The main obstacles are the lack of a clear and simple procedure for allocation and high cost of land use planning. In addition to that the lawyers addressed the issues of taxation and inheritance of land shares and land plots, and helped the clients to execute various transactions with land shares and land plots. The problems concerning the operation of farms and personal auxiliary enterprises, for example, gratis privatization of previously allocated land plots, enlargement of agricultural lands and pension insurance, were still topical. The website allowed the Center to expand its geographic reach. The Center was contacted not only by people from the Central region of Russia, but also by people from other regions, like Krasnodar and Stavropol krais, Penza, Voronezh, Tula and other oblasts. The lawyers rendered advisory assistance to each client and, when necessary, helped the clients to draw up the required documents, and gave practical advice and recommendations. In addition to information, the clients were provided with the texts of the necessary normative documents and extracts from such documents. The Center monitored the situation until the client’s problem was resolved. 2. Educational activities, promulgation of legal knowledge. In 2004 the Center continued to disseminate and promulgate legal knowledge using all the available informational resources for that purpose. The Center prepared 12 articles and sent them for publication to editorial offices of 16 raion newspapers in In the articles the lawyers discussed various land issues that affected the interests of rural citizens. For example, the lawyers discussed the aspects of taxation of lands, alteration of the permitted use of land plots, procedure for management of the land plot that was under the shared ownership, and inheritance of land shares and land plots. For example, a client from Several articles were dedicated to disposition of land shares with due regard for the current legislation and existing practices. The articles, written in the form of questions and answers, were dedicated to various transactions with land shares permitted by law. Two articles were dedicated to trust management of land shares. This is a new concept in Russian civil law. What does trust management of land shares mean? What are the possible consequences for land share owners? Will citizens lose their ownership rights to land shares? All these questions were discussed in the aforementioned articles. The Center makes sure that its articles are published and receives newspaper copies with its published articles from newspaper editorial offices. The fact that the Center’s articles are published and read is confirmed by the clients who say that they obtained information from newspaper articles. In addition to newspaper articles, in 2004 the Center prepared 5 radio programs “Land and Law.” In these programs the lawyers answered the most frequently asked questions and made an overview of the letters received from radio listeners and clients of the Center. In these programs the lawyers also informed the listeners about the procedure for permitted use of land plots and management of land plots that are under the shared ownership, and discussed other issues concerning land shares and land plots. In 2004 the Center prepared 5 brochures: “Commentary on the Law on Personal Auxiliary Enterprises” (2 brochures), “Compilation of Publications on Land Rights and Other Rights of Citizens” (2 brochures), and “Aspects of Turnover of Land Shares.” Each brochure has 20-28 pages, and the total number of copies of each brochure is at least 1,500. The brochures were distributed among the interested rural residents, farmers, owners of personal auxiliary enterprises, workers of agricultural organizations and employees of local self-government bodies. The brochures were also distributed during seminars and meetings with rural residents, when the clients visited the Center, or when the clients asked for such brochures in their letters. In addition, in 2004 the Center prepared leaflets with the previously published newspaper articles – “Disposition of Land Shares” series. The Center believes that they are very useful since not all rural residents have access to raion newspapers, while such information is currently very topical. The leaflets were distributed in places that were popular among rural residents, during seminars and consultations, and also through the Center’s clients, officials of administrations and land committees. At the end of May 2004 the Center opened its website – www.zrv.ru. The materials prepared by the Center are published on this web site. Moreover, the website contains the texts of local and federal normative acts, publications on the project, answers to questions, and other helpful reference information for rural citizens. From the moment of opening in 2004 the website was visited by 2,315 people from various regions of In 2004 the lawyers of the Center continued to organize seminars and consultative meetings with rural residents, who were unable to visit the Center, in villages and settlements in the Central region of The seminars were usually held in rural clubs, recreation halls and premises of rural administrations, but sometimes the lawyers had to meet with people in private houses, rural shops or simply in the street. The number of participants in a seminar varied from 10 to 60 people. At all seminars the lawyers made an overview of the legislation, which affected the interests of rural residents: the Law on Agricultural Land Turnover, the Law on Agricultural Cooperation, the Law on Personal Auxiliary Enterprises and the Law on Peasant (Farm) Enterprises. The lawyers informed the participants about the rights granted as a result of the land reform, and the most efficient ways of use and protection of such rights. After the seminar the lawyers rendered individual advice. The seminars lasted for 2-3 hours, sometimes longer. In addition to that the Center organized seminars for associations of farm enterprises, lawyers of agricultural administrations and raion land committees. For example, the Head of the Puchezhsky Raion Administration ( As a rule, people took active part in the seminars, showed much interest and asked a lot of questions. However, in some places rural dwellers were less active; they could not believe that by acting together, with the aid of the law, they could improve their standing and well-being, and confront the dishonest heads of agricultural organizations and local officials. The feedback was always positive. Ordinary people, as well as heads and experts of local administrations thanked the lawyers for the useful information, told them that nobody had informed them about their rights before, and invited the lawyers to come again. In 2004 the Center held 60 field meetings, which were attended by about 1,200 people. All participants were provided with the reference and informational materials prepared by the lawyers of the Center. In 2004 the Center continued to cooperate with its partners – non-profit organizations. For example, the The Center also helped the public organization “Zelenye Kedry” (“Green Cedars”), which has offices in almost all provinces of the 3. Judicial protection. In 2004 the lawyers of the Center continued to help its clients to resolve their problems in court. The lawyers prepared 7 statements of claim; the courts considered 5 of these claims and delivered their judgements, all in favor of the Center’s clients. As a result of the court rulings one client managed to obtain his property share from the collective enterprise, and another client – head of a farm enterprise – registered his real estate rights with the registration body. Two other clients managed to receive the rent due for 2002 and 2003 for their land shares leased by an agricultural organization. The court also passed a ruling on liquidation of the farm enterprise, which had been opposed by the tax authorities. Two cases are currently under consideration – the case on protection of land ownership rights of the farm enterprise and the case on allocation of a land plot in exchange for the land share. The small amount of court cases is a result of rural citizens’ distrust in courts. The overwhelming majority of rural citizens still are reluctant to protect their rights in court. This is again caused by the people’s distrust in the fairness of the judicial system and their unwillingness to conflict with agricultural organizations and state management bodies on which they depend. The lawyers are trying to change this situation by telling people about the legal cases in which they participated, and by convincing people that in certain situations the conflict may be resolved only in court. 4. Work with bodies of power and administrative bodies In 2004 the Center continued to render legal assistance to officials of local self-government bodies, bodies of executive power, land committees, heads of collective agricultural organizations, associations of peasant (farm) enterprises, etc. by rendering advice on various issues. During that period the Center was contacted by 47 officials. The administrative bodies still lack highly qualified lawyers, which results in difficulties with practical application of new norms of legislation. Sometimes local officials either misinterpret the norms of recently adopted legislative acts or absolutely cannot apply a new law due to the lack of experience in practical application. And then there is a risk that certain problems will not be resolved at all or will be resolved not in favor of ordinary rural citizens. The advice and explanations of the lawyers of the Center help the officials to take optimal and lawful decisions. Many officials, like ordinary citizens, become regular clients of the Center. An opportunity to influence and participate in lawmaking activities is also very important. The lawyers of the Center addressed the meeting of lawmakers in The lawyers of the Center also participated in elaboration of the Draft Law “On Establishment of the Maximum Total Size of Land Plots for Personal Auxiliary Enterprises on the In 2005 the Center will continue working on strengthening and protection of citizens’ rights to land: 1. The Center’s lawyers will continue to render individual advice to rural citizens in 2. The lawyers of the Center will continue to provide in-court defense of the interests of rural citizens whose land rights are violated by executive and administrative bodies. In addition to resolving particular problems, this will strengthen the people’s belief in the rule of law and guaranteed government protection of their rights. 3. The Center will continue to inform rural citizens about the legislation, which affects their rights, through mass media in The Center will continue to publish topical brochures and informational leaflets describing the new legislation and its practical application. The Center will provide for informational development of its web site. While carrying out its educational activities the Center will pay special attention to direct meetings with rural citizens in villages, which will allow the Center to familiarize rural citizens with their rights and ways of their protection in a more intelligible and accessible way. 4. The Center will continue to collect and summarize the information about practical application of the norms of the Law on Agricultural Land Turnover, pinpoint the problem provisions of the law, and submit such materials to the authoritative state bodies. The Center will continue to pay special attention to practical allocation of land plots in exchange for land shares. 5. The Center will continue to take part in lawmaking activities. While carrying out this activity, the Center will focus its efforts on protection of interests of land owners and the rural population as a whole, and will advocate the ideas and principles of the land reform. 6. The Center is planning to start working on development of the land market by virtue of collection and publication of information about transactions with land shares and land plots of agricultural designation. e. The Expected Outcome of the Center’s Future ActivitiesAs a result of the Center’s activities a considerable number of rural citizens will be able to obtain information about innovations in land legislation. They will realize and understand how to exercise their statutory rights most efficiently. They will gain practical knowledge of how to apply laws in their own interests and protect their rights in state and judicial bodies. The activity of the Center will lead to improvement of the norms regulating legal land relations, enhancement of law-enforcement practices and simplification of the procedure for realization of the citizens’ rights to land. The information about the land market will become more accessible. The database of requests and proposals concerning agricultural lands will be established. All this would encourage the emergence of more economically and politically independent subjects, and would have a beneficial effect on the well-being of rural citizens. III. On the Personnel of the CenterMr. Aleksei Pulin, Director of the Center, graduated from the Ms. Marina Turina, Expert/Advisor, graduated from the Gorky Department of the All-Union Correspondence Institute of Law in 1984, majored in jurisprudence. Ms. Turina has been a practicing lawyer since 1984. She has been working at the Center since November 1996. Ms. Tiurina supervises the Center’s informational and educational activities, maintains contacts with mass media, prepares the materials for publication in mass media, renders advice to the Center’s clients and represents their interests in court, and provides for summarization of the Center’s practices. Ms. Stepanova Svetlana, Expert/Advisor, graduated from the
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Copyright © 2004 Öåíòð ïîääåðæêè çåìåëüíîé ðåôîðìû âëàäèìèðñêîé îáëàñòè 600000, Ðîññèÿ, ã.Âëàäèìèð, óë. Áîëüøàÿ Ìîñêîâñêàÿ, ä.49 Ñîçäàíèå ñàéòà Âëàäèìèð Ãîðîä Âëàäèìèð , Êîìïàíèÿ " Ìàðêåò Îôèñ ". Ñîçäàíèå ñàéòîâ è ðàñêðóòêà ñàéòîâ â ãîðîäå Âëàäèìèðå . |
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