Problem questions of conclusion of a land plot lease agreement for needs of penal system

Rashhupkina L. V., Serdyuk A. L., Shorgina E. V.

The article discusses the features of the legal regulation of the conclusion of a lease of land for the needs of state institutions and enterprises of the Federal Penitentiary Service of Russia, it concludes that the priority of land legislation over civil law is at the same time, the very procedure for concluding such agreements is regulated by procurement law, since these agreements will be concluded only through the bidding procedure. Particular attention is paid to problematic issues arising from the use of agricultural land by institutions and enterprises of the penal correction system. The authors focus on the fact that, due to certain legislative restrictions, UIS institutions and enterprises cannot be lessors, since the regime for transferring land plots for permanent (unlimited) use directly prohibits, without any exceptions, disposing of this land plot. According to the authors, the analyzed legal relations require a legal settlement up to the introduction of amendments to the federal legislation.

Keywords:land plot, rental property, government agency, state contract, operational management, bidding, permanent unlimited use.