View this article in RussianRisks arising in the process of implementation by the participants of the land market, their property rights and legitimate interests, and not related to the risks of worsening the qualitative state of lands, can be categorized in the following categories:[1]
- risks associated with the activities of state bodies and municipal authorities (further – administrative risks). This category of risks is related to the organization of work of state and municipal institutions performing Supervisory functions and the registration of rights to land plots;
risks the occurrence of which is due to the purity of the registration of title to land plot (hereinafter – the risks of investors and owners). These risks reflect problems that may arise from the holders of land rights in the process of economic and investment activity;
risks arising in the course of entrepreneurial activity in the sphere of the financial market (hereinafter – financial risks). Financial risks in the context of land relations arise in situations involving land plots in the financial turnover.
Classification of administrative risks:[1]
the risk of seizures. The risk is realized in the form of seizure of land for state or public needs. As a result of the withdrawal of the land plot it is possible that the amount of compensation, its amount on the date of withdrawal of the land plot will be less than the amount of actual losses;
- the risk of additional restrictions and burdens. The risk is realized in the form of additional restrictions, encumbrances, and establishment of public servitudes or uninformed about the planned withdrawal of all or part of the object in accordance with the planning documentation approved when you register egrn rights object;
- risk of changes of the row. The risk is realized in the form of registration of land property in sizes other than those for which the owner of the building located on the site reasonably expected;
- the risk of impossibility or unreasonable refusal in registration of ownership rights to land. The risk is realized in the form of inability to register the right to land and other property included in previously acquired in the privatization process;
- the risk of partial or full destruction of documents by the bodies of state registration. The risk is realized in the form of the inability to confirm the rights and make the transaction due to complete or partial destruction of, damage to or loss of the egrn documents and documents of title in the Department of justice;
- the risk of unplanned environmental events. The risk is realized in the delivery of public (municipal) or other owner of the facility that doesn’t meet environmental requirements, or the emergence of new requirements;
the risk of assigning an object to the monuments of cultural heritage. The risk is realized in the form of including the object located on the land, in the list of monuments or the list of again revealed objects of a cultural heritage, the inclusion of land in the restricted area.
Classification of risks of investors and rights-holders:[1]
- the risk of changes in size of land. The risk is realized in the form of registration of land in sizes other than those to which the investor or purchaser of the building located on the site lawfully counted;
- the risk of a decrease in the market value of the land. The risk is realized in the form of changes in the value of the object (one of the buildings located on the land or premises in the building) due to the decrease of the share in the land of the owner of the object, the environmental section of the territory or the use of ways reducing the market value of land with improvements;
- the risk of additional restrictions and burdens. The risk is realized in the form of a discrepancy of the actual restrictions and encumbrances previously received by the buyer on the basis of which they were the decision on the conclusion of the transaction, the absence of the egrn records available in accordance with the documents of title encumbrances. The risk may also be manifested in the form of newly discovered adverse circumstances such as underground communications, radioactive contamination;
the risk of claims of third parties on the land. The risk is realized in the form of claims of third parties in the implementation of investment activities;
- the risk of increased maintenance costs of the land. The risk is realized in the form of changes in the requirements of the land owner, leading to increased costs and new restrictions.
- the risk of uncertainty of duration of the registration. The risk is realized in the form of uncertainty of the legal status of the applicant influencing the level and qualification costs;
The classification of financial risks:[1]
- the risk of seller default by the buyer, for example, the sale of housing in installments;
- risks associated with the activities of the credit institution for the payment;
- changes in the purchasing power of money (for example, inflation in home sales in installments);
- death, total or partial disability of the buyer-a natural person.
- risk of the estimator: errors in the performance of professional duties, for example, unjustified overstatement or understatement of value of real property provided as collateral;
the risks of the pledgor: a failure by the borrower under the credit agreement;
the risks of lender non-compliance by the borrower under the credit agreement, a temporary deterioration or loss of liquidity, reduction of market value of the mortgaged property, error logger, illegal actions of third parties, the emergence of the need for additional investments due to insufficient justification of the investment project, the additional restrictions and encumbrances of the object of investments, changes in the purchasing power of money, the emergence of claims of third parties to the mortgaged property.
The main threats to economic security in the sphere of land relations:[3, p. 2,3]
The first group of threats is the decline of investment and innovative activity and the destruction of the scientific and technical potential.
The main threats to economic security in the investment sector include: [3, p. 2,3]
– the decline in resources for capital construction.
– the destruction of economic ties between the resource base, technical and technological support, scientific and personnel base.
The second group of threats are related to fuel and raw material orientation of the Russian economy, a lack of financial resources in other sectors of the economy.
The third group of threats is the outflow of funds from the country.
The fourth group of problems is connected with the growing social differentiation of the population, which in particular prevents the development of the land market, the emergence of the new owners[3, p. 2,3] .
The fifth group of threats connected with the development of the informal relations (corruption, imperfection of legislative base), which prevents efficient use of land resources.
These groups of threats are currently the most significant external threats to economic security in the sphere of land relations. Therefore, these economic threats to consider when developing a doctrine of economic security in the sphere of land relations.
Examining threats to the economic security, it is necessary to consider its factors. Distinguish economic, ecological, informational, social, organizational, and other factors [3, p. 2,3].
Economic factors of security threats in the sphere of land relations include factors that influence the attractiveness of individual segments of land relations for the crimes.
Social factors that impact on public safety. Negative social factors include social unrest, social dissatisfaction of the population, inter-ethnic problems.
Environmental factors that affect the environment (radiation and chemical pollution, risks of new biotechnologies).
Organizational factors that contribute to the fight against threats to economic security.
To information – factors that affect the provision of full and accurate information about the condition of land relations.
References
- Кричевский, Н. А. Страхование инвестиций: управление нвестиционными рисками, модели комбинированного страхования, развитие страхового инвестирования [Текст] : учеб. пособие для студ. вузов/ Н. А. Кричевский. М. : Дашков и К°, 2005 г. – 256 с.
- Дюжилова, О.М. Анализ рисков и угроз экономической безопасности региона/ О.М. Дюжилова, И.В. Вяткина// Региональная экономика: теория и практика – 2015. № 14 (389). – с. 1 – 7
- Мешков, С.А. Угрозы экономической безопасности в сфере земельных отношени/С.А. Мешков//Вестник Тамбовского университета – 2014. № 2 (130). – с. 1 – 7
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