Methodologies for scientific research in land use and cadastral activities (case study of artificial land plot)

. Together with the development of professional disciplines in higher education, one of the most important trends is the introduction of research into the teaching and learning process. It allows students to develop their ability to work more deeply and comprehensively with scientific and methodological aids as well as with the legal and regulatory framework being the most essential and relevant to land surveying and cadastral relations. The application of different methodologies to scientific cognition helps to enhance students' research skills and prepare them for possible use in production processes in the future. An artificial land plot being the subject of this study shall be recognized as a land plot after putting into operation, but, based on its definition, continue to have the status of a structure. This fact predetermines its dualistic nature. As a consequence, effective regulation of the legal regime of artificial land plots is impossible without the cumulative impact of legislative norms reflecting the specifics of the relevant sphere of social relations. It is from this that the relevance and timeliness of the study follows.


Introduction
The aim of research activities can be defined as identification of a particular object and comprehensive knowledge of its essential properties, parameters and relationships, using the methodologies adopted in the scientific field, which should subsequently lead to effective results in a particular field.In order to achieve the scientific objective, a number of specialized procedures must be applied, which are referred to as research objectives and imply establishing the requirements for addressing research issues.
Any R&D activity is carried out within a specific field of science, where a subject matter of the research is concerned.Therefore, research activities may be technical, economic, legal, historical etc. in nature.At the same time, a research can often be quite complex and cover various issues.For example, the research carried out in the course of a given work can be classified as both a technical and, in part, a legal one.
The main objective of this research study is to examine the specifics of an artificial land plot construction and to identify the specifics of defining it as a real estate unit.
In order to achieve the objective, it is necessary to: Examine the organizational and legal framework for the creation and registration of artificial land plot; Establish basic theoretical provisions related to artificial land plot; Identify the grounds for state registration of artificial land plot; Apply the methods of abstraction and balance to site-specific research process; Perform a return on investment study of the research made; Identify possible ways to implement the results of the research.The methods of abstraction and balance of scientific research should be applied to achieve the objective and address the identified challenges.

Materials and methods
The concept of "relevance" is consistently applied in any research work.Relevance implies the validity and timeliness of undertaken research and characterizes the importance of the issue under consideration.That is, if such issue meets the current demands in a particular scientific field, then it is considered relevant.Thus, the relevance of a problem can be characterized by such criteria as importance, timeliness, and validity.In order to identify the research relevance it is necessary to justify the need of detailed consideration and study of a certain problem at a particular time.
The relevance of any study can be justified based on the following criteria: Eliminating gaps in a particular field of study; Further progressing of issues in the current phase; Taking a particular side with diverse scientific views on the issue; Systematisation of previous research; Consolidating and developing existing information on the issue of research activities; Identification of new issues to focus public attention on.It is an undeniable fact that the Russian Federation can be described as the state with the most extensive territorial resources.However, even in such a country, there may be a need to expand certain territories.This may be done in ways that are far from traditional.For example, an area (often an urban and densely built-up one) is not always adjoined by vacant land suitable for its development.There may also be a need to create additional space in a specific location that does not have additional available resources (e.g. a coastline) [1].
In order to eliminate any territorial shortage in the above considered cases, modern technologies for the creation of man-made land plots, land reclamations etc., which, under the current legislation, should be called the artificial land plots, shall be used.Besides, they justify the relevance of this case study.

Results
This study uses abstraction as a method of scientific cognition.This notion is of Latin origin and is derived from abstractio, i.e. abstraction, isolation.Thus, abstraction is a method of scientific activity in the form of a irrelevant detachment from the range of characteristics and parameters of the object of study, which can be considered insignificant in the issue under consideration.The researcher's attention in this case focuses only on those features that are essential to the disclosure of the research issue.The object characterized by the features identified through the application of this method of cognition is usually considered to be an abstraction [2][3][4].
For identification of features of ALP as a real estate object, it is necessary to abstract from its non-essential properties from the cadastral point of view -the specifics of the creation technology (i.e., reclamation, dumping, materials, and equipment), and focus on the specifics of the formation of ALP as a Real Estate Object, i.e. the specifics of the documentation of the procedures to be performed (e.g., approvals, etc.).
Once an artificial land plot has been created and commissioned, registration and recordkeeping activities must be carried out.Peculiarities of their performance are regulated by Article 45 of Federal Law No. 218-FZ of 13.07.2015"On State Registration of Real Estate".Underlying documents set by this article for registration of artificial land plots are shown in Figure 1. Figure 1 shows that in addition to the a.m.construction and commissioning permits, the underlying documents consist of planning documents for the area within planned boundaries of ALP as well as an agreement on the construction of such a land plot (required in case of common ownership) [5][6][7].
Despite the fact that artificial land plot retains the status of a structure after its putting into operation, it is still recognized as a land plot that follows from the interpretation of its definition.In result, in accordance with the legislation in the area of urban planning, in order to establish the boundaries of zones of planned location of capital construction facilities within its boundaries, the development of territory planning documentation is required.
According to Article 9 of Federal Law No. 246, the development of land planning documentation precedes the construction of an artificial plot of land.Such documentation is prepared to define characteristics of its planned development within its boundaries.
Besides, the developed land planning documentation is subject to be revised if the boundaries of ALP established therein do not correspond to their actual boundaries.These actions are to be taken by the person who has developed such documentation without proper decision making.
Site planning documentation within the planned boundaries of ALP shall be approved by the following authorities: -Federal executive authority which initiated the creation of a land plot; -Regional authorities which initiated the creation of a land plot; -Regional authorities, if the creation of such ALP has been initiated by a natural person or legal entity; -Local authority that initiated the creation of a land plot.The respective territory planning documentation shall be approved within 30 working days from the receipt of the relevant application and documentation.

Commissioning Permit
When entering into agreement on the creation of ALP, the person who won the auction for the right to conclude such an agreement shall be one party to the transaction, and the other parties to the transaction shall be as follows: -Public authorities (of the Russian Federation and its constituent entities) and local authorities that initiated the creation of a respective land plot; -Federal executive body authorized by the Russian Government, if ALP is to be constructed within a seaport or river port; -Authorized regional authority if the creation of ALP was initiated by a natural or legal person.
Besides, it should be noted that the authorized federal executive body is entitled to enter into such an agreement without holding an auction with the persons defined by relevant acts of the President of the Russian Federation or the Government of Russia (that requires to create ALP) based on a decision of the Government of the Russian Federation, as well as with the owner of the land located within maritime or river ports, which will be adjacent to ALP to be created, provided that object of civil facilities connected to the object of civil facilities on the existing land plot will be constructed on this artificial land plot.
When entering into such an agreement, both parties shall mutually agree on its provisions -essential terms of the agreement.These terms include characteristics of ALP location and information on its planned boundaries, price of the right to conclude such an agreement established following an auction, the person's obligation to perform work for ALR construction within the specified time frame, implementation timelines, and the liability for failure to comply with the established obligations.
Furthermore, if the planning documentation provides for the erection of object of civil facilities on an artificially created land plot, the essential provisions shall also include obligations of the contracting party to erect such a facility within the stipulated time frame.
If, upon completion, this facility is to be transferred to the state or municipal ownership, the agreement must specify terms and main conditions of such transfer.
Besides, the considered agreement shall contain data on distribution of shares in the ownership in common, if it provides for the establishment of such a title.This is based on the fact that if a person fails to fulfill his/her obligations stipulated in the agreement, the authority that is the counterparty to the transaction will be entitled to terminate such an agreement [8][9][10][11][12].
After reviewing the above information, one can conclude that the registration procedure for artificially created land plots is similar to those procedures for real estate objects we are used to.Thus, obtaining a commissioning permit is a mandatory procedure for artificial land plots as well as for other capital construction objects.
On the other hand, an artificial land plot requires a permit for its creation, just as a building permit is required for buildings and structures.In addition, the cadastral registration procedure of the object in question is carried out similarly to the registration of a natural land plot on the basis of a land survey plan prepared in result of the cadastral works.
The form of land survey plan and requirements for its preparation are stipulated by Order No. 921 of the Russian Ministry of Economic Development dated 8.12.2015 "On approval of the form and composition of information in the boundary plan and requirements for its preparation".This document does not specify an artificial land plot.For example, the section "General information on cadastral works" of the land survey plan mandatorily specifies the type of cadastral works that will result in the creation of a land plot.
The list of options in the a.m.regulation that contains the types of works resulting in the formation of a land plot is as follows: -Merger of land plots; -Division of a land plot; -Redistribution of land plots; -Allotment from jointly owned agricultural land; -Formation of a land plot from land in state or municipal ownership; -Formation of a part of land plot [8][9][10][11][12][13][14][15].This list does not mention types of work for the creation of artificial land plot, i.e. it is not established with what wording this section should be completed in the case of preparing a land survey plan after the artificial land plot has been commissioned.
In addition, the requirements for the preparation of the textual part of the boundary plan regulate the documentation, which should be taking into account when a land survey plan is prepared.This list is established for 'general' cases and is not correct in the case of preparing a land survey plan for an artificial plot.
The above Order should list in more detail on the basis of which documents the land survey plan will be prepared in this case.For example, specifically for the allocation of commonly owned agricultural land, paragraph 23 of the second section of the Order states that the data on land survey project, decision of general meeting of shareholders on approval of the said project, list of owners of the land plots being formed and size of their shares of ownership right must be taken into account.
Similarly, for the preparation of a land survey plan in case of creation of artificial land plot, the permit for the creation of such a plot, planning documentation within the planned boundaries, agreement on its creation and commissioning permit should be identified in a separate paragraph as justification documents.In the same way, the entire content of Order No. 921 of the Ministry of Economic Development should be updated for the cases of preparation of land survey plan for artificially created land plot in order to avoid errors.
Such concept as balance method is derived from the word 'balance'.That is, it is closely related to the equilibrium ratio between certain elements or phenomena.The application of this method is to relate interrelated parameters in order to assess existing situation.The method is based on the interdependence of specific indicators between which a balance must be achieved.
After commissioning, an artificial land plot will have the status of both a structure and a land plot.This dual nature causes some contradictions and difficulties in the legal regulation of its creation and registration as a real estate object, for example, in terms of regulating the limit parameters of such an object.Let us analyze this issue using the balance method.
In the process of forming a "classic" land plot, the urban planning regulations established by the rules of land use and development for the specific territorial zone must be taken into account.Establishment or alteration of the permitted use of an artificial land plot is done by means of a permit for its commissioning.However, the problem of attributing the land plot to a particular territorial zone is not regulated and, consequently, neither maximum nor minimum dimensions of a land plot are specified.
Urban planning zoning is the most important tool for comprehensive implementation of a targeted policy in the sphere of urban planning, taking into account features of a market economy characterized by a variety of ownership forms.Its essence is to differentiate the territories of municipal entities into zones with regulated types of use and restrictions established by urban planning regulations, an integral part of which is the maximum size of plots.
It should be noted that the limits set for land plots, as we are used to, not always can be applied to man-made plots.The relevant issue here is to achieve a balance between the average size of ALPs being erected and the parameters set out in the Land Use and Development Regulations.
Obviously, sizes of natural and man-made land plots will not be comparable to each other, although they may be assigned to the same territorial zone.The size limits established for "classic" plots in the urban planning documentation may not always correspond to the parameters of ALP that raises the question of the regulations updating.
Thus, in accordance with Article 33 of the RF Building Code, amendments are made to the Land use and development regulations for the following reasons: -Non-conformity of the land use and development regulations with spatial planning documentation of a particular municipality; -Receiving recommendations on changing the limits of territorial zones or adjusting urban planning regulations; -Errors in the description of the location of borders of restricted use zones, territories where cultural heritage objects are located, territorial zones on maps, its inconsistency with the information on such zones and territories entered in the Unified State Register of Real Estate; -Inconsistencies between the restrictions on the use of real estate located within the above-mentioned zones and territories and the restrictions established in the Unified State Register of Legal Entities for such zones and territories; -Creation of new, transformation of existing, as well as elimination of previously listed areas and territories [2].
The second of the mentioned grounds can be used to amend the Land use and development regulations in terms of terminal parameters of ALP as a proposal to adjust the urban planning regulations on the basis of planning documents.As discussed above, the approval of planning documents is an integral part of the process of establishing ALP as item of immovable property.
Therefore, by making changes to the land use and development regulations, a balance can be achieved between the parameters they set and the actual size of ALP.

Discussion
Addressed in R&D issues represent not only the basis for expanding theoretical knowledge, but can also be put into practice as scientific achievements can improve certain aspects of the public life.
Such an unfamiliar object, especially to Russians, as an artificial plot of land raises a certain amount of scepticism on the part of the public.There are concerns about compliance with the environmental requirements for the construction of artificial land plot.After all, it partially occupies territorial area of a water body.It should be noted that such fears are groundless and arise only because the public does not have sufficient knowledge of this issue.After all, an integral part of the documents developed for the design of ALP is an environmental feasibility study, which in scientific terms, using forecasting and impact assessment, confirms safety of its construction from environmental point of view.This confirms the need to raise this issue in the public opinion.
Let us consider a possible effect of implementation of R&D results on the example of extension of the Don embankment in Rostov-on-Don.It was planned to construct an automobile road along Beregovaya street passing through the built-up area and partially along the Don river.Besides, the project of planning and land surveying was developed for placing a linear object "Construction of Beregovaya street from Bogatyanovsky spusk to 13th line street" in Rostov-on-Don.As part of such documentation the creation of artificial land plot was envisaged.The considered project of planning and surveying has been developed within the boundaries of the territory located within Kirovsky and Proletarsky administrative districts of Rostov-on-Don, with the Kirovsky district intended to be a location of the artificial land plot.
The creation of artificial land plot, as proposed in the land planning documentation, would have reduced the area of land plots to be seized from their owners by 1.3 ha compared to the alternative option that did not involve the construction of such a plot.However, this project was initially rejected and sent for revision based on the results of public hearings, and then it was cancelled by the Administration of Rostov-on-Don.In other words, the general public did not accept the construction of ALP which would entail a change, albeit a minor one, in the natural riverbed [16].
Thus, sufficient public knowledge of the characteristics of ALP could intensify the proliferation of such facilities and avoid, as in the example discussed above, unnecessary seizures of peoples' property.

Fig. 1 .
Fig. 1.Underlying documents required for registration of artificial land plots.