Legal encyclopedia. Letter H

LAND LAW.

It is a set of legal norms, the subject of legal regulation of which are land legal relations, i.e. Public relations on the use and protection of land as a natural resource, conditions and means of production. This regulation is carried out in order to organize the rational use and protection of land, improve and reproduce soil fertility, protect the rights and legitimate interests of the subjects of land relations.

As a branch of the ZP it is most convenient to consider on three sides. The initial form of ZP is ideology, which unites a system of homogeneous legal norms. The secondary form of this right is directly the rules of law. The third party is land legal relations, the result of which is the application of land law in reality.

The legal ideology unites many

Land legal norms into a single system that looks like a conceptual state policy aimed at ensuring the rational use and protection of land.

Norms ZP, providing the legal basis for the land system of the Russian Federation, the organization of rational use and protection of land use and protection, reinforce the land policy of state bodies in the generally binding rules of conduct in relation to the land.

A lot of land and legal norms find their material expression in real life in the form of land legal relations, and their foundations are: state land management through control over its use and protection; Bringing to responsibility for violation of land legislation and causing harm to land resources or rights to them; Stimulation of rational use and protection of lands, etc.

ZP is regarded as an independent branch of law in the Russian legal system.

ZP as the branch of law:

1) comes from the multiplicity of subjects

Ownership of land and types of rights to land plots;

2) regulates the behavior of subjects of land legal relations;

3) establishes the procedure for the activities of state bodies for the organization of rational use and protection of lands;

4) protects the constitutional rights and interests of citizens and legal entities associated with the use of plots in all spheres of life.

The subject of legal regulation of the land sector of law - volitional social relations, having its object such category as land. The earth is the territorial basis of existence and activity of people, a natural means of production.
A natural resource is a certain set of stocks of natural substances, natural energy that are used by society to meet their needs or are recognized as such.

Also, the right to treat the land as a property, the object of ownership and other property rights.

In order for a land plot to be recognized as a real estate and thereby an object of ownership or other rights to land, it must be individualized, its size, boundaries and location must be determined.

The land plot is a part of the land surface (including the surface soil layer), the boundaries of which are described and certified in accordance with the established procedure by the authorized state body, as well as everything that is above and below the surface of the land plot, unless otherwise stipulated by federal laws on subsoil, On the use of airspace and other federal laws.

The land plot is a land plot granted to a citizen or acquired by him for growing fruit, berry, vegetable, melon, or other crops and potatoes, as well as for recreation (with the right to erect a dwelling without the right to register residence in it and economic buildings and structures) .

ZP as an independent branch of the legal system has a method of legal regulation of land legal relations. In accordance with

General principles of the theory of state and law, the methods of legal regulation in ZP are the methods and methods of influencing the participants of these relations, corresponding to the nature of land legal relations, which consist of established

Land and legal norms of rights and obligations of participants in regulated relations and application of state coercion measures to them

Non-observance of the land legal norms by the participants.

Depending on the content of land legal relations, their legal regulation is carried out either on the basis of imperative or on the basis of a dispositive method. The imperative method of legal regulation is the organizational impact on the participants of land legal relations through the establishment of binding requirements and prohibitions.

The discretionary method presupposes the impact on the participants of land legal relations by defining only the limits of the behavior of these participants and giving them the opportunity to freely and independently regulate their own

Relationships within the established limits.

The system of the ZP branch includes a set of land legal institutions, each of which consists of a group of land and legal norms regulating homogeneous types of land legal relations that have a high quality of unity. For example, those land legal norms that govern the management of the land cadastre are made up of the land cadastre institute, the norms regulating relations in the field of land management, the land management institution, etc.

Two or more legal institutions can be combined into one complex legal institution. An example of a complex legal institution in land law is the institution of state land management, which includes the following land legal institutions:

1) Land Cadastre Institute;

2) Land Management Institute;

3) land granting institution;

4) land seizure institute;

5) institute of state control over the use and protection of lands;

6) the institution for the resolution of land disputes and

Other

In the General part the legal regime of lands is fixed in the form of the order of behavior of all subjects in relation to the ground established by the norms of land law.

Types of land and legal institutions of the General Part of the ZP:

1) the institution of land ownership;

2) institute of state management of the land fund;

3) the institution of land use rights and protection of land rights.

The general part is subordinated to the Special Part, which consists of land legal institutions that determine the legal regime of the land of certain categories allocated for the main purpose. Types of land institutions of the legal regime of the Special Part:

1) the institute of agricultural land;

2) the institution of land settlements;

3) the institute of industrial, energy, transport, communications, radio broadcasting, television, informatics, land for space activities, defense, security and land lands

Special purpose;

4) institute of lands of specially protected territories and objects;

5) the Forest Fund Institute;

6) institute of lands of water fund;

7) reserve land institute.

The discipline of ZP is a system of knowledge and scientific provisions on the basic legal concepts, principles of the land law branch, set out in strict sequence. System of educational discipline ZP is divided into General and Special parts.

In addition to these parts, a separate section is highlighted. He is studying the issues of land legislation and specific features of legal regulation of land

Legal relations in foreign countries.

The general part of the academic discipline ZP considers: the subject, method, the system of land law, the concept and features of land legal relations, the history of land law and land legislation. The special part is considered: features of the legal regime of certain categories of lands and lands granted to citizens.

ZP is also a branch of science and

Is engaged in the study of social processes, which are connected with the regulation of land legal relations. However, in its tasks and the range of issues under study, the science of land law differs from the branch and the academic discipline. In relation to the branch of law, the science of land law performs an official role, it is called upon to solve a complex of various tasks in order to ensure the effectiveness of land legal norms.

Science ZP reveals the development trends of domestic land legislation.

The structure of the ZP is based on the basic concepts that make up the principles of land law and land legislation. In turn, they are divided into general legal principles and industry principles.

The sectoral principles of ZP and land legislation include:

1) the importance of land as the basis of human life and activity;

2) protection of land as an important component of the environment and the means of production in agriculture and forestry before using land as real property. This principle determines

Basic provisions for the ownership, use and disposal of land plots;

3) protection of human life and health;

4) participation of citizens and public organizations (associations) in resolving issues relating to land rights. Bodies of state power, bodies of local self-government, subjects of economic and other activities are obliged to ensure the possibility of participation in the procedure and forms provided for by land legislation;

5) the unity of the legal fate of land plots and objects that are strongly associated with them;

6) priority of conservation of especially valuable lands and lands of specially protected territories. The following special groups of land are distinguished: valuable agricultural land; Forest lands occupied by forests of the first group; Lands of specially protected natural territories and objects; Lands occupied by objects of cultural heritage, and other especially valuable lands;

7) pay for land use;

8) division of land by designated purpose into certain categories. It follows that the legal regime of lands should be determined only on the basis of their belonging to that or

Other categories and permitted use in accordance with the zoning of territories and the requirements of the legislation of the Russian Federation;

9) delineation of state ownership of land. All lands that are in state ownership are divided into the following types: RF property; Property of the subjects of the Russian Federation; Ownership of municipal entities of the Russian Federation;

10) a differentiated approach to the establishment of the legal regime of lands. When determining the legal regime of lands of a certain category, natural, social, economic and other factors must be taken into account;

11) a combination of the interests of society and the legitimate interests of citizens. The legal regulation of the use and protection of lands should be carried out in the interests of the whole society and guarantee the protection of the rights of each individual citizen for the free possession, use and disposal of his land plot.

Significant changes were made to the sectoral principle of ZP - the principle of ownership of land. Instead of the principle

Unified state ownership of land, the principle of the plurality of different forms of ownership was established.

In accordance with Art. 9 of the RF Constitution, the RF CC RF distinguishes between private, state, municipal and other forms of ownership.

Current legislation is based on the multiplicity of forms of land use: permanent (unlimited) use of land, lifelong inheritable possession of a land plot, limited use of another's land plot (easement), renting and gratuitous use of a land plot.

This is accompanied by the establishment of such principles as the right to independently manage the land; Equality of all entities that use the land; Judicial protection of rights to land; Compensation for damage caused by violation of the requirements of land legislation, and losses caused by the withdrawal of land for state and municipal needs.

ZP sources are normative legal acts adopted by the competent state authorities and local self-government bodies,

Regulating relations arising from the use of land.

In the legal literature, ZP sources are classified into: federal acts of the Russian Federation; Acts of the subjects of the Russian Federation; Acts of local self-government bodies, as well as laws and subordinate regulations.

The main normative act,

Defining the constitutional basis of land relations, is the Constitution of the Russian Federation, in which two groups of norms stand out:

1) norms directly regulating land relations;

2) other articles of the RF Constitution, indirectly regulating land relations. The codified normative act regulating land relations is the Land Code of the Russian Federation.

The federal law "On the circulation of agricultural land" is designed to ensure the implementation of constitutional norms on private ownership of land, as well as to streamline relations in the field of public land management in terms of disposing of priority categories of land, which are agricultural land.

Property relations arising from the use of land are regulated by the rules of civil law (the Civil Code of the Russian Federation).

Property relations arising from the use of land are regulated by land and legal regulations.

The sources of ZP include acts of other branches of law.

Legal norms related to the regulation of land legal relations are contained in sources of administrative and criminal law - measures of responsibility for committing land crimes; Housing law - the norms on the right of citizens to obtain land for housing construction, etc.

A special place among the sources of ZP is occupied by international bilateral agreements relating to land relations, concluded in the established manner or approved by the competent state body of the Russian Federation, as well as agreements concluded by the Russian Federation with its subjects. The same group includes standard contracts that allow to disclose the content of land legal norms, various sanitary norms and rules.