Legal encyclopedia. Letter H

LAND CODE OF THE RSFSR.

On

The main federal law regulating land

Legal relationship, is ZK 2001. The new LC RF is primarily characterized by a pronounced tendency to streamline and unify land relations. But in the presence of rather cumbersome articles, many norms seem "unfinished", internal contradictions between the provisions of individual articles of the CC are not uncommon. The peculiarity of ZK is to build on the basis of priority the norms of land legislation in the regulation of any relations in which land acts as an object. Therefore, the ZK often invades the sphere of regulation of other branches of legislation, primarily civil and civil procedure.

However, the Constitution of the Russian Federation, adopted in 1993, also regulates land legal relations. Having the highest legal force in relation to all other sources

Land law, the Constitution of the Russian Federation occupies a central place among all land legislation. The norms of the Constitution form the basis of sources of land law and are the starting point in determining the main directions for the development of state land policy, including all sectoral land legislation.

The Constitution of the Russian Federation contains legal norms that are specifically aimed at regulating land relations. For example, the Constitution proclaims the use and protection of lands and other natural resources of the Russian Federation as the basis for the life and work of peoples living in the corresponding territory of the country. Thus, the Constitution establishes such fundamental provisions of land law as the rational use and protection of land. In addition, the Constitution of the RF formulated the principle of the multiplicity of forms of ownership of land, i.e. The introduction of private, state, municipal and other forms of ownership of land and other natural resources.

In addition to the Basic Law of the Russian Federation, the range of land legal relations

Is also regulated by sectoral legislative sources of land law. These industry regulations are divided into two groups: codified legislative acts are the RF LC of 2001 and the land codes of the republics that make up the Russian Federation, as well as other federal laws and laws of the subjects of the Russian Federation.

ZK as a source of land law is a systematized legislative acts aimed at regulating the whole range of land legal relations. As a rule, in the Land Code, legal norms are arranged in a strict order, which generally reflects the system of land law, i.e. There is a division into the General and Special parts. Federal laws and laws of the RF subjects, in contrast to land codes, have a narrower subject of legal regulation, they specify the provisions of the Land Code of the Russian Federation, as well as the land codes of the republics.

The first RS of the RSFSR was adopted by the Soviet government authorities in 1922. Then in 1991 the next RS of the RSFSR was adopted. Having existed for a short time, this

The legal and regulatory source of land law has become obsolete and has ceased to respond to changes in land legal relations occurring in connection with the introduction of private ownership of land and the creation of a land market space in the Russian Federation. However, even in the period of the Land Code of the RSFSR in 1991, the preparation of a draft of a new LC RF was already underway. Adopted on October 25, 2001, the Land Code of the Russian Federation included much more direct action rules, as well as regulations governing land transactions, the procedure for transferring land from one category to another. In addition, the LC of 2001 determined the limits of the intervention

State bodies in the relationship of private ownership of land.

As a result of economic reform, including land reforms, not codified laws have acquired a significant place in the system of sources of land law, but independent legislative and legal acts of the Russian Federation and its subjects that are substantively coordinated with the Constitution of the Russian Federation and aimed at regulating specific land legal relations. Among these legislative acts can be identified as special laws that

Regulate exclusively land legal relations, and laws of other branches of the Russian legal system that contain norms relating to land and other natural resources.