Agrarian law. Subject and method of agricultural law (most important)

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Agrarian law. Subject and method of agricultural law (most important)

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1. Subject and method of agricultural law

agricultural law - this is a set of legal norms that regulate social relations that develop in agriculture, in the process of agricultural activities.

Agricultural law refers to complex branches of law. The allocation of agricultural law to a complex branch of law is based on:

1) the presence of the subject of legal regulation as the main material basis for delimiting the norms of law by industry, namely, a specific range of social relations that have a fairly large social significance and require special legal regulation, the basis of which are relations that develop in the sphere of production, processing and sale of agricultural products;

2) methods and principles of legal regulation;

3) the existence of the necessary regulatory material and, above all, the existence of its own sources (agrarian legislation), which are not included in any of the main branches of law;

4) agrarian policy of the state as a subjective basis for the formation and development of agrarian law. Agrarian law acts as a legal form of expression and consolidation of the agrarian policy of the state.

The subject of agricultural law are various social relations that arise in the process of agricultural activities, as well as directly related to the activities of subjects of agrarian law, which are called agrarian relations.

Each of the traditional branches of law has a specific method of legal regulation, that is, the way the norms of this branch influence the behavior of people, the social relations regulated by this branch.

Agricultural law (as a complex industry) uses the methods of different industries. It is characterized by an organic combination of public law and private law methods of regulation.

1. Public - state, administrative, criminal, criminal procedure, financial, civil procedure (regulates the relationship of the state, its bodies with citizens and other subjects of law.

2. Private - civil, family, labor law (the sphere of free activity, where everyone, including the state, participates in relations on an equal footing).

In agrarian law, managerial, public law relations relate to state regulation of prices for agricultural products, quality indicators of these products, state subsidies and compensations, taxes, and conditions for granting loans. They constitute the sphere of activity of the bodies of the Ministry of Agriculture, state commissions and inspections.

In these relations, methods of permission, prohibition, imperious prescription are used.

Author: Zavrazhnykh M.L.

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