Agrarian law. System and principles of agricultural law (most important)

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Agrarian law. System and principles of agricultural law (most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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2. System and principles of agricultural law

Agricultural law system consists of a General and a Special part.

The General Part includes institutions that characterize:

1) state regulation of agriculture;

2) legal regulation of social relations in the countryside;

3) legal bases of agrarian reform;

4) legal status of agricultural organizations;

5) the legal status of peasant (farm) holdings;

6) the legal status of personal subsidiary plots of citizens.

The Special Part includes institutions that determine:

1) the legal regime of property of agricultural organizations;

2) the rights and obligations of agricultural organizations for the use of land and other natural resources;

3) features of legal regulation in agriculture:

a) financial relations;

b) labor relations;

c) contractual relations;

4) the right to entrepreneurial activity (including in the branches of agriculture - in the field of seed production, breeding, veterinary business, selection activities);

5) liability for violations of agricultural legislation. Agrarian law is built mainly on the principles that are characteristic of all Russian law:

1) ensuring the rule of law in the activities of all participants in agrarian relations;

2) the establishment by the state of the main priorities for the development of the agro-industrial complex;

3) environmental safety, ensuring the quality of products;

4) freedom of choice of forms of management by agricultural entrepreneurs;

5) freedom of contract;

6) judicial protection of the violated rights of participants in agrarian relations.

However, one special principle is still inherent in agrarian law - this is the principle of taking into account the specifics of agricultural production.

Its specificity lies in the fact that in agriculture the land is used as the main means of production; it is associated with the reproduction of living organisms - plants and animals - and has a seasonal character. But these are objective features.

The practice of law enforcement shows that the norms of agrarian laws are effective when they take into account social and legal specifics: the way of rural life, the mentality of the peasantry that has developed over decades of the collective farm system in the absence of the right to private ownership of land and systems of contractual relations.

Author: Zavrazhnykh M.L.

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