Land law. Subjects and content of land legal relations (the most important)

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Land law. Subjects and content of land legal relations (the most important)

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13. SUBJECTS AND CONTENT OF LAND RELATIONSHIPS

Subjects of land legal relations are citizens, legal entities, the Russian Federation, subjects of the Russian Federation, municipalities. Citizens, subjects of land relations, in this case, should be understood as citizens of the Russian Federation, as well as foreign citizens and stateless persons (i.e., individuals). The rights of foreign citizens, stateless persons and foreign legal entities to acquire ownership of land plots are determined in accordance with the Land Code of the Russian Federation and federal laws. Foreign citizens and legal entities are subject to all norms of land legislation, except for cases when a special regime is established for them. For example, according to the Federal Law on the circulation of agricultural land, agricultural land can only be provided to foreign entities on lease.

The powers of the Russian Federation, subjects of the Russian Federation, municipalities are determined in accordance with the Land Code of the Russian Federation and other regulations governing land relations. In Art. 9-11 of the Land Code of the Russian Federation establishes the basis for the powers of the Russian Federation, subjects of the Russian Federation, municipalities in land relations. The entry of public entities into land ownership relations, including transactions, is carried out taking into account the specifics established by civil law.

Subjects of land relations are:

1) owners of land plots;

2) land users - persons who own and use land plots on the right of permanent (indefinite) use or on the right of gratuitous fixed-term use;

3) landowners - persons who own and use land plots on the right of lifelong inheritable ownership;

4) tenants of land plots - persons who own and use land plots under a lease agreement or sublease agreement;

5) easement holders - persons who have the right to limited use of other people's land plots (easement).

The content of land legal relations is the interconnected rights and obligations of participants in land relations, implemented by them by performing certain actions or refraining from performing these actions specified in the legislative act. They depend on their legal status, characteristics of the object, type, subtype of relationship. Subjective land rights and legal obligations of legal entities are determined in accordance with the charter and are special. Subjective rights and legal obligations of other participants in land legal relations - individuals - depend on the presence or absence of Russian citizenship. Relations regarding the use and protection of subsoil, water, forests, wildlife and other natural resources, environmental protection, protection of specially protected natural areas and objects, protection of atmospheric air and protection of objects of cultural heritage of peoples are applied accordingly to the legislation on subsoil, forestry, and water legislation. , legislation on wildlife, on the protection and use of other natural resources, on environmental protection, on the protection of atmospheric air, on specially protected natural areas and objects, on the protection of cultural heritage sites of peoples, special federal laws.

The norms of these branches of legislation apply to land relations if these relations are not regulated by land legislation. Property relations for the possession, use and disposal of land plots, as well as for transactions with them, are regulated by civil law, unless otherwise provided by land, forestry, water legislation, subsoil legislation, environmental protection, special federal laws.

Author: Medentsov A.S.

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