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Land law. Subject of land law (most important)

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2. SUBJECT OF LAND LAW

The subject of land law as a branch of Russian law is public relations regarding land as the basis of life and activity in the relevant territory (land relations).

The specificity of these relations as an independent subject of legal regulation is determined by their object - land. Land is a natural object, a natural resource, the main means of production in agriculture and forestry, and the basis for other activities. The earth as a natural object is in organic connection with other natural objects: bowels, waters, forests, flora and fauna. This determines the connection of land legal relations with other legal relations regarding the use and protection of other natural objects and resources in general and each separately, which, in turn, determines the existence of such a connection between land law and other natural resource branches of legislation.

The objects of land relations are: land as a natural object and natural resource; land; parts of land.

Land as a natural object and natural resource can act as an object of land relations in general. The allocation of land as a natural object is associated with relations for the protection of land and control over compliance with the requirements for the protection and rational use of land. A land plot as an object of land relations is a part of the earth's surface (including the soil layer), the boundaries of which are described and certified in the prescribed manner. This concept of a land plot should be considered the main one for the inclusion of a land plot in land-legal relations.

Land may be divisible or indivisible. Divisible is a land plot that can be divided into parts, each of which, after the division, forms an independent land plot, the permitted use of which can be carried out without transferring it to land of another category.

Features of the land give rise to the specifics of both land legal relations and the subject of land law.

Thus, the subject of land law is public relations for the use and protection of land in the Russian Federation as the basis for the life and activities of the peoples living in the respective territory.

The legislation on subsoil, forestry, water legislation, legislation on the animal world, on the protection and use of other natural resources, on environmental protection, on the protection of atmospheric air, on specially protected natural areas and other special federal laws.

The norms of the indicated branches are applied to land relations if these relations are not regulated by land legislation.

Property relations for the ownership, 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, and environmental protection.

Author: Medentsov A.S.

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