Land law. Legal regulation of land transactions (most important)

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Land law. Legal regulation of land transactions (most important)

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27. LEGAL REGULATION OF LAND TRANSACTIONS

The conditions for the turnover of land plots are defined in the Constitution of the Russian Federation, guarantees of ownership of citizens' rights to land, the principle of equal protection of all its forms are established.

Land transactions governed primarily by civil law. The main provisions of civil law define the principles and sources, the rules for the emergence of civil rights and obligations, their implementation and protection.

Some issues of land transactions, contractual relations and civil turnover are regulated by the norms of the Land Code of the Russian Federation, other federal laws, laws of the constituent entities of the Russian Federation, decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation. Issues relating to the conclusion, execution and termination of transactions may be determined by acts of ministries and departments.

The Land Code of the Russian Federation of October 25, 2001 is of great importance for the legal regulation of land relations. Land legislation is a system of regulations of the Russian Federation and constituent entities of the Russian Federation regulating land relations. Land legislation consists of the Land Code of the Russian Federation, other federal laws and laws of constituent entities of the Russian Federation adopted in accordance with them. The basic norms of land law are contained in the Land Code of the Russian Federation, which is based on the norms of the Constitution of the Russian Federation. The norms of land law contained in other federal laws and laws of constituent entities of the Russian Federation must comply with the Land Code of the Russian Federation.

Land relations can also be regulated by decrees of the President of the Russian Federation, which should not contradict the Land Code of the Russian Federation, federal laws. The Government of the Russian Federation makes decisions regulating land relations, within the limits of the powers determined by the Land Code of the Russian Federation, federal laws, as well as decrees of the President of the Russian Federation regulating land relations. On the basis of and in pursuance of the Land Code of the Russian Federation, federal laws, other regulatory legal acts of the Russian Federation, laws of the constituent entities of the Russian Federation, executive authorities of the constituent entities of the Russian Federation, within their powers, may issue acts containing norms of land law.

Based on and in pursuance of the Land Code of the Russian Federation, federal laws, other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, local governments, within their powers, may issue acts containing norms of land law.

The regulation of land relations is in contact with the regulation of the use of natural resources, buildings, structures and other real estate. The RF LC defines the conditions for the interaction of its norms and the norms of other legal acts. Special legislation is applied to relations on the use and protection of subsoil, waters, forests, wildlife and other natural resources, environmental protection, protection of specially protected natural territories and objects, protection of atmospheric air and protection of objects of cultural heritage of peoples. The norms of other branches of legislation apply to land relations if these relations are not regulated by land legislation.

Property relations with land plots, for making 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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