Land law. Land law method (most important)

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Land law. Land law method (most important)

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3. LAND LAW METHOD

The method of legal regulation is understood as a way of influencing legal norms on participants in public relations. Legal regulation, in essence, consists in the official publication of legal norms (normative acts) that establish the rules for the conduct of subjects of legal relations.

There are the following methods of legal regulation:

1) imperative method (method of power-subordination) is a way of regulating social relations, which consists in establishing obligations for the subjects of legal relations, options for proper behavior and appropriate prohibitions. Imperative regulation is characterized by prohibitions, prescriptions and relations of power and subordination;

2) dispositive method - this is a way of regulating social relations, which consists in providing participants in social relations with the freedom to choose their actions. Dispositive regulation is characterized by agreements and recommendations.

Land law method - this is a way of regulating 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 corresponding territory (land relations).

Land law does not have its own, only its inherent method of legal regulation. When regulating land relations, both imperative and dispositive methods of regulation are used.

The imperative method is of primary importance, which is explained by the specifics of land relations, the need to regulate the use and protection of land, as well as the social significance of regulated relations. The imperativeness of the legal norms of land law consists, for example, in establishing the obligation for owners of land plots to report information about changes in the composition of their land to the appropriate authorities (for the purpose of maintaining a land cadastre). The imperative method is also used in the implementation of state land control over the use and protection of land.

It should be noted the widespread use of discretionary regulation of land relations. Thus, the owner of a land plot is given the right to exercise his powers in relation to the plot as an object of ownership. Within certain limits, participants in land relations have the right to independently regulate their relationships with each other. Thus, when establishing a private easement, a dispositive method of regulation is used; participants in land relations can establish their rights and obligations by their agreement on the limited use of a site (easement).

The use of economic incentives for participants in land relations to rationally use land plots is also widely used. Stimulation is carried out mainly through a differentiated approach in determining the amount of payment for land, setting land tax rates, the amount of rent for plots of land owned by state or municipal property, setting coefficients, etc.

Thus, under land law method is understood as a way to regulate relations on the use and protection of land as the basis for the life and activities of the peoples living in the relevant territory (land relations).

Author: Medentsov A.S.

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