Land law. Land law system (most important)

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Land law. Land law system (most important)

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4. LAND LAW SYSTEM

Land law system - this is a set of interrelated land-legal institutions arranged in a certain sequence depending on the role they play in the regulation of land relations.

The general part of land law includes legal institutions containing rules governing land relations arising from the use of any categories of land, regardless of their intended purpose and permitted use. These legal institutions influence the formation of the content and composition of the institutions of the Special Part.

The special part of land law includes legal institutions containing legal norms that establish the features of land use depending on their intended purpose and permitted use. The institutions of the Special Part are subordinate to the legal institutions of the General Part, and their content concerns a certain type of land relations. The legal norms of the institutions of the Special Part establish the legal regime of land categories.

Institutes General part include:

1) the right of ownership and other proprietary rights to land;

2) management of land resources of the Russian Federation;

3) rights to land of persons who are not owners of land plots;

4) legal protection of lands;

5) management in the field of land use and protection;

6) legal regulation of payment for land;

7) liability for violation of land legislation;

Institutes special part include:

1) the legal regime of agricultural land;

2) the legal regime of lands of settlements;

3) the legal regime of lands of industry, transport, communications, broadcasting, television, informatics, space support, defense and other purposes;

4) legal regime of lands for environmental, nature reserve, health, recreational and historical and cultural purposes;

5) legal regime of forest fund lands;

6) legal regime of water fund lands;

7) the legal regime of reserve lands.

Land law as a branch of law has a two-part division: General and Special parts. Land law as a science and academic discipline has a three-part division: General, Special and Special parts.

The General Part of Land Law as a branch of law contains rules of law that are important for all its institutions. The General Part includes such institutions as the right of ownership and other rights to land, state regulation of the use and protection of land, the economic and legal mechanism for the use and protection of land, and legal responsibility.

The Special Part contains norms devoted to its individual institutions and categories of land. The Special Part includes the legal regime for the use and protection of agricultural land, settlements; industry, transport, communications, broadcasting, television, informatics, space support, defense; specially protected territories; forest fund; water fund; stock.

The system of land law as a science (academic discipline), in addition to these institutions, also includes the subject, methods, principles and sources of law, the development of land legislation, a comparative legal analysis of domestic and foreign land law. The system of law as an academic discipline is determined by curricula.

Author: Medentsov A.S.

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