Land law. Bodies of general competence in the field of land use and protection (most important)

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Land law. Bodies of general competence in the field of land use and protection (most important)

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41. BODIES OF GENERAL COMPETENCE IN THE SPHERE OF USE AND PROTECTION OF LAND

The system and procedure for the functioning of governing bodies in the field of land relations are defined in various chapters of the Land Code of the Russian Federation. TO bodies of general competence include legislative, executive and judicial authorities.

The LC of the Russian Federation delimits the powers between the Russian Federation, its subjects and local governments.

The powers of the Russian Federation in the field of land relations include:

1) establishing the foundations of federal policy in the field of regulation of land relations;

2) establishment of restrictions on the rights of owners of land plots, land users, landowners, tenants of land plots, as well as restrictions on the turnover of land plots;

3) public administration in the field of land monitoring, state land control, land management and maintenance of the state land cadastre;

4) establishing the procedure for the withdrawal of land plots, including by way of redemption, for state and municipal needs;

5) withdrawal of land plots for the needs of the Russian Federation, including by way of redemption;

6) development and implementation of federal programs for the use and protection of land.

The powers of the constituent entities of the Russian Federation include the seizure, including by way of redemption, of land for the needs of the constituent entities of the Russian Federation; development and implementation of regional programs for the use and protection of lands located within the boundaries of the constituent entities of the Russian Federation.

The powers of local governments in the field of land relations include the seizure, including by redemption, of land plots for municipal needs, the establishment, subject to the requirements of the legislation of the Russian Federation, of the rules for land use and development of the territories of urban and rural settlements, the territories of other municipalities, the development and implementation of local programs use and protection of land, as well as other powers to resolve issues of local importance in the field of use and protection of land.

The Russian Federation, subjects of the Russian Federation, local government bodies manage and dispose of land plots that are in their ownership.

The competence of the courts is the resolution of land disputes and the application of measures of administrative, criminal, disciplinary and civil liability.

The competence of the Federal Assembly (State Duma, Federation Council) is established in the Constitution of the Russian Federation. The main form of participation of legislative bodies in the regulation of land relations is the adoption of laws.

Competence of the President of the Russian Federation. Decrees of the President of the Russian Federation must not contradict the Land Code of the Russian Federation, federal laws.

The competence of 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.

The competence of the executive authorities of the constituent entities of the Russian Federation - on the basis 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 and within the limits of their powers, they can issue acts containing norms of land law.

The competence of local self-government bodies - 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 and other regulatory legal acts of the constituent entities of the Russian Federation and within their powers, can issue acts containing norms of land law.

Author: Medentsov A.S.

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