Land law. Principles of land law (most important)

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Land law. Principles of land law (most important)

Lecture notes, cheat sheets

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5. PRINCIPLES OF LAND LAW

1. Taking into account the importance of land as the basis of human life and activity, according to which the regulation of land relations is carried out on the basis of ideas about land as a natural object, protected as the most important part of nature, used as a means of production in agriculture and forestry and the basis for carrying out economic and other activities, and at the same time as real estate, an object property rights and other rights to land.

2. Priority of land protection as the most important component of the environment

and means of production in agriculture and forestry before the use of land as real estate, according to which the owners of land plots exercise their powers freely, if this does not harm the environment.

3. Priority of protecting human life and health, according to which, when carrying out activities for the use and protection of land, such decisions must be made and such activities must be carried out that would ensure the preservation of life or prevent a negative impact on human health.

4. Participation of citizens, public organizations and religious organizations in resolving issues relating to their rights to land, according to which they have the right to take part in the preparation of decisions, the implementation of which may have an impact on the state of the land, and state authorities, local governments, and business entities are obliged to ensure the possibility of such participation.

5. Unity of fate of land plots and objects firmly associated with them, according to which all objects firmly connected with land plots follow the fate of the plots.

6. Priority for the conservation of especially valuable lands and lands of specially protected areas of the Russian Federation, according to which changing the intended purpose of valuable agricultural lands, lands occupied by protective forests, other especially valuable lands and lands of specially protected areas for other purposes is limited or prohibited.

7. Payment for land use, according to which the use of land is carried out for a fee, unless otherwise provided by law.

8. Division of land according to intended purpose into categories, according to which the legal regime of lands is determined based on their belonging to a particular category and permitted use in accordance with the zoning of territories and the requirements of the law.

9. Distinguishing state ownership of land into property of the Russian Federation, constituent entities of the Russian Federation and municipalities, according to which the legal basis for delimitation is established by federal laws.

10. A differentiated approach to establishing the legal regime of lands, according to which natural, social and other factors should be taken into account when determining their regime.

11. Combination of public interests and legitimate interests of citizens, according to which the regulation of land relations is carried out in the interests of the entire society while ensuring citizens’ guarantees for the free possession, use and disposal of plots belonging to them.

12. Distinguishing the effect of civil law and land law in terms of regulation of relations on land use.

13. State regulation of land privatization.

Author: Medentsov A.S.

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