Land law. Concept and general characteristics of the sources of land law (the most important)

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Land law. Concept and general characteristics of the sources of land law (the most important)

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6. CONCEPT AND GENERAL CHARACTERISTICS OF SOURCES OF LAND LAW

Sources of land law are regulatory legal acts adopted by the competent state authorities and local governments that regulate relations arising from the use of land. Sources of land law are classified: federal acts of the Russian Federation; acts of subjects of the Russian Federation; acts of local governments, as well as laws and by-laws.

The main normative act that defines the constitutional foundations of land relations is the Constitution of the Russian Federation, in which two groups of norms are distinguished:

1) norms directly regulating land relations (Articles 9, 36 of the Constitution of the Russian Federation);

2) other articles of the Constitution of the Russian Federation indirectly regulate land relations (Articles 42, 58, 2, 17, 18,45). The RF LC is a codified normative act regulating land relations. At the end of October 2001, the Land Code of the Russian Federation was adopted and entered into force.

On July 24, 2002, the Federal Law "On the turnover of agricultural land" was adopted, which is designed to ensure the implementation of constitutional norms on private ownership of land, as well as to streamline relations in the field of state management of land resources in terms of disposing of land of priority categories, which are agricultural land.

Property relations arising from the use of land are regulated by the norms of civil legal acts (Civil Code of the Russian Federation). In ch. 17 of the Civil Code of the Russian Federation proposes rules that directly regulate land relations. Land and objects firmly connected with it are declared real estate.

Property relations arising from the use of land are also regulated by land legal regulations: decrees of the President of the Russian Federation; Presidential Decree of March 7, 1996 “On the implementation of the constitutional rights of citizens to land”, etc.) and decrees of the Government of the Russian Federation (Decree of the Government of the Russian Federation of August 25, 1992 “On improving the maintenance of the state land cadastre”, etc.).

The sources of land law include acts of other branches of legislation.

The relationship of land and other natural resources - bowels, forests, waters, the natural environment as a whole - predetermines the existence of norms that regulate relations related to land in the sources of water, forestry, mining, environmental law (in the Federal Law "On Subsoil" 1994 d. the right of the owner of a land plot to extract minerals located within the boundaries of this plot is determined).

The legal norms related to the regulation of land relations are contained in the sources of administrative and criminal law - measures of responsibility for committing land offenses; housing law - norms on the right of citizens to receive a land plot for housing construction, etc.

A special place among the sources of land law is occupied by international bilateral agreements relating to land relations, concluded in the prescribed manner or approved by the competent state body of the Russian Federation, agreements concluded by the Russian Federation with its subjects.

This group also includes model contracts that allow revealing the content of land and legal norms, various sanitary norms and rules.

Legal acts of individual significance, i.e., acts of application of law (decision of the local administration addressed to a specific citizen or organization) are not sources of land law.

Resolutions adopted by the Plenum of the Supreme Arbitration Court and the Supreme Court of the Russian Federation containing guiding explanations to the courts on the application of land legislation and the resolution of land disputes are also not considered.

Author: Medentsov A.S.

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