Land law. Types of sources of land law (most important)

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Land law. Types of sources of land law (most important)

Lecture notes, cheat sheets

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7. TYPES OF SOURCES OF LAND LAW

Under sources of land law is understood as a special form of expression of the rules of conduct, making them obligatory. Sources of land law are legal forms that operate with different efficiency and express signs of legal relations.

Types of sources of law may be the following:

1) the Constitution of the Russian Federation;

2) legal custom;

3) a regulatory act;

4) guiding decisions of the plenums of the Supreme Court of the Russian Federation, the Presidium of the Supreme Arbitration Court of the Russian Federation, the Constitutional Court of the Russian Federation, which are taken into account by lower courts;

5) religious texts;

6) ideas and doctrines;

7) general principles;

8) contracts.

The most characteristic way of legal regulation for Russia has always been a normative act, which was determined by the scale, centralization and multinationality of the state, the desire to ensure uniformity of law enforcement. The rule of law is understood as a general (not personalized) rule of conduct, binding on citizens and officials, established by an authorized body. The rule of law is not a statement of fact, not a recommendation, not a wish, not an appeal, but a command that has a categorical character, a prescription backed by the authority of the law, the state. A normative act should not be exhausted by execution, it operates continuously and, as a rule, is designed for an indefinite number of cases. Normative acts constitute a hierarchical system or a pyramid of subordinate links, where their legal force depends on the place and competence of the body that adopts the act. Among normative acts, there are laws and by-laws subordinate to them. The latter include both acts of state bodies and acts of local governments.

The ruling decisions of the higher courts are binding on the lower courts. Resolutions of the Constitutional Court of the Russian Federation are binding and final for execution. Decisions of the plenums of the Supreme Court of the Russian Federation, the Presidium of the Supreme Arbitration Court of the Russian Federation are necessarily taken into account when deciding on the case by lower courts of general jurisdiction and arbitration courts.

Ideas and doctrines, i.e., the opinions of leading legal scholars, take part in the formation of law in a number of states, being reflected in legislation. In the Romano-Germanic legal family, the main provisions of law were formulated within the walls of the university. Islamic law based on the principles of Islam largely depends on the conclusions of ancient and modern interpreters of the religious texts of the Koran - the holy book that collected the teachings, speeches and commandments of Allah, and the Sunnah - a collection of the biography of the Prophet Muhammad, on the opinions of prominent jurists. Taking into account the spread of the Muslim religion in a number of constituent entities of the Russian Federation, this side should not be ignored, especially in the field of equitable organization of land use.

General principles of law - these are fundamental principles that can be applied directly in cases of gaps in legislation, and are also starting points in the formation of legal norms.

Contracts - these are agreements between participants in land relations that can establish rights and obligations, rules of conduct that are mandatory for the subjects of land relations.

Author: Medentsov A.S.

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