Land law. Land legislation (most important)

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Land law. Land legislation (most important)

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8. LAND LEGISLATION

Land legislation - this is a system of normative acts of the Russian Federation, subjects of the Russian Federation that regulate land relations. Land legislation in accordance with Art. 72 of the Constitution of the Russian Federation is under the joint jurisdiction of the Russian Federation and its subjects.

The basis of land legislation is: the Civil Code (parts 1, 2), the Water Code of the Russian Federation, the Housing Code of the Russian Federation, the Tax Code (part 2), the Law on State Registration of Rights to Real Estate and Transactions with It, the Law on Peasant (Farmer) farm, the Law on personal subsidiary plots, the Law on land management, the Law on payment for land, the Law on environmental protection, the Land Code of the Russian Federation, the Forest Code of the Russian Federation, the Law on the turnover of agricultural land, the Code of the Russian Federation on administrative offenses.

The adoption and interaction of acts of land legislation is based on the norms of the Constitution. According to Art. 72 of the Constitution of the Russian Federation, land legislation, legislation on natural resources, as well as other branches of legislation mentioned in this article, are under the joint jurisdiction of the Russian Federation and its subjects. According to Art. 76 of the Constitution establishes the relationship of normative acts. Thus, federal laws and laws adopted in accordance with them and other normative legal acts of the constituent entities of the Russian Federation are issued on subjects of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation. Federal laws cannot contradict federal constitutional laws. Laws and other regulatory legal acts of the constituent entities of the Russian Federation cannot contradict federal laws adopted in accordance with Parts 1 and 2 of Art. 76 of the Constitution of the Russian Federation. In the event of a conflict between a federal law and another act issued by a constituent entity of the Russian Federation, the federal law shall apply. In the event of a conflict between a federal law and a regulatory legal act of a constituent entity of the Russian Federation, the regulatory legal act of a constituent entity of the Russian Federation shall apply.

Subjects of the Russian Federation have the right to exercise their own legal regulation on the subjects of joint jurisdiction before the adoption of federal laws. After the adoption of the relevant federal law, laws and other regulatory legal acts of the constituent entities of the Russian Federation shall be brought into line with this federal law within 3 months.

The Government Commission for the development of normative legal acts in the field of reforming and regulating land relations has been established and is actively functioning.

Today, not all land problems have been finally resolved by legislative means. This applies to the procedure for the purchase or lease of land, their prices, the combination of the structure and the land on which it is located or which is necessary for its use and maintenance.

On the basis of and in pursuance of the Land Code of the Russian Federation, local governments, within their powers, may issue acts containing norms of land law.

Citizens, public organizations, associations and bodies of territorial public self-government have the right to participate in the consideration of issues related to the withdrawal (purchase) for state and municipal needs and the provision of land and affecting the interests of the population.

The norms of land law included in the normative legal acts of other branches of legislation must comply with the Land Code of the Russian Federation.

Author: Medentsov A.S.

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