Land law. The Land Code of the Russian Federation is the main source of land law (the most important)

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Land law. The Land Code of the Russian Federation is the main source of land law (the most important)

Lecture notes, cheat sheets

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9. LAND CODE OF THE RUSSIAN FEDERATION - THE MAIN SOURCE OF LAND LAW

Of great importance among the sources of land law are normative acts of higher legal force - laws.

Land legislation is a system of normative acts of the Russian Federation, subjects of the Russian Federation that regulate land relations. Land legislation consists of the Land Code of the Russian Federation, other federal laws and the laws of the constituent entities of the Russian Federation adopted in accordance with them. The main norms of land law are contained in the Land Code of the Russian Federation, which is based on the norms of the Constitution of the Russian Federation. The norms of land law contained in other federal laws, laws of the subjects of the Russian Federation must comply with the Land Code of the Russian Federation.

Land relations can also be regulated by decrees of the President of the Russian Federation, which should not contradict the Land Code of the Russian Federation, federal laws. 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 regulating land relations. 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 of the constituent entities of the Russian Federation, executive authorities of the constituent entities of the Russian Federation, within their powers, may issue acts containing norms of land law.

Based on 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, local governments, within their powers, may issue acts containing norms of land law.

The Constitution of the Russian Federation establishes the relationship of normative acts. On subjects of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, federal laws and laws and other regulatory legal acts of the constituent entities of the Russian Federation adopted in accordance with them are issued. Laws and other regulatory legal acts of constituent entities of the Russian Federation cannot contradict federal laws. In the event of a contradiction between a federal law and another act issued by a constituent entity of the Russian Federation, the federal law shall apply. The Constitution of the Russian Federation and the Land Code of the Russian Federation establish what issues should be regulated by federal laws. In accordance with Art. 36 of the Constitution of the Russian Federation, the conditions for using land are determined on the basis of federal law. According to the Land Code of the Russian Federation, a significant number of issues are subject to regulation only by federal laws.

The regulation of land relations is in contact with the regulation of the use of natural resources, buildings, structures and other real estate. The RF LC defines the conditions for the interaction of its norms and the norms of other legal acts. Special legislation is applied to relations on the use and protection of subsoil, waters, forests, wildlife and other natural resources, environmental protection, protection of specially protected natural territories and objects, protection of atmospheric air and protection of objects of cultural heritage of peoples. The norms of other branches of legislation apply to land relations if these relations are not regulated by land legislation.

Property relations with land plots, as well as transactions with them, are regulated by civil law, unless otherwise provided by land, forestry, water legislation, subsoil legislation, environmental protection, special federal laws.

Author: Medentsov A.S.

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