legal norms. Such forms can be legal custom, judicial and administrative precedent, a regulatory act and a regulatory contract. Due to the various specific conditions of development in legal systems of states, all or only some of the sources of law may exist. Depending on this, it is customary to distinguish between the Anglo-Saxon and the continental law system. In the first, which operates in the UK, USA, Canada, India and some other countries, along with the regulatory act and the Treaty of Custom and judicial precedent Play an important role in the legal regulation system. In countries with a continental system of law (Europe), custom and judicial precedent is present in a slight degree or absent. However, the general trend of the development of law is to strengthen the role of the law in legal regulation public relations. IN russian system Right sources of law are written laws - regulations and regulatory contracts. Solutions are also recognized as sources of law Constitutional Court The Russian Federation, as well as custom in cases established by law. It can be said that the continental system of law is dominated in Russia, but provided that judicial, arbitration and administrative precedents, including generalized in higher decisions judicial bodiesnot recognized by the sources of law, practically create customs, traditions of judicial, arbitration and administrative practice. Due to this, they play a big role in the legal regulation of relations within the state, giving the law a certain interpretation. As a source of law, custom is recognized by the Civil Code. Based on the custom, relations are also regulated on the use of natural resources by small peoples in the territories of traditional environmental management.
Why do you need an independent branch of law? Territorial basis of any economic activity Material of production in agriculture Natural object and natural resource Object of real estate
Why do you need an independent branch of law? Priority of land protection as the most important component of the environment and means of production in agriculture and forestry before using the Earth as a real estate, according to which the ownership, use and disposal of land are carried out by the owners land plots Free, if it does not damage the environment of the RF RF, Art.
Why do you need an independent branch of law? It is not allowed to refuse to provide citizens and legal entities of land plots in state or municipal propertyExcept in cases: - established federal law ban on the privatization of land plots; - Land reservations for state or municipal needs. ZK RF, Art.
The subject of land rights for the use and protection of land in Russian Federation As the basis of the life and activities of peoples living in the relevant territory (land relations). Property Relations for ownership, use and disposal of land, as well as to make transactions with them
Land legal relations social relations between bodies state power and organs local governments, enterprises, organizations, institutions and citizens about the ownership, use and orders of land that are in the field of action predominantly land and partly civil law standards in cases where these relationships are not resolved by land law.
Land legal relations A number of authors divide relations regulated by land law into three groups: 1. Relations for the provision of land plots. 2. Relations for the use of land plots, in turn, are divided into relations on the use of land plots as a means of production and relations on the use of sites for construction. 3. Relationships on the protection of land - suggest protection of land from two types of negative impact: anthropogenic and natural.
The method of land law in legal regulation is present as an imperative method for establishing duties and prohibitions and the dispositional method of recommendations, authorization, delegation of land-related entities of certain rights.
Land Law Method Tenant land plot, with the exception of residents of special economic zones - land tenants, have the right to transfer their rights and obligations under the lease agreement to a third party, including to give the rental rights of the land plot and make them as a contribution to the authorized capital of the economic partnership or society or A mutual contribution to the production cooperative within the deadline for the lease agreement of the land without the consent of the owner of the land plot, subject to his notification, if the contract for the lease of the land plot is not provided otherwise. ZK RF, Art.
The method of land law owners of land and persons who are not owners of land plots are required to use land plots in accordance with their targeted appointment and affiliation to a category of lands and allowed by using methods that should not harm the environment, including land as a natural object
The land law system to legal institutions of the general part of land law are subject to legal institutions as: - real rights to the ground; - turnover of land plots; - state management of land resources; - Legal protection of land; - responsibility for land offenses.
The land law system to a special part includes such legal institutions as: - the legal regime of land agricultural land; - Legal regime settlements; - Legal regime of industry and other land special purpose; - the legal regime of the land fund lands; - Legal regime water Fund; - The legal regime of land is specially protected natural territories; - Legal regime of stock lands.
The ratio of land I. civil law Tenant of the land plot, with the exception of residents of special economic zones - land tenants, has the right to transfer their rights and obligations under the Treaty of Land Rental by a third party, including to give the rental rights of the land plot and make them as a contribution to the authorized capital of the economic partnership or society or a mutual contribution to the production cooperative within the deadline for the lease agreement of the land without the consent of the owner of the land plot under the condition of its notification, if the contract for the lease of a land plot is not provided otherwise. ZK RF, Art. 22, h.
The ratio of land and civil law under the lease of a land plot in state or municipal property for more than five years, the tenant of the land plot has the right, unless otherwise established by federal laws, within the term of the land lease agreement transfer their rights and obligations on this Agreement to a third party, including the rights and obligations specified in paragraphs 5 and 6 this article, without the consent of the owner of the land plot, subject to his notice. ZK RF, Art. 22, h.
The ratio of land and civil law If the land plot is transmitted under the lease agreement to a citizen or legal entity, the tenant of the land plot has the right to give the rental rights of the land plot in a pledge within the term of the lease agreement of the land plot with the consent of the owner of the land plot. Federal Law of 16. 07. 1998 No. 102 -fz "On Mortgage (Pledge of Real Estate)", Art.
The ratio of land and civil law In accordance with paragraph 9 of Article 22 of the Land Code, the owner of the building located on a land plot from the composition of state and municipal land leased for them for more than five years, laying at the same time on one contract of mortgage building and right under the rental agreement The site has the right to lay out these rights without the consent of the landlord from its notice. Information letter from the Presidium of the Supreme Arbitration Court of the Russian Federation from 28. 01. 2005 N 90 "Review of the practice of consideration arbitration courts Disputes related to mortgage agreement "
The ratio of land and civil law Property relations, use and disposal of land plots, as well as the commission of transactions with them are governed by civil law, unless otherwise provided for by land, forest, water legislation, legislation on subsoil, on environmental protection, special federal laws . ZK RF, Art.
Principles of land law under the principles of land rights are understood by the fundamental principles on which legal regulation is based land relationships. The system of principles reflects the Land Law. By virtue of this, the principles of land law can be classified as general structures (constitutional), the principles of the general part of the land law and the principles of its special part.
Principles of land law overall (constitutional). Principles of the general part of land law. Principles of a special part of the land rim.
Principles of land law Recognition, compliance and protection of citizens' rights, including land rights as the duty of the state. The cost of using the Earth, according to which any use of land is carried out for the fee, except in cases established by the federal laws of the constituent entities of the Russian Federation. Priority of preservation of particularly valuable lands and lands of specially protected territories
Principles of land law 1. Principles enshrined in the Land Code of the Russian Federation (differentiated approach to the establishment legal regime Lands, in accordance with which, in determining their legal regime, natural, social, economic and other factors should be taken into account. 2 Principles enshrined in other acts of land legislation (setting the maximum size of the total area of \u200b\u200bagricultural land, which are located on the territory of one municipal area and can be owned by one citizen and (or) of one legal entity).
The principle of the unity of the fate of land and firmly related objects, all the firm-related objects are followed by the fate of land plots, except in cases established by the Federal Laws of the Code of the Russian Federation, Art. 1 h. 1 p.
The principle of the unity of the fate of land plots and firmly related objects - the same subjective rights - the same rules for making transactions - the sequence in the question of what is the "main thing", and that- "belonging"
The principle of unity of the fate of land and firmly related objects is not allowed to alienate the land plot without the buildings, buildings, structures in the event that it belongs to one person. Article 35 h. 4 of the RF RF conclusion: "Main thing" is a land plot
The principle of the unity of the fate of land and firmly related objects the owner of the building, buildings, structures on someone else's land plot has preemptive right Purchasing or lease of a land plot Article 35 h. 4 of the RF RF Conclusion: "Main thing" is a building, structure, building?
The principle of the unity of the fate of land plots and firmly related objects unless otherwise established by federal laws, exceptional law For the privatization of land plots or the acquisition of land lease rights, citizens and legal entities are owners of buildings, structures, structures. Article 36 Part 1 of the RF RF Conclusion: "Main thing" is the building, structure, construction?
Legal definition of real estate to real estate (real estate, real estate) include land plots, plots of subsoil and all that is firmly connected with land, that is, objects, the movement of which is impossible without disproportionate damage to their appointment, including buildings, structures, incomplete facilities Construction Article 130 of the Civil Code of the Russian Federation
Criteria contained in the legal definition of real estate Communication with land (monumentality, the presence of the foundation, massiveness, strength, etc.) the impossibility of spatial movement of the object without prejudice to its intended purpose
Criteria contained in the legal definition of real estate If the owner of the building decides on the allocation of one or several premises from the building from the composition of the building, then when entering the register of entities on the formation of independent real estate objects, the ownership of the building as a whole due to the loss of the legal regime of the object of real estate which can be set by the ownership of one person, as made by the relevant entry in the registry. Resolution of the Plenum of the Supreme Court of Russia from 23. 07. 2009 N 64 "On some issues of the practice of consideration of disputes on the rights of the owners of the premises on common property building"
Criteria contained in the legal definition of real estate in this way, the value of the physical properties of the thing for its recognition of real estate is not absolutely: the recognition of the property of the property is important for turnover
Criteria contained in the legal definition of real estate The person who has fulfilled the unauthorized construction, does not acquire the right of ownership. It is not entitled to dispose of the construction - to sell, give, take rent, perform other transactions. Unauthorized construction is subject to demolition by her face or at his expense Article 222 of the Civil Code of the Russian Federation
Criteria contained in the legal definition of real estate The lease agreement for the future real estate, concluded against the unauthorized construction (including under the condition of the subsequent recognition of the ownership of the landlord to the unauthorized construction), is insignificant, since the adoption of obligations over participating in civil turnover Unauthorized buildings are not allowed. Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation of 17. 11. 2011 N 73 "On individual issues of practicing the application of the Rules of the Civil Code of the Russian Federation on the Rental Treaty"
Criteria contained in the legal definition of real estate considering that unauthorized construction is not the property owned by the testimonor on legal grounds, it cannot be included in the hereditary mass. Resolution of Plenum Supreme Court RF N 10, Plenum of the Russian Federation N 22 of 29. 04. 2010 "On some issues arising in judicial practice When resolving disputes related to the protection of ownership and other real rights "
Real estate criteria formulated judicial practice Hydraulic structures Do not have an independent functional purpose, created solely in order to improve the quality of lands and serve only the land plot on which they are located, therefore they are an integral part and in relation to article 135 of the Civil Code must follow the fate of this land plot. Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of 17. 01. 2012 N 4777/08 in case N A 56 -31923/2006 (the case of Verevo)
Real estate criteria, formulated by judicial practice, the plaintiff, requiring recognition of ownership of structures, does not have the right to ownership of the land plot, as a result of which cannot claim for auxiliary objects. Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of 17. 01. 2012 N 4777/08 in case N A 56 -31923/2006 (the case of Verevo)
Criteria for real estate, formulated by judicial practice Conclusions: - The right to ownership of the subsidiary facility can not have anyone other than the owner of the land plot. - Auxiliary facilities are not objects of real estate in the context of article 130 of the Civil Code of the Russian Federation, a new criterion (sign) of real estate: the presence of independent (separately from the land) of the object of the object
Real estate criteria, formulated by judicial practice, such structures such as a mini-football field and a football field are improved land plots, consisting in adapting it to meet the needs of persons using the site. These structures are not independent real estate things, but are an integral part of the land plot, on which they are located a resolution of the Presidium of the Supreme Court of the Russian Federation of 28. 05. 2013 N 17085/12 in case N A 32 -29673/2011 (Radzievsky case)
The criteria of real estate, formulated by judicial practice due to the fact that the mentioned structures are not things, there can be no real law - the right of ownership. With regard to Article 135 of the Civil Code of the Russian Federation, their legal fate and belonging are determined by the belonging of the relevant land plot. Resolution of the Presidium of the Supreme Court of the Russian Federation from 28. 05. 2013 N 17085/12 in case N A 32 -29673 /
Criteria for real estate, formulated by judicial practice by itself state registration The rights to such objects for third parties are infringed by the interests of the owner of the land plot, and therefore the court has the right to give these objects a different qualification and not to apply the rules of the Regulations on the real estate, the decision of the Presidium of the Russian Federation from 28. 05. 2013 N 17085/12 in case N a 32 -29673 /
City Planning legislation, legislation on the registration of rights for state registration of ownership of the right to the created or created object of real estate, if for construction, the reconstruction of this is not required to issue a construction permit, are: - documents confirming the fact of creating such an immovable property object and containing its description ; - the right-pointing document on the land plot on which such an object of real estate is located. Federal Law of 21. 07. 1997 N 122 -fz "On state registration of rights to real estate and transactions with it", Art. 25
Urban planning legislation, the legislation on the registration of rights issuance of a building permit is not required in the event of construction on the land plot of buildings and facilities of the auxiliary use of the city-planning code of the Russian Federation Art. 51 h. 17 p.
The criteria of immovable property, formulated by judicial practice, the right of ownership (the right of economic management and operational management) can be registered with the USRP only in relation to those things that, possessing the signs of real estate, are capable of acting in civilian circulation as separate civil rights facilities. Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation from 24. 09. 2013 N 1160/13 in case N A 76 -1598 /
Real estate criteria, formulated by judicial practice, according to courts, the fence is an object capital construction Supporting, which implies his assignment to the category of real estate. However, the term "object of capital construction" is a special concept of urban legislation, so it cannot replace the legal category of the "object of real estate", which has other sectoral affiliation, volume and content. Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation from 24. 09. 2013 N 1160/13 in case N A 76 -1598 /
The criteria of real estate, formulated by judicial practice, since the requirement of state registration of rights is established only on real estate as a category of civil law, the conclusion about the need to disseminate the consequence of the capital construction of the relevant legal regime can be made in each particular case only with the criteria, established by the provisions of the Civil Code. Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation from 24. 09. 2013 N 1160/13 in case N A 76 -1598 /
Real estate criteria, formulated by judicial practice, the conclusion is formulated: an additional real estate criterion is formulated - the ability to perform in civil circulation as an independent object of civil rights
Possible consequences for enforcement Restriction of the scope of the norms of articles 35, 36 of the Land Code of the Russian Federation, Article 273 of the Civil Code of the Russian Federation: the construction of only auxiliary facilities in the land plot, even if there are state registration of ownership of them, does not entail the right to acquire the property to the property The procedure provided for in Article 36 of the Land Code. RESOLUTION OF THE PRESIDIUM OF THE RF OF THE RF OF 19. 03. 2013 N 12668/12 in case N A 21 -6529 /
Bogolyubov S. A. Land law: Tutorial for bachelors. M.: Yurait-Edition, 2013. Erofeev B.V. Land Law: Textbook for universities. M.: Yuraight, 2012. Iconitskaya I. A. Land Law of the Russian Federation. M.: Norm, 2012. Krassov O. I. Land Law: Textbook. M.: Norm: Infra-M, 2012. Ulyukaev V. Kh., Churkin V. E., Nakhratov V. V., Litvinov D. V. Land right: Textbook. M.: Private Law. 2010.
Adikhanov F. X. The ratio of the norms of civil law and the norms of land law in the regulation of land relations in the conditions of the land market // State and Law. 2001. No. 1. Volkov G. A. Principles of Land Law of Russia. M., 2005. Gross L. A. On comparison of the concepts of "civil law", "Civil law", "Land legislation" and real rights to land // Magazine russian law. 2002. № 9.
Novikov K. A. The concept of real estate in civil law // Bulletin of the Russian Federation. 2014. No. 5 Kuznetsov M. Communication of the Earth and a building - a key sign of real estate // Household and Law. 2013. No. 11. Taradanov R. A. On the question of the admissibility of giving the auxiliary buildings, buildings, structures of real estate status // Bulletin of the Russian Federation. 2014 No. 6.
Sukhanov E. A. On the concept of real estate and its influence on other civil-legal categories // Sukhanov E. A. Problems of reforming the Civil Code of Russia: Film. Proceedings 2008-2012 M.,
1. Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of 17. 01. 2012 N 4777/08 in case N A 56 -31923/2006 2. Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation from 28. 05. 2013 N 17085/12 in case N A 32 -29673/2011 3. Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation from 24. 09. 2013 N 1160/13 in case N A 76 -1598 /
Slide 2.
Land law is a combination of legal norms regulating relations in the field of reign, rational use of land being stored as a natural facility and real estate.
Slide 3.
The subject of land rights - relations in the field of management, rational use and protection of land as a natural object and real estate.
Slide 4.
The method of land law is a way to regulate public relations directly related to Earth.
Slide 5.
The legal literature allocate: 1) the imperative method consisting in the establishment of duties, options for proper behavior for the subjects of legal relations (for the conduct of state land in Cadastre, the owners of the Earth are obliged to report information about changes in the lands who have land and land management committees) .
Slide 6.
2) Dispositive method. This is a way of legal impact in which the subjects of land relations are given freedom to choose their actions. The owner has the right to dispose of its land plot: to sell it, give it to rent or lay it. The owners of the Earth have the opportunity for themselves within certain limits), to regulate the relationship with each other (for example, by establishing servitors, i.e., applying the methods of private regulation of land relations).
Slide 7.
Constitutional law It has fundamental importance for land law. The Constitution of the Russian Federation establishes the guidelines, the initial principles of the state's land policy and its formations. In accordance with Art. 9 The Constitution of the Russian Federation Earth is used and protected as the basis of the life and activities of peoples living in the relevant territory. In the Constitution of the Russian Federation, the diversity of ownership forms is enshrined: the land can be in private, municipal, state and other forms.
Slide 8.
Administrative right is the "management" right, so the most closely land and administrative law In contact with the regulation of public relations, developing in the field of land management of the Russian Federation, and which is peculiar to the imperative method of legal impact.
Slide 9.
Civil law. The greatest contact of land law and civil law in part of the regulation of property relations arising in the field of land use (property relations and other real rights to land, mandatory relations). At the same time, the basis of civil and land law is a different approach to Earth. Object row civil legal relations is land, or rather - land plots as real estate. Land law takes into account the social significance of the Earth, its objective limitation and other natural properties. Central and basic legislative act Civil law is Civil Code The Russian Federation, which contains quite a lot of rules relating to the Earth (Article 130, 131, Part 3 of Art. 209, Art. 216, Ch. 16, Ch. 17). Article 130. Real Estate and Movable Things Article 131. State Registration of Real Estate Chapter 16. General Property Chapter 17. Ownership Ownership and Other Related Rights to Earth
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Slide 10.
The most close connection of the SP has with GP. This connection is particularly intensified with 1) eliminating exceptional state owned on earth, 2) establishment private property On it, 3) involvement of land into normal civil circulation, 4) with the recognition of land with real estate.
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Slide 11.
The inextricable communication of land law with environmental law is manifested in the fact that land relations are governed by environmental requirements, as well as one of the objectives of legal regulation of public relations with the norms environmental law Is ensuring the protection of the equity of natural objects (including land).
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Slide 12.
The connection of land with forest, water, mining is due to the organic unity of the Earth and other natural resources. Approaches to the regulation of the respective relationships largely coincide, although they have their own specifics, sometimes significant. This applies primarily to establish property to relevant natural resources, committing civil law transactions. So, private property extends almost only to Earth. At the same time, the use of other natural resources is possible with the simultaneous use of the Earth. The most close relationship is traced between land and forest law. According to the Forest Code of the Russian Federation, the land of the forest fund is included in the forest fund.
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Slide 13.
The appropriate norms about the lands of the Water Fund are available in the Water Code of the Russian Federation. A number of land and legal norms are incorporated into the laws "On Agricultural Cooperation", "On Natural Medical Resources, Medical and Health Places and Resorts", "On Registration of Rights to Real Estate and Transactions with Him", "About Mortgage (Property Pledge)" and Other laws.
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Slide 14: Principles of Land Law
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Slide 15.
1) accounting of the value of the Earth as the basis of the life and human activity, according to which the regulation of relations on the use and protection of the Earth is carried out on the basis of the submissions about the Earth as natural facility, guarded as the most important component of nature, natural resourceused as a means of production in agriculture and forestry and the basics of economic and other activities in the territory of the Russian Federation, and at the same time as real estate, about the object of ownership and other rights to land;
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Slide 16.
Article 36 of the Constitution of the Russian Federation 1. Citizens and their associations are entitled to have land ownership. 2. Ownership, use and disposal of land and other natural resources are carried out by their owners freely, if it does not damage the environment and does not violate the rights and legitimate interests other persons. 3. The conditions and procedure for the use of land are determined on the basis of the Federal Law. The Criminal Code of the Russian Federation, Article 254. Plowing of the Earth 1. Poisoning, pollution or other damage to the Earth with harmful products of economic or other activities due to violation of the rules for handling fertilizers, stimulants of plant growth, eradicates and other hazardous chemical or biological substances during their storage, use and transportation, entailed causing harm to human health or the environment - punished with a fine of up to two hundred thousand rubles or in the amount of wages or other income of convicts for the period up to eighteen months, or deprivation of the right to hold certain positions or engage in certain activities for up to three years or mandatory work For up to four hundred eighty hours or correctional work for up to two years. 2. The same acts committed in the environmental disaster zone or in the area of \u200b\u200bthe Extreme Environmental Situation are punishable by the restriction of freedom for up to two years, or forced work for a period of up to two years, or imprisonment for the same period. 3. The acts stipulated by the parties of the first or second of this article, which caused the death of a person by negligence, is punished with forced work for up to five years or imprisonment for the same period.
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Slide 17.
2) the priority of land protection as the most important component of the environment and means of production in agriculture and forestry before using the Earth as real estate, according to which the ownership, use and disposal of the land are carried out by the owners of land plots freely, if it does not damage the environment;
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Slide 18.
3) the priority of human life and human health, according to which, in the implementation of activities and land protection, such decisions should be taken and such activities that would allow to ensure the preservation of human life or prevent negative (harmful) impact on human health, even if It will require high costs;
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Slide 19.
Article 42 Everyone has the right to favorable environment, reliable information about its condition and compensation for damage caused by his health or property by an environmental offense. Article 4. Objects of environmental protection facilities for environmental protection against pollution, degradation, degradation, damage, destruction and other negative impact of economic and (or) other activities are the components of the natural environment, natural objects and natural complexes.
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Slide 20.
4) the participation of citizens, public organizations (associations) and religious organizations in solving issues relating to their land rights, according to which citizens of the Russian Federation, public organizations (associations) and religious organizations have the right to participate in the preparation of solutions, the implementation of which can affect on the state of land in their use and protection, and state authorities, local governments, subjects of economic and other activities are obliged to ensure the possibility of such participation in the manner and in the forms that are established by law;
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Slide 21.
5) the unity of the fate of land and firmly related objects, according to which the facilities are all firmly related to land plots follow the fate of land plots, except in cases established by federal laws;
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Slide 22.
6) the priority of preserving particularly valuable lands and lands of specially protected areas, according to which the change in the purpose of the valuable land of agricultural purposes, lands engaged in protective forests, land of highly protected natural territories and objects, land employed by cultural heritage sites, other particularly valuable lands and lands Particularly protected areas for other purposes is limited or prohibited in the manner prescribed by federal laws. The establishment of this principle should not be interpreted as the denial or derivation of the importance of land of other categories;
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Slide 23.
7) the payability of the Earth's use, according to which any use of land is carried out for the fee, except in cases established by federal laws and the laws of the constituent entities of the Russian Federation;
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Slide 24.
8) the division of land on the intended purpose in the category according to which the land regime is determined on the basis of their belonging to a certain category and the permitted use in accordance with the zoning of territories and the requirements of the legislation; ZK Art. 7 1) agricultural land; 2) land settlements; 3) lands of industry, energy, transport, communications, broadcasting, television, computer science, land for providing space activities, land defense, security and land of other special purpose; 4) lands of specially protected territories and objects; 5) Land of the Forest Foundation; 6) the Earth of the Water Fund; 7) stock lands.
3. Constitution and importance of the principles of land law. Types and maintenance: Principles of protection and use of lands; principles related to the right of citizens and their land associations; Principles government controlled Earth; The principles associated with the Earth, as with the object of real estate.
1. The subject of land law. The subject of any branch of law is a separate group of public solve relations, allocated depending on the availability of a special object of public relations or on the basis of a special subject line, or determining the special sphere of the life of society, etc. He is a separate group of public solve relations allocated depending on the availability of a special object social relations or on the basis of a special subject line, or the definition of a special sphere of vital activity of society, and others. Accordingly, civil, administrative, labor relations can be allocated. As part of this scheme, land relations may be separate, since there is a separate object here - the Earth. Accordingly, civil, administrative, labor relations can be allocated. As part of this scheme, land relations may be separate, since there is a separate object here - the Earth.
Earth is one of the environmental components, the most important natural resource, throughout history, used by people to meet diverse needs - making agriculture, accommodating residential and production facilities, gain access to other natural objects (deprants, forests, etc.).
According to the land area, Russia has the most extensive land foundation in 1709.8 million hectares. Earths are used for a variety of purposes. More than half of all land falls on forest areas, which make up 1046.3 million hectares, or 62% of the land of the Russian Federation, and only 8.9%, or 190.3 million hectares are used under arable land. This difference is due mainly to the natural and climatic conditions of the country, its geographical position. By virtue of the same reasons, the lands are unevenly mastered. The main burden falls on the land of the European part of Russia, where industrial production is concentrated, agriculture develops and people are most intensely spread.
Land Law is an independent direction of legal regulation, which was formed in connection with the allocation of interests on the equitable distribution of land between the subjects of the right, the rational use and protection of land in the process of social development into an independent category. Its purpose of land right to design such a model of behavior of people, in which the effective use of land will be maintained to meet economic and non-economic needs, taking into account the preservation of land as part of the unified Earth ecosystem and the conditions for the further development of society.
Land relations are the subject of land law. They are legally significant connections, interdependent between the subjects of the law arising in the process of their interaction and concerning the use of land, the acquisition of the rights of land plots, orders of lands, land protection, government in the field of use and protection of land. Everywhere, where the relationship between the subjects of the right is to develop about land, land plots, no matter what regulatory acts These relationships are regulated, it should be said about the emergence of land relations. Everywhere, where the relationship between entities of law is developing on land, land plots, regardless of what regulatory acts these relationships are governed by land relations.
Relations arising about land, land relations are characterized by the trinity of the goals and objectives: 1) ensuring the most rational use of land; 2) land protection; 3) Ensuring land rights and legal entities and legal entities provided for by the law of interests of citizens and legal entities.
The subject of land laws are the following types of land relations: 1. Property relations, renewed and other rights to Earth; 2. Economic land social relations; 3. Contractive land relations, whose subject is the land plots; 4. Relationships related to land management; 5. Relations in the field of land use (land plots); 6. Relationships on the protection of legal land rights and land interests of citizens and legal entities;
7. Relationships related to the reimbursement of the losses of agricultural production and loss of forestry when transferring forest lands to non-delicious lands; 8. Organizational and legal relations in the field of land protection; 9. Security land relationships arising from the security function of law.
Property relations, the real and other rights to Earth are they forming the state-legal basis of the land of the Russian Federation. The essence of it is represented by the proclaimed Constitution of the Russian Federation with a variety of forms of ownership (private, state, municipal and other forms of ownership) and is equal to the protection of all forms and types of property. The content of property rights is determined by the empower the owner by ownership, use and disposal of land plots. In the process of realizing property relations, objects of the right of federal property are determined, state ownership of the constituent entities of the Russian Federation, municipal and private ownership, types of ownership and land-established procedure for the delineation of objects of ownership. In connection with the expansion of the scope of applied and other rights to land with land and other branches of legislation, the procedure for the acquisition and termination of such, for example, rights, as the rights of permanent (indefinite) use, the rights of life inherited ownership, the right of urgent gratuitous use, public or private servitude, rental rights on land. The title role here is played by property relations. Relationships on the acquisition, termination and transition of real and other title rights to Earth are derived from land ownership.
Economic land social relations they carry multifaceted nature and can develop in the field of land tax challenge, rent payments for the use of land plot, calculating the regulatory price of land, market or cadastral value of the land plot. Economic relations Fragmentarily present in the field of damages compensation, losses to agriculture in cases of expressing land plots for state and municipal needs, as well as in cases of limiting the rights of owners, landowners, land users, tenants and other cases provided for by law.
Contractual land relations, the subject of which land plots are qualitatively the new kind Land public relations arising during land reform. They are a comprehensive legal institution of both land and civil law, while the main forms, types essential conditions Contracts are determined by civil law, but a meaningful part of the contract (price, deadlines, rights and obligations, contractual types of responsibility) is determined by the requirements of land legislation.
Relationships related to land management (management land relations). They define the system, structure and law federal organs executive power both general and special competence. Of particular importance in management relations are the main directions of their activities, i.e. management functions. Therefore, determining the content of these functions, the legal mechanisms of their implementation constitute the priority task of the current land legislation.
Relations in the field of land use (land plots) in the process of their legal regulation of land laws are established general principles land use mandatory requirements For the use of land plots, and if necessary, prohibitions and restrictions in order to ensure their rational and efficient use, as well as providing state and municipal interests. The achievement of these goals is largely determined by the content and obligations of owners, owners, land users, land tenants, as well as their strict performance. For state regulation These relationships may be limited to the legal personality of participants in land use relations, for example, subjects of agricultural land use.
Relationships on the protection of legal land rights and land interests of citizens and legal entities as an independent type of land flows first from Art. 2 of the Constitution of the Russian Federation and the subsequent development of land legislation. Land Code of the Russian Federation (Art. 5963) enshrines judicial order Recognition of land rights and interests of citizens, the procedure for the restoration of violated land rights, the procedure for compensation for damages caused with losses and losses, and also establishes the main guarantees for the protection of land rights to the land plot for both citizens and legal entities.
Relationships associated with reimbursement of losses these land relations in their content are property relations. At the same time, they are separate and differ from the security of the fact that the reimbursement of these losses, in cases of removal of land plots or limit the rights of owners, landowners, land users, and tenants of land in seizure of them for state or municipal needs, is carried out on the basis of acts government agencies executive or municipal organs (local governments) and do not form the composition of the land offense.
Organizational and legal relations in the field of land protection This type of relationship should not be confused with management relations, since they are associated with measures to restore disturbed land plots, conducting, in particular, work on land reclamation, conducting hydrotechnical, cultural and other land reclamation, work aimed at preventing wind and aquatic erosion, overlooking land plots and so on.
Security land relations arising from the protective function of law are comprehensive because they are associated with the use of measures legal responsibilitystipulated by the norms not only land, but also criminal, administrative, labor, civil and other branches of Russian legislation.
System and structure - architectural and structural foundations of land law. The system refers to the subject characteristic of land law and, in fact, reflects the system of public relations regulated by this right. refers to the subject characteristics of land law and, in fact, reflects the system of public relations regulated by this right. Structure reflects the vertical building of law. Each industry (sub-sectors) of law, being an element in the national law system, has an internal structure. reflects the vertical construction of the right. Each industry (sub-sectors) of law, being an element in the national law system, has an internal structure.
Structural units of land law - the main structural unit of legal norm, or adopted in installed manner and compliant to comply with the rule of the behavior of the relevant entities in relation to Earth. The aggregate of legal norms is united and form legal institutions on the basis of the homogeneity of regulated public relations.
Institutes of Land Rights Commonwealth in the general and special part. Institutions of the general part contain norms that have a common importance for the entire industry. These include the Institute for Earth, Institute of Land Use, Institute of Public Administration, Institute legal security Land, Institute of Legal Responsibility. The criterion for the selection of institutions of the special part is recognized by the ownership of the land to one or another land category. Accordingly, they include institutions of agricultural land, settlements, land industry and other special purposes, lands of specially protected areas and objects, water and forest funds, stock lands. Each of these institutions combines the rules that establish the legal regime of the corresponding land category.
Signs of land law principles The principles of land law are characterized by the following signs: they are the leading start in the regulatory legal regulation of land relations, they cannot contradict "ordinary" norms of land law; The system of land law principles is a land law scheme; The hierarchy of some principles occupy a higher position to relative to the rest (the principle of providing a favorable environment is dominant with respect to the principle of rational use of land); The system of principles is dynamic: as developing legal system There are new principles, go to the past old.
The fundamental provisions of land legislation are enshrined in the Constitution of the Russian Federation, are detailed, concretized in special laws, decrees, managerial acts that have a normal importance. The principles of land right are contained: "In the Constitution of the Russian Federation (person, his rights and freedoms are the highest value, and guaranteed the right of citizens to have land ownership (part 2 of Art. 9 h. 1, Article 36);
"In the declarations of regulatory legal acts (the principle of equality of all forms is proclaimed land ownership and the forms of management on earth); "In specific norms of land law. (The RF RF enshrines the principles of the priority of land landfills compared with other land categories, target use lands, with constant (indefinite) use, creates prerequisites for the sustainability of land rights, etc.); "In the textual sense of the current legislation (the norms of the RF RF, determine the priority of the environmental interests of society over the economic, land management tasks are subject to creating a favorable environment and improving natural landscapes).
Principles of general principles (the principles of the general part of land law) are related to the general practitioners: recognition, compliance and sewn of the rights of citizens, including the rights to land, as the responsibility of the state (Art. 2 of the Constitution of the Russian Federation); legal equality of citizens in obtaining (acquisition) of land rights (land access); The principle of free choice by citizens of the rights to land and the obligations of the state, local governments to ensure land rights of citizens of associations; principle of humanism; principle of legality in land relations; the principle of internationalism, having an international and national parties; The principle of stimulating the rational use of the Earth by its users; The principle of subjective imputation, i.e., the use of land responsibility for the guilty land offenses, etc.
Industry principles Land rights are due special character Adjustable public land relations, which in turn are determined by the specifics of the regulated object of the Land Fund of the Russian Federation, consisting of different in its legal regime some categories Land. This specificity gave rise to principles that can be divided into two parts: related to the general part of land law and related to a special part. The fission is based on unique properties inherent in land as a specific object.
Accounting for the importance of the Earth as the basis of the life and activities of a person Regulation of relations on the use and protection of land is carried out on the basis of submissions of land as a natural facility protected as the most important component of nature, the natural resource used as a means of production in agriculture and forestry and forestry and the basis of the implementation of economic and other activities in the territory of the Russian Federation, and at the same time as a real estate, about the object of ownership and other rights to land;
The priority of the interests of the peoples inhabiting this territory, and the protection of human rights. This principle is expressed in the fact that: "Earth is the basis of the life and activities of peoples living in the relevant territory (Art. 9 of the Constitution of the Russian Federation); »Each resident of Russia is the" owner "of this natural gift (part 1 of Art. 36 of the Constitution of the Russian Federation); »The acquisition of land in ownership is carried out only in order, provided for by law; "In the interests of human health, the right of every citizen of the Russian Federation for a favorable environment (Article 42 of the Constitution of the Russian Federation) is established; »It is not allowed to refuse to provide citizens and legal entities land plots in state or municipal property, for construction (clause 4 of article 28 of the RF RF); »The participation of citizens and public organizations (associations) in solving issues relating to their land rights, meaning that citizens of the Russian Federation, public organizations (associations) have the right to participate in the preparation of decisions, the implementation of which can affect the state of land when using them and protection, and state authorities, local governments, business entities and other activities are obliged to ensure the possibility of such participation in the manner and forms that are established by law.
The target use of the Elevate land appointment is the procedure established by the legislation, the conditions, the limit of operation (use) for specific purposes in accordance with land categories. The target and legal regime of the main categories of land are determined by federal laws, the laws of the constituent entities of the Russian Federation and are reflected in urban planning and land development documentation. The principle of targeted use of lands is expressed in the fact that: \u003d Russia's land is divided into seven categories on their intended purpose; \u003d Inside the categories of land there is a division of them by land, (agricultural land is divided into arable, pasture, hay-axes, etc.; land of settlements - on land building, general use, agricultural use, etc., the land of environmental protection includes land reserves, forests of forests performing protective functions, etc.;
= land areaHer organization is required for the owners of land, landowners, land users and tenants; \u003d Additional rules arising from neighborhood of land users' modes are established. The law establishes different servility, as well as the water protection zones of rivers and water bodies whose boundaries are fixed on the ground. Land plots within the zones of land owners, landowners, land users and tenants are not withdrawn. The use of these land plots is carried out in compliance with the regime established on them. The category of land is indicated:\u003e in the decisions of the executive bodies and decisions of local governments on the provision of land plots or on the establishment of special legal regimes for the use of land of highly protected territories and land for other purposes; \u003e Testimonies, contracts and other documents certifying the rights to land; \u003e Documents state Cadastre real estate; \u003e State registration documents. The implementation of this principle is provided by Art. 27, 30- 32, 79, 94, 101 RF RF and special federal law.
Stability of land rights The right to land of all users of the Earth is constitutional law, is protected and guaranteed by Art. 2 Constitution of the Russian Federation. Guarantees of the stability of rights to land are expressed as follows: ◊ Citizens are guaranteed the right to receive land plots and to judicialize the refusal to provide these areas; ◊ The law provides an exhaustive list of grounds for the removal of land from the owner, landowner, land user and tenant; ◊ Freedom of economic activity is guaranteed by a certain list of rights and duties on land economic exploitation, consolidation of the provisions on the inadmissibility of the state's intervention and its bodies in the activities of the enterprise without legal grounds, under the fear of compensation for damages caused by such interference.
The equality of all forms of land ownership is expressed: a) in the absence of domination of any forms of ownership or business over others. In the Constitution of the Russian Federation and federal legislation established by the division of state ownership of land for the property of the Russian Federation, the property of the subjects of the Russian Federation and the property municipalities. b) In the alignment of the methods of land economic operation by exemption from the fee for land, persons who develop it or restoring disturbed by their fault of the land, the establishment of differentiated land taxes, depending on the quality of land.
The paid use of land forms of fees are: land tax (before the introduction of real estate tax), rent and the regulatory price of the Earth. The owners of the Earth, landowners and land users (except for tenants with leases are subject to annual land tax. The regulatory price of the land is established to ensure the economic regulation of relations in the transfer of land to the property to citizens, the definition of the general dolly ownership To the ground, transfer it by inheritance, donation, by receiving a bank loan on the security of the land plot and in other cases. The market value of the land plot is established in accordance with the Federal Efficiency Act.
Rational use of land, expressed in their effective operation while improving quality. The content of this principle is different for various land categories.
An integrated approach to the use of land is due to the fact that the land is inextricably linked with all other objects of nature and human activity. This principle is expressed in that:\u003e in solving issues of granting, transmission of the sale) of land in ownership, land tenure, land use, or for rent: the environmental, economic and social consequences of such a removal are taken into account, the prospects for the use of this territory and its subsoil; \u003e Activities of every user of the Earth, which violates the environmental management established by law, can be suspended in the manner defined by law, until the violations allowed.
Plannedness in the use of land compliance with it is necessary for the right organization of economic exploitation of land and their protection. Planning are carried out: a) local governments (local administration), which are obliged to plan the use of land, develop programs for rational use, increase soil fertility, the protection of land resources in a complex with other environmental activities; b) land users, landowners, owners and other subjects of land legal relations, leading management on earth, since each enterprise is obliged to plan its activities; c) land management bodies, obliged to develop programs and schemes for the use and protection of land resources and land management scheme.
Continance of the state of use and protection of land: compliance with land legislation to the state in relation to all subjects of land relations; A special procedure has been established, within which state land control is carried out; The timely provision of information on the state and use of land is the responsibility of each owner of the land plot, landowner, land user and tenant; State controlled economic activities Any enterprise, including associated with the use of lands.
The combination of the interests of society and the legitimate interests of citizens. According to this principle, the regulation of the use and protection of land is carried out in the interests of the whole society while ensuring the guarantees of each citizen for free possession, use and disposal of the land plot.
Principles of a special part of land law The feature of the principles of a special part of land law is in the specifics of the legal regime of individual categories of land included in the State Land Fund of Russia. Agricultural land has priority. Earth settlements (cities, urban-type settlements - Country, workers and resort villages and rural settlements). Earth of special purpose (industry, transport, communications, broadcasting, television, computer science and space support, energy, defense, etc.). Lands of specially protected areas and objects (environmental protection, natural reserved, recreational, recreational and historians of cultural purposes). Lands of the Forest Foundation are one of the elements environmental system Forests involved in the natural functioning of the entire ecosystem. Earth stock - state reserve, etc.