The principles of legislation in the general sense of the word should understand its key principles, guidelines and ideas that determine the content and direction of legal regulation in a particular area. Legal principles apply to a wider area of society than the rule of law. Usually, one principle is embodied and reflected in many separate standards. In this article, we consider the basic principles of land legislation of the Russian Federation, their characteristics and distinctive features.
General Provisions
Combined in legal regimes, areas of life, sources and methods, the principles that describe a particular branch of legislation form a special regime for regulating law, which serves as a complex property of this industry. It is worth noting that the principles of legislation regarding a particular industry clearly express its specificity. That is why at present it is enough to study them in order to form an adequate idea of the system of a certain sphere of legislation, its goals and objectives, social purpose, as well as the tools that are used in the process of carrying out routine operations.
Legal principles serve as a guide for law enforcement and law-making activities of state and local government structures. It must be borne in mind that compliance with the principles of land legislation is one way or another one of the elements that ensure the uniform, normal functioning and development of the Russian legal system. The Constitutional Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation and the Supreme Court of the Russian Federation in their decisions often mention the need to apply legal principles, since they can act as a source of legislation in case of gaps.
Classification of legal principles
Today, the principles of legislation are classified into groups depending on the distribution system. So, the following categories are distinguished:
- General legal principles of land legislation are principles that apply to the entire legal system. It is important to add that this provision is applicable to any legal field.
- Intersectoral principles that apply to a number of legal areas.
- Industry principles that are relevant to a single industry law.
- Intra-industry principles that are relevant to a single institution of law.
It is worth adding that most of the principles of land legislation apply to the intersectoral type. In other words, they are the basic points in the development of two or more branches of law in force in the Russian Federation. These include the principle of paid use of natural resources. The fact is that it exists not only in land, but also in forest, water and other legislation related to natural resources, as well as in legislation on tax payments and fees.
Legislative aspect
Article 1 of the Land Code in force on the territory of the Russian Federation forms the basis for the application of the standards of both the RF Land Code and land law in general. It should be noted that the content of this industry is based on the doctrine of the principles of land legislation. They, in turn, represent ideas and principles of a general nature that underlie the creation of institutions, as well as the content of standards and their use.
Among the key principles that are recognized by the rule of law, it is advisable to include such as universal equality before the law, the rule of law, recognition of individual rights, justice, and responsibility for guilt. It is necessary to add that the above principles form the basis for the implementation of legal relations of any plan. The principles of land legislation, which include the above provisions, are binding. They serve as the basis for the introduction, enforcement or use of legal standards.
Article 1 of the Land Code and its analysis
The basic principles of land legislation in a systematized form were for the first time established by Article 1 of the Land Code in force on the territory of the Russian Federation. It is important to note that they are cross-sectoral or sectoral in nature, but do not contradict general legal principles, but are based on them. This fact can be proved by information from the previous chapter.
Thus, the key importance of this article relates to the need to ensure common fundamental approaches to the legal regulation of land relations. In this case, the principles of land legislation should be guided by federal regulations, as well as the legislation of the country's constituent entities. It is worth noting that these entities, in accordance with Article 72 of the Constitution of the Russian Federation, have the right to adopt their own land laws or regulations of local government structures.
The principles, which are enshrined by the first article of the RF LC, not only adhere to general legal provisions, but in some cases are an expression of the key areas of land policy that have been developed a relatively short period of time ago. It should be noted that at the root of the definition of the principles of land legislation (law) is an understanding of the properties of land, which is primarily an object of social relations of a legal type. So, we have analyzed the main provisions of land law established by applicable law. That is why it is advisable to consider each of the existing principles separately.
Land value accounting
The first principle of land legislation is to take into account the importance of land, which serves as the basis for human activity and life as a whole. In accordance with this provision, the regulation of relations related to the use and protection of land is implemented on the basis of the usual ideas about it as a natural object, which is under protection, as it serves as an essential element of nature. In addition, it is worth considering that land is used as a means of production in agricultural and forestry activities, and also serves as the basis for the implementation of economic and other operations in Russia.
It is important to keep in mind that this principle of land legislation is based on provisions that are confirmed by article 9 of the Constitution. According to it, land and other natural resources are used and protected in the Russian Federation as a basis for the activities of citizens living in a particular territory. The named constitutional provision is determined by the general social character. This is a declaration that is endowed with the greatest importance in terms of creating a legal framework for the use of land. It cannot be identified with other things or have a utilitarian, unambiguous meaning, like other objects of legal relations. It is also worth noting that the legal regulation of land use cannot be implemented through methods that violate the interests and rights of citizens living in the relevant territory.
In land legislation, the principle is fixed in subparagraph 1 of paragraph 1 of Article 1, which we studied.However, it does not repeat the provisions of the Constitution, but refers to one of its aspects, in accordance with which it acts both as a resource component, and as a natural object, and as an immovable property. This suggests that when establishing certain rules for the use of land in the legal standard should take into account its other qualities.
Land Conservation Priority
Next, we examine the issue of establishing other principles of land legislation. The second of them should be considered the priority of land protection as an essential component of the environment and an instrument of agricultural production, as well as forestry, before using land as real estate. In accordance with the aforementioned principle, the ownership, use and disposal of certain land plots is realized by the owners freely if this does not harm the environment.
The provision under consideration, which relates to the basic principles of land legislation, is determined by subparagraph 2 of paragraph 1 of Article 1 of the RF Labor Code. It is a continuation of the previous rule and indicates the priority of land as a natural component over its use as real estate. This principle is essential for identifying the degree of regulation of rights to land and the impact of civil law standards, as well as the provisions of land legislation.
Priority for protecting human health and life
The third principle of land law is the priority of protecting human health and life. It is established by subparagraph 3 of paragraph 1 of Article 1 of the LC RF. In addition, the provision is consistent with the general points defined by the Constitution, legislation in force on the territory of the Russian Federation, and also with the principle of compliance with land legislation, which is of a general legal nature. Thus, in accordance with the first article of the Constitution, it is established that any person has the right to protection of health. In addition, the first article of the Fundamentals of the legislation of the Russian Federation regarding the protection of the health of citizens of July 22, 1993 (as amended on March 7, 2003) determines that the state is one way or another a guarantor of the protection of everyone’s health in accordance with the Constitution and other legislative acts of the Russian Federation, as well as generally recognized principles and norms international law, international treaties.
Fourth and Fifth Principle
The fourth rule governs the participation of public associations (organizations), individual citizens and religious structures in resolving issues that relate to their land rights. It is detailed in detail in Articles 23, 31 and 34 of the Land Code, as well as in acts of urban planning and environmental legislation. This principle, defined by subparagraph 4 of paragraph 1 of Article 1 of the RF Labor Code, first of all develops the corresponding provision of the Constitution regarding the fact that land is a public property. So, the named principle should be taken into account in the implementation of any use of land that affects public interests.
The fifth position establishes the unity of fate of land, as well as objects that are firmly attached to it. In accordance with this rule, all objects share fate with the corresponding sections. The exception is cases established by laws of the federal level. It is worth noting that sub. 5 p. 1 Article 1 of the RF Labor Code, a provision has been defined which relates to one of the most complex problems of regulating land relations in the present. The fact is that following the fate of the land for real estate located on it can be equated to following the general legislative regime of land when using real estate, in other words, to changing the nature of the use of real estate in case of changing the purpose of the land.Nevertheless, the legal regulation of the use of land and real estate on it cannot be limited only by the above rule. After the plots enter the circulation, one of the most important legal tasks is the harmonization of legislation regarding the circulation of these varieties of property complexes.
Valuable land conservation priority
The sixth principle is the preservation of the most valuable lands and protected areas. In accordance with it, a change in the intended purpose of such lands (agricultural, forest, protected, cultural heritage) is prohibited or in some way limited in the manner determined by federal legislative acts. It is worth noting that this rule should not be interpreted as a diminution of value or denial of other land categories.
Final principles
Finally, we consider such principles as the paid use of land and the division of land into categories according to their purpose. The first of these involves the expression of land use paid in the form of payments such as land tax and rent. It is important to take into account that the fair implementation of the above principle, first of all, requires coordinated operations related to an adequate assessment of land. Objectively, this is impossible without the development of turnover relative to land. In accordance with this provision, the current law establishes cases of determining land benefits.
The division of land into categories for the intended purpose implies the determination of the legal regime according to membership in certain categories and permitted use in accordance with current requirements of the law. The principle is enshrined in subparagraph 8 of paragraph 1 of Article 1 of the Land Code.