Legal relations related to land ownership remain relevant at any time and in any place. Each person needs to live somewhere and equip their activities. But how to properly register your land rights? Our article will detail the concept, subject and methods of land law.
Definition
Any legal industry is a combination of various norms, rules and attitudes. Land law contains the rules governing territorial relations, as well as the use and protection of natural resources. The industry in question is made up of social relationships of a managerial, property and even environmental nature. Because of this, the land legal industry is closely related to civil, administrative, environmental and other types of law.
The main source of the legal industry under consideration is the Land Code (LC RF). This is a normative act compiled from a number of federal laws, the provisions of which are consistent with the norms of the Constitution of Russia - the country's main law. In the RF RF all basic norms are indicated: this is the concept, subject, system and methods of land law.
Thing
Land relations as a set of managerial and property relationships are the basis of land law. Such relationships are subject to the legal industry under consideration.
A feature of the subject can be called a close connection with many other types of law. So, a land plot is a typical object of civil turnover. Land relations are also regulated by civil law, with the exception of those cases where a piece of land acts as an object of power. In this case, we will focus on administrative law.
Thus, the subject of land legal sphere has an extremely interesting specificity. The legal industry under consideration has a very narrow focus, as a result of which its norms are closely related to other legal areas.
The system of land law methods
Any legal industry is based on special methods. It is a matter of scientific or legal instruments, with the help of which the existing norms are built into a clear system.
The scientific methodology is the same for any branch of law. Tools can be general scientific, private scientific or special scientific. The first group includes such methods of land law as analysis, synthesis, deduction, induction and much more. The second and third groups should include forecasting, communication with other sciences, logic, and so on.
Next, we should talk about the methods of land law of a legal, but not a scientific branch. There is a division into imperative and dispositive methods.
The imperative method in the field of land law is connected with the relations of submission, coercion and prohibition. For example, the state forces a person to comply with environmental standards. If a person refuses to obey, then he will be held responsible.
Dispositive method
In addition to peremptory regulation, there are also dispositive methods in the land branch of law. They will quantitatively prevail over the imperative, and therefore they should be given a little more attention.
The dispositive method is the regulation of relations not related to prohibition or submission. If the imperative is a duty, then the dispositive is a right or an opportunity. For example, a citizen of Russia must take care of the environment.At the same time, he has the right to purchase part of the land.
Since the sphere of land relations is closely related to civil law, the subject and methods of both regions are almost the same. There are much more dispositive norms, since the predominant part of the relationship is related to the execution of contracts, inheritance, purchase or sale, and so on.
General principles
The concept, subject and methods of land legal sphere are based on a number of important legal rules and guidelines. All of them give integrity and unity to legal norms, regulate the main guiding ideas and provisions. All the principles of land relations are divided into two groups: general and special.
The general principles include:
- the availability of guarantees of property rights to land;
- the principle of diversity of property forms;
- the supremacy of federal law in the regulation of relations in the field of land law;
- freedom of possession, disposal and use of land, if none of this harms the environment and violates the legitimate interests of citizens;
- delimitation of powers of the Russian Federation and its subjects in the regulation of relations in the field of land law;
- restriction of the rights of citizens to land on the basis of federal legislation in order to protect the constitutional order of the Russian Federation, as well as the health, morality, legal rights or interests of any person.
General principles constitute the legal basis of land law of the Russian Federation.
Industry principles
Having dealt with the general principles, concept and methods of land law, it is necessary to pay attention to the specific ideas on which the considered legal system is based.
The first principle is to take into account the importance of land territories as elements necessary for social life. The use and protection of land is carried out on the basis of ideas about each territory as the most important part of nature used for production in forestry and agriculture. The Russian Constitution attaches particular importance to the land: it is the basis of life for the whole of Russian society.
The second principle is the priority of protecting the land to maintain the life and health of every person. At the same time, Russian citizens can participate in solving problems concerning their land rights. Another important principle is connected with this moment: the unity of the fate of land territories and related elements.
The division of territories according to their intended purpose into categories, the paid use of land plots, as well as the delimitation of state property on land are the last specific principles of this branch of law.
Tasks
Having dealt with the principles and methods of legal regulation of land law, you should turn to the direct content of the legal system under consideration.
The land legal industry performs the following tasks:
- ensuring strictly rational and targeted use of land ownership;
- implementation of constitutional rights, interests and freedoms of all participants in land relations;
- accounting for the plurality of subjects of property rights to land plots;
- the establishment of the regulation of relations related to land property.
Naturally, this is far from all the tasks. Russian law establishes a much larger number of different goals and problems. To solve all problems, it is necessary to correctly use the methods of regulation of land law, as well as systematize all available norms.
Legal system
Land law consists of a general and special part. The main one contains starting provisions, the effect of which extends to most of the regulated relations. Particular covers the rules that govern certain types of land relationships.
The main area of land law includes the following legal institutions:
- rights to land ownership;
- land administration;
- control over the use of land;
- land management;
- legal protection of land;
- legal liability for violation of land legislation.
A special part of land law contains its own institutions. Each set of rules establishes a specific legal regime. In particular, these are the regimes of reserve lands, settlements, protected areas and others.
There are many classifications by which land law can be divided. However, the system of general and private sphere is the most relevant.