The concept of land relations is quite extensive and complex in structure. There are many reasons for this. First of all, the specifics is connected with the object of legal relations - the land. In addition, the legal status of persons interacting is of no small importance. Let us further consider in detail the concept of land relations and the elements that are associated with it.
General information
Land legal relations refer to actual social interactions, which are the result of strong-willed active behavior of people regarding allotments. They are regulated by the norms of the LC and other federal laws. Legal acts determine the grounds for the emergence and termination of land relations, the legal status of persons entering into them.
Structure specifics
As mentioned above, the complexity of interactions is determined by various factors:
- Features that have the subjects and objects of land relations.
- Regulatory Features
Among the key elements of interactions are:
- Legal provisions on which the relationships are based.
- Subjects and objects of land relations. The activities of the former are regulated by relevant standards. The second acts as, in fact, the subject of a legal relationship.
- Content interactions. It is formed by the rights of subjects of land relations and the requirements established for them. The content also includes actions focused on their implementation.
Classification of land relations
It is carried out on various grounds. For example, in accordance with the content of the legal relationship are classified by key legal institutions. In particular, interactions associated with:
- property
- state administration of the territory;
- use of allotments;
- protection of land rights.
Interactions are differentiated by type of ownership. It can be private, municipal or state.
Orientation of legal provisions
There is also a classification of land relations according to the direction of their norms. By this criterion distinguish:
- Material interactions. They are governed by norms that determine the requirements and rights of entities relating directly to land. These interactions evolve over the implementation of established regulations and legal capabilities.
- Legal proceedings. They are expressed in special standards. These provisions determine the grounds for the emergence and termination of land relations, their implementation. The method of using legal opportunities and fulfilling the requirements prescribed by law is also regulated.
- Regulatory interactions. They are formed in the implementation of norms not related to the application of legal liability.
- Security interactions. The occurrence of these legal relations is caused by a violation of the established requirements. They are implemented in the process of applying liability measures to the guilty person.
Activity focus
According to this criterion, land relations are differentiated into interactions associated with:
- maintaining the state cadastre;
- planning for the use and protection of the territory;
- provision and seizure of allotments for public and state needs;
- land management and planning of territories of settlements;
- implementation of state control over the use and protection of land;
- monitoring;
- dispute resolution.
Additional categories
In addition to the above types, land relations can be:
- Common. They occur in typical cases.
- Specific. These relationships are formed in special situations.
Interactions are also divided according to the certainty of the persons entering into them. By this criterion distinguish:
- Relative interactions. They accurately determine the participants in land relations.
- Absolute interconnections. They suggest that authorized persons are confronted by an indefinite number of people or organizations who must comply with certain requirements.
Subjects of land legal relations
In Russia, the entire territory is in state, private, municipal and other forms of ownership. Subjects of land legal relations - persons whose activities in the framework of interactions relate to the allocation, seizure, use, management, ownership, disposal of allotments. Their legal status is determined by industry standards. The Russian Federation and its regions act as subjects of land relations related to state property. Administrative-territorial units represented by local authorities (one of which, in particular, may be the Land Relations Department) enter into interactions regarding allotments that are in municipal ownership.
Such territories are within the boundaries of the Moscow Region. All other subjects of land legal relations are some state and municipal authorities, legal entities and citizens. They carry out the use, management, protection of territories. Legal entities and citizens as subjects of land relations enter, among other things, in interaction regarding private and public property.
Legal status
The subjects of legal relations can be persons who are endowed with a sufficient amount of rights to join them. Another condition for acquiring status is the ability to comply with statutory requirements. The complex of legal and legal capacity, as well as the freedoms and interests of the subjects determines their legal status in the system of legal relations. The status of persons depends on a number of circumstances.
These include:
- Type of subject.
- Legal conduct.
- Features of the object.
- The situation in which the functions of the person are realized, if it is defined by law.
The powers are divided into general and special. The first is possessed by all persons who enter into interactions. Special powers are characteristic only for certain categories of subjects.
Features of the territory
All lands of Russia are divided into categories in accordance with quality, purpose and other criteria. The following classification is legally fixed:
- Agricultural territories. They act as a key means of agricultural production. These lands are considered the most important in the country.
- Territories of settlements. They are used to service cities, urban settlements and other administrative units.
- Special Purpose Lands. These territories are used by industrial, transport enterprises, communication organizations, television and radio broadcasting, space support and computer science, defense, and energy.
- Specially Protected Lands. These include territories of nature reserve, nature conservation, recreational, cultural and historical significance, national, biosphere and other reserves, state reserves, botanical gardens, resorts, health and recreation zones.
- Forest Fund.
- Land stock. They represent reserve territories.
- Water fund.
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In the Land Code, objects of legal relations are defined as follows:
- Natural resources.
- The plot. It is a piece of land that is separated from other plots. On the ground, it is indicated by the borders.
- Parts of allotments.
The normative act establishes that land shares on a site that is in common ownership act as independent objects of rights. On the ground, such parts are not indicated.
Content Interactions
The essence of land relations is the totality of duties and legal capabilities of persons entering into them. They are realized through the implementation of certain actions or abstinence from this. The legal capacity of a person expresses a measure of acceptable behavior. It is guaranteed by law. The obligation of the subject of land relations is a model of the proper behavior of the person.
Legal Opportunities
The specific rights of the subjects depend on their status, features of the site, type of interactions. Legal capabilities of individuals can be divided into 2 categories. The first includes the right to specific behavior. It is expressed in action or inaction. The first includes:
- Ways of implementation.
- The types of actions that are permissible to perform.
The right to inaction may be partial or full. As for the opportunity to demand, it can be implemented in a judicial and administrative manner. The rights of persons entering into land relations are subjective. Their implementation depends on the will of the carrier. In this case, the subject may or may not use them without liability.
Proper behavior
The obligations of the subject, as a rule, correspond to certain legal capabilities of another person. Proper behavior can be expressed in the requirement:
- Take some action.
- Prevent a specific behavioral act.
Obligations are subject to accurate fulfillment under the threat of application of measures of responsibility to the subject and the appearance of adverse consequences for him.
Legal Facts
They act as the basis for the emergence of land relations. Legal facts can also cause changes in the content of interactions. Due to some events, the relationship may cease. The following types of legal facts exist:
- Installing. They act as the basis for the emergence of land relations. For example, in the process of drawing up a lease agreement, the parties enter into interaction related to the use of the allotment. When concluding a pledge agreement, a credit relationship appears. At the same time, the party to the transaction receives limited legal opportunities to use the allotment.
- Changing.
- Stopping. When they appear, interactions cease to exist. The LC established an exhaustive list of events entailing the cessation of land relations.
Characteristic
Each entitlement, amendment or termination of a fact may be expressed in the form of an event or action. The former include circumstances that appear regardless of human will. Events can be relative and absolute. The latter are phenomena that do not have a direct connection with human activity and will. For example, these are all kinds of natural disasters. Relative events are those that arise as a result of a person’s activity, but occurring beyond his will. Behavior in land law is considered in various aspects.
For example, they mean:
- Actions of legal entities and citizens, state and other bodies.
- Inaction of the subjects.
- The legal status of persons interacting.
In turn, the behavior may be lawful or unlawful.
State property
The state, acting as the subject of land relations, acts through a set of competent authorities. Between them are distributed powers relating to property. Taking into account the federal structure of the country, the existence of a two-level power, they decided that the right to state property exists in regional and federal form. The latter applies to territories, allotments and their parts that do not belong to private individuals, municipalities and organizations. This provision is fixed by the 214th article of the Civil Code. In ZK, Art. 16-18 it was established that state property is represented in the country in three forms: federal, regional and municipal. In accordance with this, the following conclusion can be drawn: state property is clearly distinguished between the federal center, regions and municipalities. It is subject to a special legal regime established by the LC and other regulatory acts.
Types of state property
This category includes property that is legally owned by the Russian Federation. The federal property includes the following territories:
- Related to the property of the Russian Federation Federal Law.
- The right to which appeared during the delimitation of state property.
- Acquired in accordance with the provisions of the Civil Code.
The regions belong to the area:
- Recognized by the property of constituent entities of the Russian Federation in accordance with the Federal Law.
- Acquired by regions in accordance with the Civil Code.
- The right to which appeared during the delimitation of state property.
The territories may be in the possession of territories not transferred to private individuals. To them, for example, include sites:
- Busy real estate owned by regional authorities.
- Provided to governing bodies, unitary enterprises and state institutions.
- Assigned to the category of specially protected lands of forest and water funds, etc.
- Occupied by privatized facilities that were previously regionally owned.
The exercise of rights on behalf of the constituent entities of the Russian Federation is carried out by authorized bodies within their competence. Prior to delimitation of state property, local authorities (for example, the Department of Land Relations) dispose of territories, unless otherwise provided in the LC or regional legislation.