Sources of land law

Sources of law in general, and land in particular, call a special form through which the expression of the rules of conduct defined by law is carried out. This form makes these rules binding.

In order for the sources of land law to be recognized as such, they must be a strictly defined form of law, decree, instruction, order, regulation and other acts.

It should be noted that the relations arising within the framework of the industry under consideration are governed not only by its norms, but also by provisions relating to other industries. In this regard, the sources of land law are represented by the norms contained in related disciplines. For example, civil, agricultural, administrative and other norms are often applied.

The system of land law includes a fairly large number of laws. These acts, endowed with the highest legal force, create a legal basis for the legal regulation of relations arising in this area. The Land Legislation of the Russian Federation is represented by the norms contained in codified acts. The regulatory function is also possessed by the Forest and Water codes.

Sources of land law include international regulations. These acts to one degree or another regulate legal relations arising within the state. In accordance with the provisions of the country's Basic Law, they are considered an integral part of its legal structure and are given priority value. If the international treaty establishes rules that are different from the internal norms, the first of them apply.

Sources of land law are also the provisions of the Constitution. The basic law regulates relations arising in various fields. Articles of the Constitution determine the foundations of the system, freedom, as well as the capabilities of people and citizens. Along with this, the Basic Law establishes the principles that shape the goals, forms, methods of regulating relations, including in the land sphere.

Natural resources, according to article 9, are one of the foundations of the life of the population living in a certain territory. In accordance with this provision, nature management and environmental protection activities are carried out . Those or other natural objects can be in state, private, municipal and other forms of ownership. The provisions of the Constitution allow the free use of land resources, if this does not harm the environment, does not contradict the rights and legitimate interests of others. Moreover, the Basic Law establishes that the procedure and conditions for the use of land are carried out in accordance with federal law.

Of great importance in the regulation of relations in this industry are the constitutional provisions relating to the formation of competence of Russia and its subjects. So, in the text of article 72 it is established that the joint conduct of the state and its subjects extends to the protection, use and ensuring the safety of the environment, a number of certain territories, cultural monuments and history.

In regulating land relations, the Law, which gives citizens the right to sell and obtain private ownership of land allotments for conducting subsidiary or suburban farming, is of particular importance.

In the structure of regulatory acts of the industry in question, Presidential Decrees are of great importance . Their role is significant in connection with the existing gaps in the regulatory structure governing the use and protection of natural resources. Many decrees became the basis for the necessary reforms in the agricultural sector, reforming the long-term period of the collective-farm and state-farm management system.

Source: https://habr.com/ru/post/E3478/


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