In the XXI century, social relations within society have reached the peak of their development. In almost all areas of life, people are successful today. Such a positive picture, according to many scientists, appeared due to the proper regulation of these very relations. However, it is worth noting that this was not always the case. Recall at least the gray Middle Ages, when people could not even think of any progress. Key changes in the life of mankind occurred when it created the law.
Today this category is the main regulator of public relations, but once violence and religion were used instead. Seeing that such methods do not bring the expected effect, the search began for another, more effective way of influencing social relations. In this process, the legal practice of ancient and Roman jurists, who managed to competently develop some legal institutions that remain relevant to this day, played a large role.
It should be noted that law itself is only a huge array of legal norms. After its appearance, it became clear that such chaos would not be able to provide the proper level of regulation. Therefore, special industries have been developed. One of them is land. In this article, we will consider the concept, subject, method of land law.
General concepts of land law
Before we consider the subject, method, system of land law in this article, it is necessary to understand what this industry is all about. It should be noted the fact that its positions took a rather long period of time, which will be mentioned later. With regard to modernity, land law in the Russian Federation is a completely independent industry. This made it possible to highlight her concept. According to him, land law is a set of legal norms that govern social relations in the sphere of the exercise of property rights and directly the right of ownership of land. In other words, this industry is very similar to the civil one in the nature of its institutions, because it contains a legal regime for dealing with land similar to civil law. The difference lies solely in the subject of such legal relations. In addition, the subject of regulation of land law affects relations in the field of activity of public authorities on the rational distribution of land, etc.
An early stage in the development of land law in the Russian Federation
As we understand it, initially the subject of land law, as in fact the industry itself, did not exist at all in Russia, and in other states too. But as they developed, people began to observe that the nature of our country is many times better than in some other states. Thus, a need arose to protect the unique Russian fauna from any encroachment. This difficult task fully fell on the main regulator of public relations - law. Thus, around the 19th century, the slow emergence of the land industry began. However, at the very beginning, land legislation was, in fact, part of the environmental. Of course, until the 19th century, certain legal norms already existed that protected natural objects to one degree or another, but the process of their creation and implementation was mostly chaotic. But by the middle of the XIX century, land law was acquiring the features of a fully-fledged independent industry.
Soviet and present periods of formation
With the establishment of Soviet power, the development of the land industry became even faster. After the revolution, the main task of the authorities was to defeat the crisis that was in the state. Land in this case acted as a priority, because it was on its basis that it was possible to build the entire financial and economic policy of the new state.
After the collapse of the Soviet Union, market relations gradually penetrate into Russia , which change the very essence of the process of land use. Until now, this area of human activity has been modified. To date, land law for the most part provides citizens with land to fulfill their needs and commercial interests, although the subject of the industry has other features.
Subject of land law
First of all, it should be noted that the subject of any industry is that range of legal norms that are subject to legal regulation. In other words, the subject is a set of relations that, in essence, form a particular legal industry. Thus, the subject of land law is relations that are directly related to the protection, use and distribution of land in the state.
It should be noted that the totality of regulated relations is a structured system. This means that different norms are formed in separate groups. That is why the subject of land law is a mechanism from a relationship of security, user and providing nature.
Relations of the provision of land
As mentioned earlier, the subject of land law contains a set of relations that govern the activities in the provision of land. It should be noted that over the past twenty years, the land policy of the Russian Federation has been completely aimed at transferring land from state to private ownership or for rent. In this case, we are talking about the benefits primarily for the country, because it is interested in transferring land to citizens.
A clear example of the manifestation of this policy is the possibility of preferential redemption of land from the state. Thus, the subject of land law is the relationship that occurs in the process of transferring land.
Use Relations
The subject of land law is also the relationship that occurs in the process of direct use of land by citizens. The use of land by legal entities or individuals should be carried out within the framework strictly established by law. Otherwise, any negative actions can harm not only the subject of the industry, but also the environment as a whole.
It should be noted that land can be used both directly as an object of activity, and as a basis for the construction of buildings or buildings. In the first case, we are talking about agricultural land use. As a rule, people grow something on their plots.
It should be noted that the development of land is quite an expensive pleasure, because any construction work destroys the natural potential of the land cover. Therefore, permits for any buildings are given, as a rule, after experts have recognized the unsuitability of a particular territory for industrial use.
Protective relations of the subject of land law
The subject and method of land law are categories that complement each other. But their relationship is due to this type of legal relationship, as protective. The latter are part of the subject of land law. Direct protection of land is carried out from negative phenomena of both anthropogenic and natural character. The bottom line is that the earth is, first of all, a natural object that is subject to the corresponding deformation processes. In addition, the category presented in the article also acts as an object of active human economic activity. Therefore, land plots are subject to the negative influence of the person who uses it for his own benefit.
It should be noted that protective relations are the most complex in the structure of the industry, since they are complex. The specificity is also supported by the fact that this type of relationship is regulated not only by the land, but also by the civil and administrative sectors.
We have previously noted that the subject and method of land law are complementary concepts. Because the subject is a set of legal relations that determine the emergence of specific regulatory methods. In other words, without an object, methods would not be needed, and vice versa. Therefore, the methodological base of land law also needs to be investigated.
Methodological base of the industry
A specific subject of land law led to the appearance of the same methods that base the entire array of methodological base. As we know, a method is a certain set of methods and techniques by which direct regulation of the subject relations of the industry is carried out. In the Russian Federation, this kind of relationship in the structure of land law is regulated in two main ways, namely: civil law and administrative. That is, the theory of the interaction of imperative decree and discretionary permission for subjects to choose the type of their behavior is embodied in the industry.
Industry principles
Given the concept and subject of land law, we can conclude that the industry is completely independent. This means that absolutely all of its provisions, relations, methods and the like are built on certain principles. Land law reflects both general legal principles enshrined in the Constitution of the Russian Federation and specific, purely sectoral, namely:
- Considering the earth as the basis of human activity and life.
- Priority for land protection and relations arising from its use.
- Priority for the protection and protection of human life, health from the negative effects of land and economic activity.
- Participation of Russian citizens in matters relating to land rights.
- The unity of the earth as an object and buildings on it.
The presented list is not strictly established. A theoretical understanding of the industry allows scientists to find new starting points for its further development in the legal system of the Russian Federation. This fact can be clearly seen if we analyze the concept and subject of land law in the works of various scientists.
Land law system
It should be remembered that the subject and the system of land law are also inextricably linked with each other, because the system shows the internal organization of the industry. Therefore, thanks to the system, land relations are distributed according to the rules of law, institutions and subinstitutes. The concepts presented characterize the entire structure of land law. In this case, it should be borne in mind that the rule of law is the smallest element of the industry. It contains single, specific rules that require implementation. In turn, institutions and sub-institutions are aggregates of such norms. Therefore, the subject and system of land law are categories that simply need to be considered in relation to each other.
Conclusion
So, in this article we examined the concept, subject, method of land law. It should be noted that this industry still requires significant theoretical developments, so that its position is fully and effectively implemented.