The subject of land law, method and concept

In the 21st century, social relations within the society reached the peak of their development. Practically in all spheres of life, people are successful today. Such a positive picture, according to many scientists, has emerged due to proper regulation of these very relations. However, it should be noted that this was not always the case. Remember even the gray Middle Ages, when people could not think of any progress. Key changes in the life of mankind occurred when it created the right.

Today, this category is the main regulator of social relations, but once used instead of violence and religion. Seeing that such methods do not bring the expected effect, the search for a different, more effective way of influencing public relations began. In this process, an important role was played by the legal practice of ancient and ancient Roman jurists who managed to competently develop some legal institutions that remain relevant to this day.

It should be noted that law in itself is only a huge array of legal norms. After his appearance, it became clear that such chaos would not be able to provide the proper level of regulation. Therefore, special industries were developed. One of them is land. In this article, and will be considered the concept, the subject, the method of land law.

General concepts of land law

Before considering the subject, method, system of land law in this article, it is necessary to understand what the industry in general represents. It should be noted that its positions have been formed for a fairly long period of time, as will be mentioned below. As for the present, land law in the Russian Federation is a completely independent industry. This made possible the isolation of its concept. According to him, land law is a set of legal norms that regulate social relations in the realm of real property rights and directly ownership of land. In other words, this industry is very similar to the civil one because of the nature of its institutions, because it has a similar legal regime for dealing with land, similar to civil law. The difference consists exclusively in the subject of such legal relations. In addition, the subject of regulation of land law affects relations in the sphere of activity of public authorities in the rational distribution of land plots, and so on.

Early stage of land law development in the territory of the Russian Federation

As we understand, initially the subject of land law, as in fact the industry itself, did not exist at all on the territory of Russia, and in other states too. But as people evolved, people began to observe that the nature of our country is many times better than in some other states. Thus, there was a need to protect the unique Russian fauna from any encroachment. This difficult task fully fell on the main regulator of public relations - the right. Thus, approximately from the XIX century, the slow appearance of the land industry begins. However, at the very beginning, land legislation was, in fact, part of the environmental. Of course, before the XIX century, there were already some legal norms that to some extent protected natural objects, but the process of their creation and implementation was mostly chaotic. But by the middle of the XIX century, land law acquires the features of a full-fledged independent industry.

Soviet and present periods of formation

With the establishment of Soviet power, the development of the land sector becomes even more rapid. After the revolution, the main task of the authorities was to win over the crisis that was in the state. The earth in this case acted as a priority direction, 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, Russia gradually receives market relations, which change the very essence of the process of land use. Up to now, this sphere of human activity has changed. To date, land law for the most part provides citizens with land for the realization of 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 one or another legal branch. 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 set of regulated relations is a structured system. This means that different norms are formed into separate groups. That's why the subject of land law is a mechanism from the relations of the security, user and providing character.

Land allocation relationships

As mentioned earlier, the subject of land law contains a set of relations that regulate 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 fully aimed at the transfer of land from state to private ownership or lease. 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 arises in the process of the transfer of land.

Usage relationships

The subject of land law is also the relations that arise in the process of direct use by citizens of the land. The use of land plots by legal or natural persons should be carried out in strictly prescribed by law. Otherwise, any negative actions can damage not only the subject of the industry, but also the ecology in general.

It should be noted that land plots can be used as a direct object of activity, and as a basis for erecting 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 a fairly expensive pleasure, because any construction work destroys the natural potential of land cover. Therefore, permits for any construction are given, as a rule, after recognition by experts of the unfitness of a particular area for production use.

Protective relations of the subject of land law

The subject and method of land law are categories that are mutually complementary. 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 plots 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 negative influence and a person who uses it for their own benefit.

It should be noted that protection relations are the most complex in the industry structure, since they have a complex character. Specificity is also reinforced by the fact that this type of relationship is regulated not only by the land, but also by the civil and administrative sectors.

Earlier we already noted that the subject and method of land law are mutually complementary concepts. Because the subject is a set of legal relations that cause the emergence of specific methods of regulation. In other words, without a subject, methods would not be needed, and vice versa. Therefore, the methodological base of land law also needs to be investigated.

Methodological basis of the industry

The specific subject of land law caused the emergence of the same methods that lay the whole array of methodological base. As we know, the 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 relations in the structure of land law are regulated in two main ways, namely: civil law and administrative. That is, the industry embodies the theory of the interaction of imperative command and dispositive permission for subjects to choose their own behavior.

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, relationships, methods and the like are built on certain principles. The land law reflects both the general legal principles enshrined in the Constitution of the Russian Federation, and specific, purely sectoral, namely:

1. Accounting for land as the basis of human activity and life.
2. The priority of land protection and relations arising on the basis of its use.
3. Priority protection and protection of human life, health from the negative impact of land and economic activities.
4. Participation of citizens of Russia in issues relating to the right to land.
5. The unity of the earth as an object and buildings on it.

The list is not strictly established. Theoretical comprehension of the branch allows scientists to find new initial positions 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 different scientists.

The system of land law

It should be remembered that the subject and 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 norms of law, institutions and sub-institutions. The concepts presented characterize the entire structure of land law. In this case, one should take into account that the legal norm is the smallest element of the industry. It contains single, specific rules that require implementation. In turn, institutions and sub-institutions are sets 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 have considered the concept, the subject, the method of land law. It should be noted that this branch still requires considerable theoretical developments, so that its provisions can be fully and effectively implemented.