scholarly journals Legal problems of the land code applying in Russian Federation

2020 ◽  
Vol 208 ◽  
pp. 06005
Author(s):  
Oksana Trotsenko ◽  
Irina Soshnikova ◽  
Yaroslav Semenov

The most important step at the present stage of land reform was the adoption of such basic legislative acts as the Land Code of Russian Federation, the Federal Law “On the Delimitation of State Ownership of Land”, the Federal Law “On the Turnover of Agricultural Land”, the Federal Law “On the transfer of land or land plots from one category to another”, as well as the adoption of other regulatory legal acts in compliance with the specified federal laws. This caused a consistent continuation of the land reform, but no radical shifts in its implementation took place, and, therefore, new amendments are required to the current legislation.

2019 ◽  
Vol 10 ◽  
pp. 69-74
Author(s):  
Alexandr Vlasov ◽  
Darya Vasilieva ◽  
Velta Parsova

As result of land reform in Russian Federation the public administration of agricultural land has been totally transformed. Land reform was carried out in order to solve problems in the sphere of agriculture, housing construction, ecology, creating a plurality of land ownership forms, introducing land use payments, etc. The decision to cancel monopoly of state ownership in land and to create institution of private property was made. The land redistribution projects for each farm were made, where stock of shares, stock of land redistribution and stock of land administered by previous soviet village councils was represented. The example of the Samara region was used to develop mechanisms for transfer of public land to private ownership. Currently, the situation with use of the land in many agricultural enterprises can be considered as unsatisfactory due to unsystematic economic activity - there are no or are not implemented scientifically based crop rotations, natural soil fertility is not taken into account, there is no modern cartographic material indicating the size of the fields, degree of slope and degree of erosion. Significant deterioration of the agro-ecological situation and the spread of negative processes on arable land require changes in national land policy and development of comprehensive measures to organize rational use of land. In the near future, a significant modernization of national and federal land legislation is planned, which will affect all subjects of the Russian Federation in terms of the management and use of agricultural land.


2020 ◽  
Vol 10 (1) ◽  
pp. 66-69
Author(s):  
Natalia Zhavoronkova ◽  
Vyacheslav Agafonov

The article is devoted to the study of modern theoretical and legal problems of ensuring biological security in the Arctic zone of the Russian Federation. The published Draft of Federal law No. 850485-7“On biological security of the Russian Federation”provides an opportunity to take a closer look at the problem of legal provision of biological security in relation to the most vulnerable ecosystems, and, first of all, the Arctic. The article considers the most important features and potential risks of the Arctic zone of the Russian Federation of critical importance from the point of view of biological hazards, the features (specificity) of biological safety problems from the point of view of organizational-legal features and, in particular, from the perspective of environmental law. It is proved that, given the special situation of the Arctic zone of the Russian Federation, in addition to the base Federal law“About biological safety” required a specific law on biological and ecological safety of the Arctic zone of the Russian Federation, which should be generated on a slightly different model than the draft Federal law «On biological safety”, to wear the most specific, applied nature.


1988 ◽  
Vol 27 (2) ◽  
pp. 217-218
Author(s):  
Luther Tweeten

The authors describe how Pakistan has grappled with land reform, surely one of the most intractable and divisive issues facing agriculture anywhere. The land-tenure system at independence in 1947 included a high degree of land ownership concentration, absentee landlordism, insecurity of tenant tenure, and excessive rent. Land reform since 1947 focused on imposition of ceilings on landholding, distribution of land to landless tenants and small owners, and readjustments of contracts to improve the position of the tenant. These reformist measures have removed some but by no means all of the undesirable characteristics of the system. The authors list as well as present a critique of the reports of five official committees and commissions on land reform. The reports highlight the conflicts and ideologies of the reformers. The predominant ideal of the land reformers is a system of peasant proprietorship although some reformers favoured other systems such as communal farming and state ownership of land, and still others favoured cash rents over share rents. More pragmatic reformers recognized that tenancy is likely to be with Pakistan for the foreseeable future and that the batai (sharecropping) arrangement is the most workable system. According to the editors, the batai system can work to the advantage of landlord and tenant if the ceilings on landholding can be sufficiently lowered (and enforced), the security of the tenant is ensured, and the tenant has recourse to the courts for adjudication of disputes with landlords. Many policy-makers in Pakistan have come to accept that position but intervention by the State to realize the ideal has been slow. The editors conclude that" ... the end result of these land reforms is that they have not succeeded in significantly changing the status quo in rural Pakistan" (p. 29).


Author(s):  
Tamara Smovzhenko ◽  
Oryslava Korkuna ◽  
Ivan Korkuna ◽  
Ulyana Khromyak

Nowadays, according to decentralization and current legislation (Land Code of Ukraine, Resolution of the Cabinet of Ministers of Ukraine and the Law of Ukraine «On Self-Governance»), the public lands have been transferred to the CTCs since 1 February 2018. In 2018/2019, 788 CTCs received communal ownership of 1.68 ha of public lands. According to the Draft Law «On Amendments to Several Legal Documents of Ukraine on Agricultural Lands Turnover», the consolidated territorial communities become the legal entities and can acquire property rights to agricultural land plots. Therefore, transferring the lands to be used by the newly created CTCs is currently an urgent issue that requires extended scientific and practical research. The paper aims to research the role of land reform in Ukraine and its impact on increase of CTCs’ budget revenues. The stages of land reform and the development of the land reform in Ukraine as well as its implementation strategy are outlined. The disparities of the integrated satellite map and the data of the Land Cadaster of Ukraine in terms of unregistered lands are defined. The amount of a CTC budget’s increased revenues due to the reform is estimated. Statistical data on small, medium, and large farmers and their interest in the land reform are analyzed. The terms of selling the land to foreign investors and conditions of participation in land auctions are examined. The mechanisms of land purchase, selling, and lease in line with the land reform are suggested. Generalizing the presented aspects of the land reform in Ukraine and their impact on economic activity of the newly created CTCs, it can be argued that the process is quite positive and necessary for both communities and businesses in order to get additional budget revenues for CTCs. The land reform improves the living standards of Ukrainian people through the disclosure of the country’s agricultural capacity.


Author(s):  
O. V. Morozov ◽  
M. A. Vasiliev ◽  
A. G. Biryukov

The Central Bank, the emission center, the reserve system, the federal treasury all these and other names are used to show the element of economy of a concrete state functioning, which controls money, i.e. estimates and administrates the money mass, buying capacity of residents in respect of goods, jobs and services, exerts influence on inflation processes and so on. The article provides results of researching the standing of normative and legal regulation, practice of using authority and responsibility, specific features of the Bank of Russia functioning as a relatively independent body of state governance and on this basis the articles studies the trends of improving management, norms of work development, procedures of working out and submitting to the State Duma of the Federal Assembly of the Russian Federation reports on federal laws bills, whose regulation is included in the competence of the Central Bank. Proposals dealing with amendments to the Federal law ‘About the Central Bank (the Bank of Russia)’ were formulated.


Author(s):  
Artem V. Rudenko ◽  

The relevance of the article stems from the adoption by the constituent entities of the Russian Federation of rules on administrative liability for failure to implement decisions of the anti-terrorist bodies of the constituent entities of the Russian Federation in situations of conflict with federal law regulations, caused by adoption of the Federal Law No. 82-FZ of 18 April 2018. This contradiction calls into question the conformity of the adopted norms of the laws on administrative liability of the constituent entities of the Russian Federation with the principle of legality, as one of the basic principles of the State’s legal system construction. The purpose of the article is to develop a position on legal conduct in a situation of con-flict with the legal norms of federal legislation in establishing administrative liability by the constituent entities of the Russian Federation. The possibility of establishing administrative liability at the level of the constituent entities of the Russian Federation is enshrined in the Constitution of the Russian Federation and the Code of Administrative Offences of the Russian Federation After the adoption of the Federal Law No 82-FZ of 18 April 2018 «On Amendments to the articles 5 and 5.1 of the Federal Law «On Counteracting Terrorism» legal conflict in the regulation of these powers has arisen. These changes affected not only the regulation of the above-mentioned powers of the constituent entities of the Russian Federation, but also the system of sources of administrative liability, since Code of Administrative Offences of the Russian Federation states: administrative liability source system refers only to the Code and the laws of the constituent entities of the Russian Federation. The article contains an analysis of possible interpretations of the provisions of federal laws on the powers of the constituent entities of the Russian Federation to establish adminis-trative liability for failure to implement decisions of the anti-terrorist bodies of the constituent entities of the Federation. Possible interpretations of the term «decisions of an anti-terrorist body» are analyzed from the point of view of the goals and tasks of formation of these bodies, their powers and organizational-steam form. The study concludes that it is necessary to comply with the provisions of the Code of Administrative Offences of the Russian Federation when determining responsibility for failure to implement decisions of the anti-terrorist bodies of the constituent entities of the Russian Federation. It is recommended that the legislatures of the constituent entities of the Russian Federation refrain from adopting such norms. It is recommended that the judicial authorities should take into account the provisions of the Decision of the Plenum of the Supreme Court of the Russian Federation of 24 March 2005 No 5 « On certain issues raised by the courts in the application of the Code of Administrative Offences of the Russian Federation».


2020 ◽  
Vol 15 (6) ◽  
pp. 43-54
Author(s):  
T. E. Rozhdestvenskaya ◽  
A. G. Guznov

The emergence and diffusion of digital assets, especially cryptocurrencies, necessitated their legal regulation. The paper investigates the main approaches to the legal regulation, which is already implemented in the Civil Code of the Russian Federation and other federal laws. Particular attention is paid to the novelties of the legal regulation that have been envisaged in the draft Federal Law “On Digital Financial Assets.” The draft Federal Law is being currently debated in the State Duma of the Russian Federation. The paper analyses in detail the concept of digital financial assets as a specific type of digital rights. The author also compares the concepts of uncertified securities and non-cash money. The author investigates the issues of digital financial assets issuance and peculiarities of their circulation. The paper substantiates the requirements applied to information systems and their operators included into the draft law in compliance with which the issue of digital financial assets is carried out.


2016 ◽  
Vol 5 (3) ◽  
pp. 26-31
Author(s):  
Лебедев ◽  
V. Lebedev

The article considers the stages of development of human resources policy, carried out the analysis of the amendments made to the Labour Code of the Russian Federation, of the professional standards; considers the main provisions of the federal laws “On the independent evaluation of the qualification”, “On Amendments to Part Two of the Tax Code of the Russian Federation in connection with adoption of the Federal Law” On the independent evaluation of the qualification”, “On Making Amendments to the Labor Code of Russian Federation in connection with adoption of the Federal law “On the independent evaluation of the qualification”, that shall enter into force on 1 January 2017. The author offers to specify the legislator proposed initiatives, in particular on the organizational and legal forms and requirements to the personal composition of the evaluation centers.


Author(s):  
Nikolai A. Sakharov

There is reviewed the Draft Bill, prepared by the Ministry of Culture of the Russian Federation, providing for introduction into the one of the basic Federal laws in the field of librarianship “On Legal Deposit Copy of Documents” the concept of “Electronic Copy of Printed Publications”, relating to the types of documents included into the Legal Deposit Copy. Special attention is paid to the proposal to significantly reduce the number of the hard copies of legal deposit publications to be sent to the largest libraries of the Russian Federation and other organizations.


2018 ◽  
pp. 146-154
Author(s):  
Aleksandr I. Kulinich ◽  
◽  
Evgeniy I. Sorogin ◽  

The authors study legal loop-holes in the archival legislation. As it is impossible to analyze the whole of archival legislation, including regional laws and regulations of all subjects of Russia, the article focuses on the Federal law. It draws on practices of the Archival Agency of the Kurgan Region and addresses practical concerns. It analyzes inconsistencies and legal loop-holes in implementation of following three laws: the Federal law of October 22, 2004 no. 125-FZ ‘On archiving in the Russian Federation,’ the Federal law of 26 December, 2008 no. 294-FZ ‘On protection of rights of legal persons and self-employed entrepreneurs in the exercise of state control (supervision) and municipal control,’ and the Federal law of April 5, 2013 no. 44-FZ ‘On contract systems in the sphere of procurement of goods, works and services for provisioning governmental and municipal needs.’ The study has identified the following legal loop-holes and inconsistencies: (1) There is a legal loop-hole in implementation of the control function. No clear demarcation of jurisdictions of the Russian Federation and those of the subjects of the Russian Federation is provided in Federal laws no. 294-FZ and no. 125-FZ; (2) There is a contradiction between Federal laws no. 125-FZ and no. 44-FZ. In case of winding-up of a state procurement agency and transferring its powers to a government agency, documents on primary activity are to be filed in a state archive and also to remain in the new government agency; (3) Lack of uniform and federally approved methodology for division of ownership of archival documents between municipalities and subjects of the Russian Federation result in similar documents falling under different forms of ownership in different regions; (4) Lack of regulatory framework in acquisition and transfer of e-documents to state archives hinders introduction of a full-featured e-document interchange between state authorities. The authors contend that these legal loop-holes and inconsistencies should be corrected.


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