History of Development of Legislation on Reclamation of Lands in Russia

10.12737/3469 ◽  
2014 ◽  
Vol 2 (5) ◽  
pp. 126-134
Author(s):  
Елена Пышьева ◽  
Elena Pysheva

The article highlights the milestones of formation of the Russian legislation in the field of land reclamation. It gives the author’s periodization of the development of reclamation legislation of postrevolutionary Russia, with allocation of her stages. Brief characteristics of each stage is illustrated with the most important legislative acts in the field of public relations. The author uses historical, abstract-logical, formal-legal and comparative-legal methods of scientific knowledge. The article notes that the main achievement of the post-revolutionary legislation is that land reclamation came to be seen not only in the regulation of land use (mainly agricultural land), but also within the legal institution of their protection. Special attention in the article is paid to the adoption of the Federal Law “On Land Reclamation” and its effect. This law laid the legal foundation for the development of the modern reclamation legislation. An analysis of legal acts and scientific literature was allowed to make a conclusion, that reclamation law in Russia for a long period of time was mostly fragmented. However, with the publication of a special Federal Law “On Land Reclamation” this fragmentation of the rules was overcome, but not completely. In addition, since 70s of XX century legal regulation of land reclamation was provided gradually by several branches of legislation (land and water).

2021 ◽  
Vol 12 (3) ◽  
Author(s):  
Deineha Maryna ◽  

The article is devoted to the analysis of the current state of the legislation of Ukraine in the field of hydraulic reclamation of lands, as well as to highlight the prospects for the development of legal support of the outlined sphere of public relations. It is established that hydraulic reclamation of lands contributes to increasing soil fertility, increasing productivity and sustainability of agriculture, creating a guaranteed food fund of the state. However, in recent years, the effectiveness of hydraulic land reclamation is declining, due to a number of reasons of objective and subjective nature: insufficient logistics and shortcomings in the operation of hydraulic structures, deterioration of ecological and reclamation of agricultural land, lack of interest and responsibility land users. These factors include incomplete use of scientific developments, insufficient information support, imperfect and outdated legal framework. Given the great importance of hydraulic land reclamation for the development of agriculture in the country, these relations require proper legal regulation. It is concluded that the problems of combating desertification, resource and food security of the state in years with adverse weather conditions, water supply of agriculture cannot be solved only by organizing land reclamation, because this problem is complex. In order to achieve the goals of the Irrigation and Drainage Strategy in Ukraine for the period up to 2030, it is necessary to ensure effective interaction of legal, organizational, economic and financial mechanisms of irrigation and drainage restoration in Ukraine within the framework of the identified priority areas. Keywords: land reclamation, hydraulic land reclamation, land irrigation, land drainage, agricultural lands


Author(s):  
S.Ya. Fursa ◽  
E.I. Fursa

The article reveals the essence of the science of executive process as one of the branches of general science of law, which is a theoretical views, opinions, ideas, theories, concepts, concepts in the field of executive procedural relations, based on Ukrainian legislation, international law, achievements other countries in this field, which studies the patterns of origin, history of development and functioning of enforcement proceedings and executive procedural legal relations, their essence, place in the legal system, the role of social functions and the principles of their regu-lation and analyzes them makes development forecasts and proposals for the implementation of scientific forecasts to the legislation on enforcement proceedings and examines the organizational issues of such activities. With regard to the procedural part, the following components should be distinguished in the theory of enforcement proceedings: 1. Enforcement acts as a basis for enforcement proceedings2. Subjects of enforcement proceedings, which in turn are divided into persons:– who enforce decisions;– participants in enforcement proceedings (parties to enforcement proceedings; other interested parties; representatives in enforcement proceedings);– involved in enforcement actions;– persons on the rights that may be affected by the ongoing enforcement proceedings3. General conditions for enforcement proceedings;4. General rules of enforcement proceedings;5. Special rules for enforcement proceedings.6. Transnational enforcement process.The subject and object of science are revealed. Significant attention is paid to the conceptual apparatus, in particular, such concepts as enforcement proceedings, enforcement proceedings, debtor, debt collector, voluntary, enforcement of decisions, etc. are formulated. The essence of the method of legal regulation of public relations in enforcement proceedings as a «method of sanctioned coercion» due to the specifics of the activities of executors in the enforcement of court decisions and decisions of other bodies (officials).


Author(s):  
Viktoriia Kuznetsova ◽  
Elena Kargovskaia

This article conducts the analysis of legal regulation of relations between the Kingdom of Spain and the Russian Federation with regards to adoption of Russian children by Spanish citizens. The authors examine the history of development of bilateral Russian-Spanish cooperation; legal normative base, and procedure for the adoption of Russian orphans in the Russian and Spanish legislation. Statistical data is provided on the trends in adoption of Russian orphans by citizens of the Kingdom of Spain. The article employs the following methods of scientific research: historical, comparative-legal, statistical, and systemic analysis. The relevance of the selected topic is substantiated by the fact the for many years Spain demonstrates consistent interest in this question, ranking second among other countries that adopt children from the Russian Federation. At the same time, the legal and bureaucratic framework for realization of Russian-Spanish cooperation in this field requires improvements. The authors conclude that although the number of adopted Russian orphans by Spanish citizens has dropped in recent years, it is necessary to continue cooperation in this field by improving the existing legislation.


2021 ◽  
Vol 62 (01) ◽  
pp. 168-171
Author(s):  
Natig Elmaddin Ibrahimov ◽  

The process of gaining the importance of commercially important information in civil circulation has come a long way. The protection and disclosure of commercial secrets, which are among the objects of intellectual property, are becoming increasingly important for the legislation of Azerbaijan. The historical development of commercial secrets in Azerbaijan is closely related to the legislation of the Russian Empire. This was due to historical events. The history of the development of commercial secrets in Azerbaijan can be divided into several stages. The first stage is the feudal period, state structure and legal regulation of this period. The second period covers the period from 1861 to 1917. The third period covers the period from 1917 to 1991. The fourth period covers the period after 1991, the "restoration of capitalism". Nowdays, the protection of commercial secrets comes to the fore in connection with the relevance of globalization, integration and dynamic development of information resources, as well as the emergence of new obstacles and difficulties in legal regulation. Key words: commercial secrets, intellectual property law, Azerbaijani legislation, civil law, Tsarist Russia (Russian Empire), USSR, Azerbaijan SSR


2016 ◽  
Vol 4 (1) ◽  
pp. 0-0
Author(s):  
Елена Абросимова ◽  
Elena Abrosimova

The modern history of the development of the legislation on non-profit organizations (NPO) has several historical stages from 1992—1996 when Russia recognized the fact of existence of this kind of legal entities. Active work on the formation of NPO legislation led to the delineation of legal entities for commercial and non-commercial and to adoption of Federal Law “On Non-Profit Organizations”. During the modern period of development of the legislation it is possible to declare confidently the need to create comprehensive concept of participation of legal entities established as an NPO in the realization of the economic potential of the country. The article deals with the legal regulation of nonprofit organizations involved in economic development in Russia. Taking into account the changing economic conditions periodization of work on the legislation on non-profit organizations is considered. In the article the role and importance of NPOs in Russia´s economic development are highlighted and the need to improve the legal regulation of these organizations, including the development of specific legislation on associations and unions is indicated. The necessity to recognize the Federal Law “On Non-Profit Organizations” invalid as fulfilled its social mission is proven.


2017 ◽  
Vol 5 (1) ◽  
pp. 1-8
Author(s):  
Вера Романова

The article analyzes the structure of the legal responsibility institute of the state. The article reveals the peculiarities of legal regulation of constitutional, civil and international legal responsibility of the state. The features of the subinstitute of constitutional responsibility of the State, which aims to ensure the inviolability of the principles of democracy and supremacy of the Constitution, as well as to protect the rights and freedoms of man and citizen are being shown. The author analyzed foreign experience of legal regulation of the legal responsibility of the state. The history of the formation and functioning of the procedure for impeachment of the Institute in the following countries: United States, United Kingdom, Denmark, Norway and the Federal Republic of Germany are expounded. Also considered are the basics of civil responsibility of the state. According to para. 2, Art. 8 of the Constitution of the Russian Federation in the Russian Federation it is recognized and protected equally private, state, municipal and other forms of property. Equal protection of all forms of property means, in particular, establishing the inadmissibility of any exception regarding the property responsibility for individual subjects, including the state. On this basis, we analyzed the concept of functional and absolute immunity of foreign states. The main provisions of both international law and the Federal Law of 11.03.2015, № 297-FZ "On the jurisdictional immunities of foreign States and property of a foreign state in the Russian Federation." are reviewed. The features of subinstitute of international legal responsibility of the state are investigated. It is generally known that one of the fundamental principles of contemporary international law is sovereignty. However, this principle does not indicate a lack of interaction and interdependence of the state, since no state can exist and develop in isolation from the world community. The article was supported by the Russian Foundation for Humanities, the project № 16-33-00017 «A comprehensive, interdisciplinary institute of legal responsibility: the concept, structure, relationships and place in the legal system".


Author(s):  
V.I. Antonov ◽  
E.V. Antonov

The article examines criminal law with administrative prejudice, as well as the history of the emergence and development of norms with administrative prejudice in the modern criminal legislation of Russia on various grounds. This topic is relevant today because the Russian legislator constantly includes new norms containing administrative prejudice in the criminal code of the Russian Federation. The problems of applying norms with administrative prejudice in practice are considered. It is noted that the criminal legislation in force in the XX century actively applied administrative prejudice as a method of legal regulation of public relations arising in the process of implementing the criminal policy of the Soviet state. The article analyzes the criminal legislation of Russia from the point of view of further development of criminal legislation in the direction of improving the institution of administrative prejudice and increasing the number of norms with administrative prejudice.


Legal Concept ◽  
2021 ◽  
pp. 166-173
Author(s):  
Andrey Sadkov ◽  
◽  
Natalia Baturina ◽  
Gennady Pechnikov ◽  
◽  
...  

Introduction: the paper deals with the problems of the legal regulation of agricultural land turnover, analyzes the procedure and the main legal conflicts that arise when allocating a share from a land plot classified as agricultural land. The purpose of the study is to find solutions aimed at improving the legal regulation of agricultural land turnover. Methods: the methodological framework for the study is a set of methods of scientific knowledge, among which the main ones are the methods of analysis, synthesis, generalization, and comparative law. Results: the authors’ position justified in the work is based on the current Russian legislation and the opinions of competent scientists on the issues of clarifying the specifics of agricultural land turnover. Conclusions: the authors concluded that as the main criterion for classifying a land plot as agricultural land, it is necessary to consider the presence of a fertile layer on a particular land plot suitable for growing crops. The paper substantiates the position that the norms of the Civil Code of the Russian Federation applied to public relations within the framework of agricultural land turnover should be applied exactly as long as they do not conflict with the requirements of the environmental legislation.


Author(s):  
Galina Leonidovna Zemlyakova

The subject of the research is the legal norms regulating the procedure for calculating the terms of non-use of agricultural lands, which allow state authorities to apply the procedure for their withdrawal from unscrupulous owners. In this regard, the author performs a retrospective analysis of the law regulating the turnover of agricultural land, taking into account all the changes and amendments, and identifies the shortcomings in the legal regulation of this sphere which prevent the involvement of land plots in agricultural turnover.The study is based on such general scientific methods as analysis, synthesis, generalization, comparison, as well as the following special scientific methods: historical-legal, formal-legal.The author concludes that repeatedly introduced amendments to article 6 of the Federal law of July 24, 2002 No. 101-FZ "on the turnover of agricultural land" have specified the rules governing the procedure for the withdrawal of unused land plots from owners. However, it has not solved the problem of non-use of land suitable for agricultural production.


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