scholarly journals On the Need to Improve the Legal Regulation of Agricultural Land Transfer

Legal Concept ◽  
2021 ◽  
pp. 166-173
Author(s):  
Andrey Sadkov ◽  
◽  
Natalia Baturina ◽  
Gennady Pechnikov ◽  
◽  
...  
Keyword(s):  
Public Relations ◽  
Agricultural Land ◽  
Comparative Law ◽  
Legal Regulation ◽  
Methodological Framework ◽  
Environmental Legislation ◽  
Main Criterion ◽  
Land Plot ◽  
Land Transfer ◽  
The Russian Federation

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.

scholarly journals CHOICE OF THE TYPE OF PERMITTED USE OF A LAND PLOT BY ITS RIGHT OWNER: PROBLEMS OF LEGAL REGULATION

2021 ◽  
Vol 31 (2) ◽  
pp. 251-256
Author(s):  
G.L. Zemlyakova
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Federal Legislation ◽  
Constitutional Court ◽  
Land Plot ◽  
The Russian Federation

The reason for writing this article was the Resolution of the Constitutional Court of the Russian Federation of October 16, 2020 No. 42-P, the adoption of which is due to the lack of proper legal regulation of the choice of the type of permitted use of a land plot by its rightholder. Federal legislation does not directly provide for the obligation of the rightholder of a land plot to choose the type of its permitted use, and there is no procedure for its implementation. Therefore, the coercion of the rightholder to conduct cadastral registration of a land plot in connection with the choice or change of its permitted use, and even more so bringing to responsibility for the use of the land plot not in accordance with its permitted use due to failure to fulfill such an obligation cannot be recognized as legal and justified. In this regard, the author made proposals for improving the legislation.

The current state and prospects of development of legal support of hydraulic land reclamation

2021 ◽  
Vol 12 (3) ◽  
Author(s):  
Deineha Maryna ◽  
Keyword(s):  
Public Relations ◽  
Agricultural Land ◽  
Land Reclamation ◽  
Effective Interaction ◽  
Weather Conditions ◽  
Legal Regulation ◽  
The State ◽  
Information Support ◽  
Current State ◽  
Adverse Weather

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

scholarly journals To the problem of legal regulation of agricultural land turnover in the Russian Federation

2020 ◽  
Vol 176 ◽  
pp. 06005
Author(s):  
Irina P. Chupina ◽  
Natalia N. Simachkova ◽  
Oksana S. Trotsenko
Keyword(s):  
Russian Federation ◽  
Agricultural Land ◽  
Life Support ◽  
Legal Regulation ◽  
Point Of View ◽  
Natural Fertility ◽  
Legal Regime ◽  
Land Relations ◽  
Legitimate Interests ◽  
The Russian Federation

The authors comprehensively investigated theoretical and practical problems of legal regulation of agricultural land turnover in the Russian Federation. They analyzed the jurisprudence in the field of agricultural land turnover, examined the legal regime of agricultural land in the Russian Federation, investigated the peculiarities of land plots turnover from agricultural lands, identified a number of significant problems in the legislation in the field of legal regulation of agricultural purposes land turnover. It is difficult to overestimate the importance of land, which is a nonrecoverable natural resource. From this point of view, agricultural land has a unique unrepeatable natural fertility capacity that determines the possibility of producing life support products, being an essential component of the environmental system. In the annual Address to the Federal Assembly of the President of Russia in 2019, V.V. Putin, specifying the main directions of strategic development of the country, noted the high importance of the land legislation development. The peculiarities of the agricultural land plots turnover are due to the public nature of land relations regulation. For this category of land, a special legal regime is established for food security purposes of Russia, which leads to the prevention of removing these lands from agricultural circulation, as well as building development. According to articles 9, 36 of the Constitution of the Russian Federation, “land and other natural resources are used and protected in the Russian Federation as the basis for the lives and activities of peoples living on the the relevant territory” and the exercise of authority by land owners is limited to conditions for potentially damaging the environment and violation of rights and legitimate interests of other persons.

scholarly journals Financially-legal regulation of basic public debt management in the conditions of coronavirus pandemic

2021 ◽  
pp. 71-81
Author(s):  
A. B. Byla
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Public Debt ◽  
Legal Regulation ◽  
Debt Management ◽  
Foreign Markets ◽  
Financial Activity ◽  
The Russian Federation ◽  
Public Debt Management ◽  
Definition Of

This article is devoted to the consideration of some issues related to the legal regulation of the main methods of public debt management in Russia in the context of the coronavirus pandemic. In the course of the study, the features of the external and internal debt of the Russian Federation are highlighted, various approaches to the definition of this category are considered, and some aspects of legal regulation in this area are analyzed. It is determined that the norms of financial law regulate a whole and diverse set of public relations related to the implementation of borrowing both in the domestic and foreign markets, and it is necessary to comprehensively regulate this institution. In conclusion, it is concluded that the coronavirus pandemic has greatly affected all aspects of financial activity, the state had to resort to additional borrowing on the domestic market to eliminate the consequences of the pandemic. Based on this, we need a well-thought-out strategy for the development of legislation in this area at all levels of the budget system of the Russian Federation. 

scholarly journals Operators of foreign payment systems and foreign providers of payment services as subjects of national payment system

2020 ◽  
pp. 14-24
Author(s):  
Aleksandr Aleksandrovich Sitnik
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Financial Services ◽  
Legal Regulation ◽  
Payment System ◽  
Electronic Payment ◽  
Payment Systems ◽  
Financial Transfers ◽  
The Russian Federation ◽  
Payment Services

This article is dedicated to study of peculiarities of legal regulation of the work of operators of foreign payment systems and foreign providers of payment services within the framework of national payment system of the Russian Federation. The object of this research is the public relations that emerge in the process of rendering payment services by foreign providers, their provision of electronic payment means for financial transfers on the territory of the Russian Federation, functionality of the operators of foreign payment systems, and supervision by the Bank of Russia. The subject of this research is the legislative norms on national payment system. The scientific novelty consists in the fact that based on the positions of the legislation on national payment system conclusions are made on peculiarities of carrying out supervision over the operators of foreign payment systems and foreign providers of payment services. This supervision is also indirectly carried out through Russian operators of financial transfers. In a case of failure by a foreign organization to meet the requirements established by the legislation on national payment system, the operators of financial transfers loses its right to take part in international payment systems and render financial services associated with transfer of funds using electronic payment methods rendered by foreign providers. The corresponding rules were set to ensure stability of national payment system, increase the quality of payment services, protect the rights and lawful interests of payment service consumers, and finally, ensure financial security of the Russian Federation.

scholarly journals Revisiting the notion of “sustainable tourism” for legal regulation purposes in Russian Federation and Republic of Belarus

2020 ◽  
Vol 208 ◽  
pp. 06004
Author(s):  
Vitali Maksimeniuk ◽  
Roza Timakova
Keyword(s):  
Public Relations ◽  
Social Development ◽  
Russian Federation ◽  
Sustainable Tourism ◽  
Legal Regulation ◽  
Sustainable Tourism Development ◽  
Contemporary Issue ◽  
The Russian Federation ◽  
The Republic ◽  
Definition Of

The article considers theoretical aspects of a most important contemporary issue, i.e. modern approaches to sustainable tourism. The study shows the main relationships of the phenomenon with sustainable economic and social development. The research results in identification of the essential characteristics (signs) of sustainable tourism, i.e. for the legal regulation purposes. The concept of “sustainable tourism” for deliberate influence of the state on public relations in tourism using special legal means and methods was defined. The conclusions may improve the current regulatory framework of the Russian Federation and the Republic of Belarus. Changes and additions to the national laws on tourism are suggested and justified. They relate to introduction of the definition of the concept of “sustainable tourism” and inclusion of the principle of sustainable tourism development.

scholarly journals Problems of Legal Regulation of Changes in the Types of Land Plot Permitted Use in the Conditions of Abolition of Land Division into Categories

2021 ◽  
Vol 1 ◽  
pp. 28-34
Author(s):  
Galina L. Zemlyakova ◽  
Keyword(s):  
Urban Planning ◽  
Direct Instruction ◽  
Russian Federation ◽  
Legal Regulation ◽  
The State ◽  
Current Version ◽  
Land Plot ◽  
The Russian Federation ◽  
The Government ◽  
Near Future

The article deals with the problems of the Institute of urban planning zoning, including those arising from changes in the types of permitted use of land plots in terms of the possible introduction of territorial zoning instead of dividing land into categories. Despite the fact that the bill on the abolition of land categories was never adopted by the State Duma, nevertheless, the President of the Russian Federation has repeatedly pointed out the need for such a law in his instructions to the Government of the Russian Federation. Due to the fact that according to the Constitution of the Russian Federation in the current version, the instructions of the President of the Russian Federation are a direct instruction to the Government of the Russian Federation, the author believes that in the near future the issue of the abolition of land categories will become relevant again. However, in order for such a law to be adopted and not cause a serious blow to the system of land turnover, the existing institution of urban zoning must be perfectly verified.

scholarly journals INSTITUTION OF PUBLIC LAND SERVITUDE IN THE CONTEXT OF THE THEORY OF REFLECTIVE ACTION OF LAW

2020 ◽  
pp. 208-212
Author(s):  
Artem Yu. Mokhov ◽  
Semyon P. Malyshkin
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
The State ◽  
Land Policy ◽  
Public Land ◽  
Land Plot ◽  
Land Relations ◽  
Private And Public ◽  
The Russian Federation ◽  
The Right

The main provisions of the theory of reflective action of law are considered in the article. The manifestation of law reflexes in modern legal regulation is analysed on the example of land relations. Land, as the basis of life and activity of peoples who live in the territory of the Russian Federation, acts not only as an economic good and a natural resource, but also as the object of a number of property and personal non-property relations connected with them. The institution of public land easement is considered by the authors to be a reflex of law, that is, the restriction of the subjective right of a particular owner of a land plot in the interests of society, the state. The issue of the limitation of the right of land private ownership is raised on the basis of an analysis of legislation and judicial practice. The problem of the limits of the action of public easements simultaneously aimed not only at the normal exercise of all property rights by the land plot owner, but also at preserving the favourable state of the environment, at ensuring the subjective rights of other participants in land legal relations, at the implementation of a single land policy of the state indicated in the context of the development of land legislation of the Russian Federation. The conclusion, that the use of the right reflex construction has a beneficial effect on strengthening legal certainty in the face of imbalances in private and public interests in land law, is made.

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