scholarly journals On the Consolidation in the Legislation of the Concept of Rational Use of Land

2018 ◽  
Vol 5 (3) ◽  
pp. 151-155
Author(s):  
S A Lipski

The article discusses how the definition of rational use of land is disclosed in the legislation, as well as how it corresponds to the more applicable at the moment the concept of improper use of land. This definition is important for land legislation and it was widely used in the Soviet period. But unambiguous def inition and at that time there was no.Conceptual-legally and comparative-legal methods are applied.Thus it is stated that as a result of changes of the land legislation of the last years the definitions in this area became worse that is fraught with negative consequences in law enforcement. In particular, gross violation of the rules of rational use of land plot entails a sanction in the form of the possibility of seizure of land plot from its owner. The author for the first time analyzes these issues in conditions of exclusion in 2016 from legislation the majority of the norms with mention of improper use of land. The author of article suggests either to return in the Land code the corresponding definition, or (which is better) to disclose the concept of rationality in the Federal Law «About Land Use Planning». According to this law, the maintenance of land use planning includes activities for the study of land, planning and organization of rational use of land and their protection. Therefore, the essence of rational and improper use of land must be defined in this Federal Law. Since its adoption in 2001, the Federal Law «About Land Use Planning» has acquired a reduced form. So geodetic and cartographic works, territorial land management is no longer in it. Land plots, zones with special conditions of use of territories and territorial zones already are no its objects. Therefore, a new version of this law is necessary.

2019 ◽  
pp. 656-670
Author(s):  
V. Savchak

Due to the lack of a proper conceptual and categorical apparatus, it is rather difficult to determine under what circumstances the owner / user of the land plot has the right to reparation and what is the actual damage. That is why, for a clear understanding of the tasks of land management expertise and the feasibility of a full, substantiated and objective study to calculate the amount of damage caused to land owners and land users, we consider it necessary to go further into the aspect of losses, for example, of damages caused by the restrictions on land use , and the order of their calculation. Using the example of restrictions on the use of land, the author came to the conclusion that grounds for imposing restrictions on the use of land, according to article 111 of the Land Code of Ukraine, do not cause a loss to the land owner/user in each case. We believe that the loss caused by restrictions on the use of land, are the lost, additionally spent or under-received property benefits (monetary assets), caused by the violation of the rights of the owner / user of a land plot after establishing the restrictions of a land use on a land plot. In itself, the restriction in the use of land does not give rise to the right to compensation for damages, however, it can adversely affect the property of the owner (worsen it, destroy it), and therefore occurs a damage. It was also determined that the fact of causing harm to the owner or user of the land plot, that is, the onset of negative consequences for him, is not always associated with unlawful behavior. And the right to compensation for damages the owner / user of the land will have, regardless of the fault of the subject who caused him damage. Legal relations arising in the land sphere allow special conditions for the compensation of losses to land owners / land users that arise: – under the circumstances of the occurrence of harm through the perfect wrongful act; – under the circumstances of the occurrence of harm through the perfect lawful act; – under the circumstances of the occurrence of damage caused by the violation of contractual obligations. Referring to the procedure for calculating the amount of damage, the author concludes that this is carried out in a general manner, in accordance with special regulations – National Standard №. 1 «General Basis for Assessing Property and Property Rights», approved by Resolution of the Cabinet of Ministers of Ukraine No. 1440 of 10.06.2003 and National Standard № 2 «Real Property Valuation», approved by the Resolution of the Cabinet of Ministers of Ukraine of 28.10.2004 №. 1442. Key words: forensic examination on questions of the use of land; land plot; losses inflicted to the land owners and land users; the restriction in the use of land; calculation of losses.


2019 ◽  
Vol 110 ◽  
pp. 02110
Author(s):  
Yulia Golyakova

Abstract. This paper discusses the features of such a unique land plot type as the unified land use. This type of a land plot appeared by virtue of the Russian Federal Law No. 28-FZ “On the State Land Cadastre” dated January 2, 2000. However, the current land legislation does not contain such a term. Currently, the unified land use cannot be formed, but previously registered land still exists in the state cadastre. In addition to a number of features in the land register procedure, the unified land use has no restrictions and freely participates in civilian circulation. Land plots that are the unified land use may be subject to all types of transformation specified in 11.9 of the Land Code of the Russian Federation, with the transformation into two types: the so-called ordinary plot and multi-contour land plot. It should also be noted that there is no term of multi-contour land plot in the land legislation. Some authors draw an analogy between the unified land use and a multi-contour land plot. However, there are a number of differences.


2020 ◽  
Vol 164 ◽  
pp. 07021 ◽  
Author(s):  
Olga Sorokina ◽  
Ilya Fomkin ◽  
Larisa Petrova ◽  
Elena Zatsepina ◽  
Ellina Mamedova

The intensification of the Russian economy determines the need for forecasting and planning agricultural production at the level of specific agricultural organizations and producers. In the context of an annually changing market, the most important factor in the innovative development of the agricultural sector is the system of land use planning measures. It creates the most favorable organizational and territorial prerequisites for agricultural production. The most optimal method of land use planning design is the multivariant method, which involves analyzing several options and selecting the best according to technical and economic indicators. It determines the need for improving the methodology for substantiating multivariate land use planning projects based on automated technologies. The above mentioned circumstances determined the goal of research, which is improving the Kolos software package. The approach involves clarifying the used regulatory and guidance information and updating the composition and relationships of software modules. An automated assessment of normative and actual indicators allows analyzing up to 10 options for organizing a crop rotation system and arranging their territory, choosing the optimal one and guaranteeing the rational use of each hectare of land that provides solutions to production, environmental and social problems. The considered software package ensures the high quality of land use planning decisions when planning and organizing the rational use of the country’s land resources. This allows reducing the cost of design and use planning work, increasing their reliability and accessibility for agricultural organizations in all regions of the Russian Federation.


Author(s):  
Sarimsakov Maksudkhon Musinovich ◽  
◽  
Kimsanov Ibrahim Khaitmuratovich ◽  
Umarova Zulaykho Tulkunovna ◽  
◽  
...  

As a result, existing water shortages in Uzbekistan eliminate the negative consequences arising, effective and rational use of water and land resources, the use of water-saving technologies in irrigation of crops helps to save water and other resources up to 35-50%. The development of horticulture and viticulture increases the efficiency of land use in mountain and foothill areas, at the same time satisfies the need for fruits and grapes of the local population, and also serves as the main foundation of the domestic market with cheap enrichment and quality products.


Sign in / Sign up

Export Citation Format

Share Document