scholarly journals On the Land Law Subject

2020 ◽  
Vol 6 ◽  
pp. 9-14
Author(s):  
Natalya G. Narysheva ◽  
Keyword(s):  
Land Law ◽  

The article defines the concept of land relations, as well as their relationship with property and administrative relations.

2020 ◽  
Vol 11 (3) ◽  
Author(s):  
Yermolenko Iryna ◽  

The article is devoted to the land and legal creativity of a member of the Commission for the Study of Customary Law of Ukraine, established in 1921 at the All-Ukrainian Academy of Sciences, O.S. Dobrov, in particular the peculiarities of the introduction into the mechanism of legal regulation of the then land relations of local customs. As a positive point, the proposed expansion of the historical period of existence of domestic land law, starting from the XVI century. It is stated that modern Ukrainian representatives of legal science have overlooked this fact. A debatable point in the work of O.S. Dobrov is an insufficiently substantiated proposal to apply local customs in land law through the prism of their compliance with the principle of compliance with the Civil Code of compliance with the socio-economic purpose of any civil rights of citizens called to implement solely to develop productive forces. Attention is drawn to the insufficient elaboration of empirical material by the scientist, because the illogical substitution of the basic private law principle of formation of civil rights in order to satisfy private interests on the purely public law principle of achieving state interests ultimately leads to complete leveling of customary land law. Keywords: land law, local customs, customary land law norms, public interests, private interests


2020 ◽  
Author(s):  
Stanislav Lipski

The book investigates how post-Soviet Russia implemented and continues the process of transformation of legislation on land management and cadastral relations. To do this consistently analysed as formed the modern understanding of land management and cadastre in Russia, their relationship with each other, as well as the corresponding foreign experience; how has the positioning in the modern system of law governing their regulations; as for the last 25-30 years to develop land legislation and system of bodies of land management; as organized by the land management and cadastral activities; what are the legal issues peculiar to them now and how they are solved. Presented in the monograph the results reflect the tendencies and regularities in the sphere of legislative regulation of land relations and cadastre, explain the reasons which influenced the selection by the legislator of an option development of an appropriate legal framework. For students and teachers, and anyone interested in land law.


2020 ◽  
Vol 11 (4) ◽  
Author(s):  
Yermolenko Volodymyr ◽  

The article is devoted to the insufficiently studied in the theory of land law the issue of land division into categories, in particular the disclosure of the content of the concept of land category and its qualifications, which underlie such division, and which distinguish categories from each other. There is disagreement with the inconsistent and insufficiently substantiated proposals of some scientists to abandon the categories of land as a post-Soviet remnant of the application of the principle of land use for its intended purpose. It is stated that the refusal to divide land into categories at the current stage of development of land relations will require the simultaneous replacement of all land legislation. It is noted that the concept of "category" in various guises is used in more than four hundred laws of Ukraine. Lexical and legal interpretation of the concept of «category» made it possible to bring its features with their further differentiation into general and special. On the basis of a special feature of land properties (natural and social), a conclusion was made about the inconsistency of the category of lands of industry, transport, communications, energy and defence enshrined in the Land Code of Ukraine with the concept of land category. Keywords: category of lands, division of lands into categories, purpose of lands, signs of the category of lands, land legislation


2021 ◽  
Vol 20 (2) ◽  
Author(s):  
Alexey A. Demichev ◽  
Vera A. Iliukhina ◽  
Elena V. Safronova

The purpose of the article is to conduct a comparative analysis of the legal technique of enshrining the principle of land law in a number of post-Soviet states. The study sources are the Constitutions and Land Codes of the post-Soviet states enshrining the land law principles. The methodological basis of the study consists of the formal-legal analysis (interpretation method) of normative legal acts and the comparative-legal method. The authors consider the land law principles as the initial, basic normatively fixed ideas underlying the legal regulation of land relations. In Armenia, Belarus, Kazakhstan, Kyrgyzstan, Russia, Tajikistan, Uzbekistan, and Ukraine, the primary land law principles are enshrined in Constitutions and Land Codes. The minimum number of land law principles enshrined in the Land Codes of post-Soviet states ranges from five to twelve. Simultaneously, in the legislation of any state, there is no exhaustive list of land law principles.


2018 ◽  
Author(s):  
Елена Болтанова ◽  
Elena Boltanova

The textbook identifies the features of legal regulation of land relations, discusses the General provisions of land law, the legal regime of certain categories of land, provides a General description of the land legislation of foreign countries, analyzes the current land legislation of the Russian Federation and judicial practice. For students of higher educational institutions, students of undergraduate, specialty, master's, graduate and faculty of law schools and faculties, practicing lawyers, as well as all those interested in land law.


2020 ◽  
Vol 217 ◽  
pp. 10010
Author(s):  
Emma Shariapova ◽  
Marina Matveeva ◽  
Andrei Shuvaev

Efficient land use has always been the key direction of Russia’s national policy. Land is the main source of wealth for any country. The idea of efficient land use has been perceived differently depending on a country and historical period. The authors of this paper assume that there are some blank spaces in modern understanding of land use efficiency in Russia. Start, development and termination of land relations are often hampered by the lack of conceptual and categorical framework, which is supposed to be the basis of the land law theory. The present study focuses on searching for weak spots in the land law of the Russian Federation and possible reasons of land misuse. The authors suggest several solutions for advancing the national policy in land matters.


2021 ◽  
Vol 1 ◽  
pp. 8-13
Author(s):  
Eleonora A. Gryada ◽  

At the present stage of the land law development, issues concerning the type of legal regulation of land relations, the structure of its method, the ratio of the implemented methods of legal influence, despite their theoretical conservatism, are of particular importance and predetermine further trends in improving its standards. The article defines the peculiarities of the ratio of the main methods of legal influence (permissions and prohibitions) with a permissive type of regulation of land relations, as well as its influence on the process of internal differentiation of the land law standards. Special attention is paid to the analysis of the constitutional basis of the considered type of legal regulation and the peculiarities of the legislative objectification of prohibitions and permissions in regulatory legal acts that are the sources of the land law. We substantiate the conclusion that land legislation, as a form of objectification of permissions and prohibitions, at the present stage of its development is a system of regulatory legal acts of the transitional period, which requires the development of a conceptual framework based on a systematic approach to determining the content of land law institutions. It is proposed to consider a specific method of legal impact, implemented at various levels of standard regulation, as one of the criteria for segregation of a separate group of the land law standards into a legal institution.


Author(s):  
A. Berezna ◽  
R. Marusenko

The article is devoted to the analysis of the problems that have arisen as a result of improper legislative regulation of land relations in Ukraine in the process of land reform and amendments to land legislation, identification of shortcomings in legal norms that only hinder the development of land law, formulation of conclusions and proposals to eliminate shortcomings in the legislation.


1947 ◽  
Vol 16 (20) ◽  
pp. 238-239
Author(s):  
A. Arthur Schiller
Keyword(s):  

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