The concept of the source of law arose more than two thousand years ago. The term "source of law" is used as a form of expression of law. AT various occasions Law knows the following sources: legal custom, judicial precedent, religious monument, legal act, legal agreement, legal doctrine, etc. legal act.

Normative legal acts distinguish:

On the territory of action - on the territory of the Russian Federation, the subject of the Russian Federation, the municipality.

· by the time of action: the norms of land law do not have retroactive effect.

By circle of persons: general regulatory legal acts (for example, citizens of the Russian Federation have the right to receive a land plot) and special (for example, depending on the availability of additional rights, the availability of any benefits, professional knowledge (peasant farming).

In this way, source of land law – a document established in a form issued by an authorized state body, containing land-legal norms, in force in a certain territory, at a certain time and among a certain circle of people, and also being an element of the land legislation system.

The source system is a hierarchy of its constituent elements located in a certain subordination. In this regard, the following levels are distinguished:

1. International legal treaties, which regulate various areas of land- legal relations. These include the agreement of the Russian Federation and China "On the Russian-Chinese border in its western part" in 1994, 1996 - the agreement of the Russian Federation and China "On the nature reserve of Lake Khanka, which is being created in the border regions of Russia and China." One part of the reserve is located in Primorsky Krai. Convention on Wetlands of Important International Importance 1971

2. Constitution of the Russian Federation. Many of the general norms contained in the Constitution have a land-legal orientation. Art. 9, 35 (property rights are protected by law), Art. 72 of the Constitution of the Russian Federation on the delimitation of subjects of jurisdiction, art. 42 on obtaining reliable information, including on the composition of land, art. 58- careful attitude to nature, the obligation to preserve and rationally use natural resources.

3. Federal constitutional laws

FKZ 2001 "On the procedure for admission to the Russian Federation and the formation of a new subject of the Russian Federation in its composition"

FKZ "On the Constitutional Court of the Russian Federation"

FKZ "On Arbitration Courts of the Russian Federation"

4. Federal laws adopted by the Federal Assembly

In accordance with Art. 76 of the Constitution of the Russian Federation, the hierarchy of acts within one type is not allowed. Thus, no federal law has greater legal force in relation to another federal law.

The RF LC was adopted on October 25, 2001. The LC in its structure includes 108 articles and 18 chapters. Among the sources of ZK occupies a central place. The Land Code consolidated the system of legal norms governing land ownership relations in the context of the development of market relations in Russia. He also delimited the ownership of federal property, subjects of the Russian Federation, municipalities.

Articles of the Land Code provide for a comprehensive analysis of the implementation of the rights of private owners, both guarantees and a protection mechanism are fixed, the mechanism for judicial protection of land owners in the event of land seizure for state and municipal needs is strengthened, an article on the reservation of land plots for state and municipal needs is introduced, norms are specified and developed on the right of permanent (unlimited) use, lifetime inheritable possession, easement, lease of a land plot. For the first time, the conditions for establishing public easements were fixed; for the first time, territorial zoning of the territory was introduced.

Federal Law No. 122-FZ "On state registration of rights to movable and immovable property"

Federal Law "On the limits of the rights of small peoples"

NK, GK, FZ No. 73-FZ “On objects cultural heritage”, No. 112-FZ “On personal subsidiary plots”, Town Planning Code, Federal Law No. 74-FZ “On peasant farming”.

5. Decrees of the President of the Russian Federation

6. Decrees and orders of the Government of the Russian Federation

7. Acts of ministries and departments

Acts of the Ministry of Agriculture, Ministry economic development RF.

8. Normative legal acts of local governments(rules of land use and development of Kazan)

9. Guiding Decrees of the Plenum of the Supreme Court and decisions of the Supreme Arbitration Court

Decree of the Plenum of the Supreme Court of 1999 #6

10. Ancillary regulations

These include GOSTs, SNiPs, standards. Recently, the sources of land law began to include general principles laws, statutory treaties, agreements, certain legally binding customs. Contracts as sources for the establishment of easements. Customs include sub. 7 p. 3 art. 33 LC, art. 13 of the Federal Law "On the turnover of agricultural land". Federal Law "On land management" (on the construction of fences around the perimeter of plots). April 30, 1999 "On Guarantees of the Rights of the Indigenous Peoples of Russia". Art. 35 ZK "On the division of land".

The concept of "sources of land law". Law as a social phenomenon has arisen, developed and continues to evolve on the basis of various sources. “Source of law” is a figurative expression that has several meanings: the source of legal norms, i.e. the content of law; material, economic, social conditions existing in society, special historical conditions for the development of society, associated with its morality and religion, which determine the content of the law governing social relations; methods of creating law; hierarchy of legal norms; the legal force of the legal norm; a way of expressing the content of the relevant legal norm, i.e., the form of expression of law. In the theory of law legal sources, or forms of law, are understood as official forms of expression, consolidation, change and cancellation of existing legal norms. It is in this aspect that the sources of land law, which are discussed in this chapter, are considered.

Different legal systems apply different types of sources positive law: custom (customary law), judicial precedent, legal doctrine expressed in the works of lawyers), religious norms (Islamic, Talmudic, Hindu law, etc.), normative legal act. For example, the sources of modern English common law are: the law of the European Union, common law (judicial precedents), customs, statutes (laws) and their interpretation, international treaties and doctrinal legal works.

Russia is a country of the legal system of European continental law. The main feature of the national legal systems of the countries of European continental law is the presence of codified legal acts. The main sources of law are the law and other normative legal acts. Based on the generally accepted ideas that have developed in the Russian legal system, the sources of land law are normative legal acts, normative legal treaties and international treaties, regulating land relations. Customs and judicial precedents are not sources of law.

Normative legal act. All legal acts that are issued in Russian Federation, are divided into two main groups: normative legal acts and individual legal acts.

The sources of land law are normative legal acts, which establish, change or cancel land legal norms - legally binding models of behavior of participants in land relations. Regulatory legal acts must meet the characteristics objectively inherent in the source of law. They must, firstly, be carriers of state power, and secondly, they must have a normative character, that is, they must be designed for repeated use, and thirdly, they must be addressed to an indefinite circle of subjects. Finally, such acts must be binding on all subjects.

In the resolution of the State Duma of November 11, 1996 No. 781-II GD "On the appeal to the Constitutional Court of the Russian Federation" and in the order of the Ministry of Justice of the Russian Federation of May 4, 2007 No. 88 "On approval of the Clarifications on the application of the Rules for the preparation of regulatory legal acts of federal bodies of executive power and their state registration” 1 defines a normative legal act as a written official document adopted (issued) in a certain form by a law-making body within its competence and aimed at establishing, changing or repealing legal norms.

In turn, under legal norm It is customary to understand a generally binding state prescription of a permanent or temporary nature, designed for repeated use.

Paragraph 9 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated November 29, 2007 No. 48 “On the practice of consideration by courts of cases on contesting normative legal acts in whole or in part” states the following. The essential features that characterize a normative legal act are: its publication in the prescribed manner by an authorized state authority, local government or official; the presence in it of legal norms (rules of conduct) binding on an indefinite circle of persons, designed for repeated application, aimed at regulating social relations or at changing or terminating existing legal relations.

Individual legal acts in contrast to the regulations law enforcement nature. According to their legal content, these are administrative legal acts. They contain a specific legally imperious will of the subjects of power. The individual nature of these acts is manifested in the fact that, firstly, with their help, specific cases or issues are resolved; secondly, they are personified, i.e. they are legal facts, the grounds for the emergence of specific legal relations. These acts establish, change or cancel the rights and obligations of specific persons. An individual legal act adopted by a state body or local self-government body is a source of rights and obligations for the persons specified in the act. Such acts are decisions on awarding, appointment to a position, etc. In land legislation, these are acts on the provision of a land plot, on withdrawal, on reserving a land plot, etc.

Usually, legal regulations and individual legal acts have different legal form. For example, according to Art. 23 of the Federal Constitutional Law of December 17, 1997 No. 2-FKZ "On the Government of the Russian Federation" 1 The Government of the Russian Federation issues resolutions and orders. Acts of a normative nature are issued in the form of resolutions of the Government of the Russian Federation. Acts on operational and other current issues that do not have a regulatory nature are issued in the form of orders of the Government of the Russian Federation. Decrees and orders of the Government of the Russian Federation are obligatory for execution in the Russian Federation.

Normative legal acts of public authorities are divided vertically into normative legal acts of federal state authorities, constituent entities of the Russian Federation and local governments. Horizontally, these regulatory legal acts are classified into laws and other regulatory legal acts(regulations).

The following types of sources of land law are distinguished: the Constitution of the Russian Federation; international treaties of the Russian Federation; federal laws, the main purpose of which is the regulation of land relations (conditionally, such legislative acts are called special); federal laws regulating relations in the field of nature management and environmental protection; other federal laws.

Regulatory decrees of the President of the Russian Federation can also be sources of land law. In addition, regulatory legal acts of federal executive bodies, laws and other regulatory legal acts of the constituent entities of the Russian Federation, and regulatory legal acts of local governments serve as such sources.

The legal force of all laws and other normative legal acts is determined depending on the competence of the state authority that issued them and the role of the normative legal act in the system of legislation.

Normative legal contract. According to part 3 of Art. 11 of the Constitution of the Russian Federation, the delimitation of subjects of jurisdiction and powers between the state authorities of the Russian Federation and the state authorities of the subjects of the Russian Federation is carried out by the Constitution of the Russian Federation, federal and other agreements on the delimitation of subjects of jurisdiction and powers. Normative legal agreements were concluded by the state authorities of the Russian Federation with the constituent entities of the Russian Federation. The Federal Treaty, signed on March 31, 1992 by the Russian Federation and the subjects of the Russian Federation, continues to be valid in our time. One of its goals was to delimit the subjects of jurisdiction between the federal state authorities and the state authorities of the constituent entities of the Russian Federation. The federal treaty referred the regulation of issues nature management, environmental protection, land legislation to the subject of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation.

At present, the practice of concluding agreements on the delimitation of subjects of jurisdiction and powers between the state authorities of the Russian Federation and the state authorities of the constituent entities of the Russian Federation is practically absent. Perhaps the only example of such agreements is the Agreement on the delimitation of jurisdiction and powers between the state authorities of the Russian Federation and the state authorities of the Republic of Tatarstan, signed on June 26, 2007. 1

International treaty of the Russian Federation as a source of land law. According to the Constitution of the Russian Federation, generally recognized principles and norms international law and international treaties of the Russian Federation are an integral part of the national legal system. The principle of priority of norms of international law over national law has been enshrined (Part 4, Article 15). This principle is also confirmed in the land legislation of our country. In Art. 4 of the Civil Code of the Russian Federation provides that if an international treaty of the Russian Federation, ratified in the prescribed manner, provides for rules other than the Civil Code of the Russian Federation, the rules of the international treaty shall apply. The procedure for concluding, fulfilling and terminating international treaties is regulated by the Federal Law of July 15, 1995 No. 101-FZ "On International Treaties of the Russian Federation".

Custom. In the domestic theory of law, it is customary to distinguish between the concepts of "custom" and "legal custom".

It's believed that custom becomes a legal custom when the legislation contains a reference to it and thereby the state gives it legal binding force. His distinguishing feature consists in the fact that the state authorizes it and it acquires the features of a legal norm. Legal force is attached to the custom either by direct indication of it in the law or by its approval by the court.

An example legal custom the legal norm of paragraph 1 of Art. 19 of the Civil Code of the Russian Federation, according to which a citizen acquires and exercises rights and obligations under his own name, including the surname and first name, as well as patronymic, unless otherwise follows from the law or national custom.

If a rule of conduct, which is a custom, is included in the text of the law, this is not a legal custom, but a legal norm contained in a normative legal act. For example, in accordance with paragraph 1 of Art. 11 of the Tax Code of the Russian Federation, citizens have the right to freely and free of charge stay in the forests and for their own needs to harvest and collect wild fruits, berries, nuts, mushrooms, other forest resources suitable for human consumption (food forest resources), as well as non-timber forest resources. In this case, the ancient custom became the legal norm. A somewhat similar provision is found in Art. 221 of the Civil Code of the Russian Federation, dedicated to the transfer of ownership of things publicly available for collection.

The legislation does not use the term "legal custom", there is also no clear and understandable definition of the concept of "custom", criteria and conditions for its use. In Art. 5 of the Civil Code of the Russian Federation states that a custom is a rule of conduct that has developed and is widely used in any area of ​​business or other activities, not provided for by law, regardless of whether it is recorded in any document. Customs that are contrary to the provisions of the law or the contract binding on the participants in the relevant relationship shall not be applied.

Earlier in Art. 5 of the Civil Code of the Russian Federation used the concept of "customs of business", which is now replaced by the concept of "customs". The scope of customs has been expanded: now these are areas not only of entrepreneurial, but also of other activities. What kind of "other activity" in question is not indicated in the Civil Code of the Russian Federation.

Different laws use terms relating to the types of customs: "local custom", "customs of the seaport", "international maritime customs", "customs recognized in the Russian Federation", "commercial customs". What is the essence of these customs, these laws do not explain.

Do customs have any significance for the regulation of land relations? Are they sources of land law? They mean first of all local customs and customs of indigenous peoples. So, according to sub. 7 p. 3 art. 23 of the Land Code of the Russian Federation, public easements for haymaking, grazing of farm animals in the prescribed manner on land plots can be established within the time period, the duration of which corresponds to local conditions and customs.

Federal Law No. 49-FZ of May 7, 2001 “On the Territories of Traditional Nature Management of the Indigenous Minorities of the North, Siberia and Far East Russian Federation" 1 in Art. 1 contains the definition of the concept of "customs": these are traditionally established and widely used by the indigenous peoples of the North, Siberia and the Far East of the Russian Federation, the rules for conducting traditional nature management and the traditional way of life. In Art. 2 of this Law states that the legal regulation of relations in the field of education, protection and use of territories of traditional nature management can be carried out by the customs of small peoples, if such customs do not contradict the legislation of the Russian Federation, the legislation of the constituent entities of the Russian Federation. The use of natural resources located in these territories is carried out in accordance with the legislation of the Russian Federation, as well as with the customs of small peoples (Article 13 of the said Law).

Paragraph 2 of Art. 4 of the Federal Law of July 20, 2000 No. 104-FZ “On the General Principles for Organizing Communities of Indigenous Peoples of the North, Siberia and the Far East of the Russian Federation” states that decisions on the internal organization of a community of small peoples and the relationship between its members can be made at the basis of the traditions and customs of small peoples that do not contradict federal legislation and the legislation of the constituent entities of the Russian Federation and do not harm the interests of other ethnic groups and citizens.

According to paragraph 2 of Art. 1 of the Federal Law of April 30, 1999 No. 82-FZ “On guarantees of the rights of indigenous peoples of the Russian Federation”, the traditional way of life of small peoples is a historically established way of life support for small peoples, based on the historical experience of their ancestors in the field of nature management, a distinctive social organization residence, original culture, preservation of customs and beliefs.

Article 14 of this Law indicates that when considering cases in courts in which persons belonging to small peoples act as plaintiffs, defendants, victims or accused, traditions and customs of these peoples that do not contradict federal laws and laws of subjects RF.

Based on this, it can be assumed that the custom is considered as a source of land law, but such a conclusion will not be substantiated. So, in Art. 13 of the Arbitration Procedure Code of the Russian Federation, dedicated to the regulatory legal acts used in the consideration of cases, only the types of regulatory legal acts that are subject to application are indicated. In addition, arbitration courts, in cases provided for by federal law, apply business practices. There is a similar provision in Art. 11 of the Civil Procedure Code of the Russian Federation, which stipulates that the court resolves civil cases on the basis of business customs, in cases provided for by regulatory legal acts. The same rule is contained in paragraph 3 of Art. 6 of the Federal Law of July 24, 2002 No. 102-FZ "On Arbitration Courts in the Russian Federation" 1 . Paragraph 3 of Art. 28 of the Law of the Russian Federation of July 7, 1993 No. 5338-1 "On International Commercial Arbitration" on the rules applicable to the merits of the dispute, provides for the consideration of trade customs.

These legal norms determine the range of sources of law on the basis of which litigation disputes should be resolved. These include regulatory legal acts and business practices. Customs are not included. The question of how the courts should resolve disputes related to the possibility of applying local customs and customs of indigenous peoples is not decided by the legislation. Therefore, custom cannot be a source of land law.

Meanwhile, this problem was reflected in the law of a series foreign countries. In order for a custom to create legally recognizable rights, it must meet certain criteria. For example, English common law stipulates that a custom must have existed from "time immemorial", that is, "at least since 1189", and people living today cannot determine when the custom originated in the past. A legally recognized custom cannot be contrary to the fundamental principles of good and evil, so customary law associated with the commission of, for example, a crime will never be recognized. The custom must be definite and clear. The area where it operates, the circle of people to whom it applies, and the scope of their rights must be determined. It is required that the custom exists permanently. However, the rights that custom gives do not necessarily have to be exercised permanently, since 1189 it should only be possible to update these rights at any time from now on. Customs cannot create legally significant rights if they are carried out only with the permission of someone. It is necessary that the custom be consistent with other local customs. A custom that is contrary to law cannot be recognized as a source of law.

Arbitrage practice. Judicial practice plays an important role in the application of land legislation. There is a discussion about the role of judicial practice and the importance of judicial precedent in the Russian legal system.

The essence of the judicial precedent is as follows. If the court has previously decided how the law applies to a certain set of facts, similar facts in later judgments should be treated in the same way on the basis of the principle of “stare decisis”, which in Latin means “to stand on the decision”. The judgment must be based on past case-law decisions of the relevant courts. If a similar dispute has been resolved in the past, the court is bound to follow the reasoning behind the earlier decision.

The traditional Russian legal doctrine does not recognize a court decision as a source of law; there is no room for judicial precedent in it, although recently attempts have been made to recognize court decisions, primarily decisions of the Constitutional Court of the Russian Federation, as sources of law, which seems unreasonable 1 .

Courts, applying land legislation, ensure the protection of the rights and legitimate interests of individuals and legal entities to the ground. The law enforcement function is carried out by the courts in the process of considering disputes of interested parties. The common approaches, principles, and uniform forms of dispute resolution that are being developed are the practice of the judiciary.

Examples are the resolutions of the Plenum of the Supreme Arbitration Court RF dated March 24, 2005 No. 11 “On some issues related to the application of land legislation” and dated July 23, 2009 No. 54 “On some issues that arose with arbitration courts when considering cases related to the collection of land tax” 1 .

When applying the land legislation by the courts, one should take into account the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated February 27, 2001 No. 61 “Overview of the practice of applying land legislation by arbitration courts”.

Great importance to improve the practice of applying land legislation in terms of land protection, it has a resolution of the Plenum of the Supreme Court of the Russian Federation dated November 18, 2012 No. 21 “On the application by courts of legislation on liability for violations in the field of environmental protection and nature management” . With sufficient distribution, judicial practice is the basis for its generalization and publication of the relevant legal norm, filling the gap in the legislation.

The development of land legislation is influenced by the decisions of the Constitutional Court of the Russian Federation. So, in the resolution dated January 9, 1998 No. 1-P “On the case of checking the constitutionality of the Forest Code of the Russian Federation”, the issue of federal ownership of the forest fund and the lands of this fund was resolved. On October 8, 1997, Resolution No. 13-P “On the case of checking the constitutionality of the Law of St. Petersburg of July 14, 1995 “On land tax rates in St. Petersburg in 1995” was adopted. Decree No. 16-P of December 13, 2001 “On the case of checking the constitutionality of part two of Article 16 of the Law of the City of Moscow “On the basics of paid land use in the city of Moscow” in connection with the complaint of citizen T.V. Blizinskaya” some norms of the Law were recognized as unconstitutional of Moscow dated July 16, 1997 No. 34 “On the basics of paid land use in the city of Moscow” (now no longer valid).

The sources of land law are normative legal acts adopted by the competent state authorities and local self-government bodies that regulate relations arising from the use of land. In the legal literature, the sources of land law are classified into: federal acts of the Russian Federation; acts of subjects of the Russian Federation; acts of local governments, as well as laws and by-laws. The main normative act that defines the constitutional foundations of land relations is the Constitution of the Russian Federation, in which two groups of norms are distinguished: 1) norms that directly regulate land relations (Articles 9, 36 of the Constitution of the Russian Federation); 2) other articles of the Constitution of the Russian Federation indirectly regulate land relations (Articles 42, 58, 2, 17, 18.45).

Sources of land law is a set of normative legal acts containing norms governing land social relations. Normative legal acts are not uniform in their form and content. They can act in the form of laws, decrees of the President of the Russian Federation, resolutions, regulations, rules, instructions, decisions, orders, charters, contracts (agreements), etc.

According to their legal force, the sources of land law are divided into laws and by-laws.

Laws, in turn, are divided into:

Federal constitutional laws that have the highest legal force and are adopted by the State Duma and the Federation Council in a special order (two-thirds of the votes of the deputies of the State Duma and three-quarters of the votes of the members of the Federation Council, respectively). Federal constitutional laws should not be limited only by the Constitution of the Russian Federation or the constitutions of the republics that are part of the Russian Federation. These include, for example, the Federal Constitutional Law of December 17, 1997 No. "On the Government of the Russian Federation";

federal laws. An example is the Law of the RSFSR "On payment for land" of 1991, the Law of the Russian Federation "on specially protected natural areas" of 1995, the Law of the Russian Federation "On the turnover of agricultural land" of 2002. The most common forms of by-laws are decrees of the Government of the Russian Federation and the provisions or rules approved by them.

According to the direction and content of regulated public relations, the sources of land law are divided into:

1) general sources (for example, the Constitution of the Russian Federation, the Law of the Russian Federation "On Local Self-Government" of 1991, the Federal Law "On the General Principles of Local Self-Government in the Russian Federation" of 1995, the Federal Law "On the General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power subjects of the Russian Federation" 1999). These laws define the principles of protection and rational use of land and the organization of land management;

2) special sources of land law. They are intended primarily to regulate social relations over land. These include, in particular, the Land Code of the Russian Federation of 2001, the Law of the Russian Federation "On payment for land" of 1991, the Law of the Russian Federation "On land reclamation" of 1996, the Federal Law "On the state land cadastre" of 2000, the Federal Law "On land management" 2001 and many others.

Normative acts on land law are divided into federal, subjects of the federation, acts of local self-government bodies.

An important role in the regulation of land relations is played by intersectoral sources of land law: the Federal Law of the Russian Federation "On Environmental Protection" 2002, the Water Code of the Russian Federation of 1995, the Forest Code of the Russian Federation of 1997, the Criminal Code of the Russian Federation of 1996, the Code of the Russian Federation on Administrative Offenses 2001, Labor Code of the Russian Federation 2002

The system of sources of land law is formed by:

the Constitution of the Russian Federation;

federal treaties;

international treaties of the Russian Federation, generally recognized principles of international law;

laws (constitutional and federal);

decrees and orders of the President of the Russian Federation;

resolutions and orders of the Government of the Russian Federation;

constitutions, charters, laws, other normative legal acts of the subjects of the Russian Federation;

normative legal acts of ministries and departments;

normative legal acts of local self-government bodies;

corporate (local) regulatory legal acts;

legal custom.

FZ (ZK, VK, LK), also the Code of Administrative Offenses, the Criminal Code.

The codified normative act regulating land relations is the Land Code of the Russian Federation. At the end of October 2001, the Land Code of the Russian Federation was adopted and entered into force.

On July 24, 2002, the Federal Law "On the turnover of agricultural land" was adopted, which is designed to ensure the implementation of constitutional norms on private ownership of land, as well as streamline relations in the field of government controlled land resources in terms of the disposal of lands of priority categories, which are agricultural lands. Property relations arising from the use of land are regulated by the norms of civil law acts (the Civil Code of the Russian Federation). In ch. 17 of the Civil Code of the Russian Federation proposes norms that directly regulate land relations. The land and objects firmly connected with it are declared immovable property.

Regulations (Decrees of the President, Acts of the Government).

Should not contradict the Law and the Federal Law. "On Approval of the List of Border Territories". If the norms, sod-Xia, violate the rights of citizens, then they can be challenged in the Constitutional Court of the Russian Federation.

- NPA in the field of taxation.

In the field of shared construction of apartment buildings and real estate.

The Government regulates land relations within the competence established by the Land Code, Federal Law and Presidential Decrees. "On approval of the rules for conducting state cadastral valuation of land." You can also challenge in the Constitutional Court, the Supreme Court, YOU.

departmental acts. Order of the Ministry of Railways.

Acts of other bodies of the IV.

Ministry of Economic Development:

In the field of cadastral value of land plots

Rent rates for land plots

NLA of the state authorities of the subjects

In the field of Spanish and land protection

"On ensuring the fertility of agricultural land"

Laws related to the rights of citizens to land plots

Regulation in the field of public administration.

NLA IV subjects

In cases established by acts of higher legal force. Decree of the Government of the city of Moscow ".. on urban planning plans .."

NPA LSG

Land use and development rules

Establishment of land tax

Establishment of public easements.

local acts. Organizations, institutions and enterprises.

General principles, contracts and legal customs.

Legal acts of individual significance, i.e., acts of application of law (decision of the local administration addressed to a specific citizen or organization), are not sources of land law. Resolutions adopted by the Plenum of the Supreme Arbitration Court and the Supreme Court of the Russian Federation containing guiding explanations to the courts on the application of land legislation and the resolution of land disputes are also not considered.

1. Constitutional bases of the land legislation.

The Constitution of the Russian Federation is the main and most important source of all branches of Russian law. Being a legislative generalization of what has been achieved, the Constitution at the same time acts as a normative program for improving the social and land system.

Article 9 of the Constitution of the Russian Federation requires that land and other natural resources be used as the basis for the life and activities of the peoples living in the respective territory. The same article defines possible forms of land ownership. It can be in private, state, municipal and other forms of ownership.

According to Article 36, the owners own, use and dispose of the land freely, if this does not damage the environment and does not violate the rights and legitimate interests of other persons. The conditions and procedure for the use of land are determined on the basis of federal legislation. This means that subjects of the Federation may issue their own land laws on the basis of federal law, but they must not contradict federal and constitutional federal laws.

Since the issue of ownership, use and disposal of land, as provided for by Article 72 of the Constitution, is under the joint jurisdiction of the Russian Federation and the subjects of the Federation, the subjects of the Federation may, without waiting for the issuance of a federal law, issue their own land laws. But if in the future a federal law is issued on the same issues, then the law of the subject of the Federation is brought in accordance with the federal law.

Article 72 of the Constitution also refers to these issues: regulation of relations of ownership, use and disposal of land, subsoil, water and other natural resources; nature management, environmental protection and ensuring environmental safety; the regime of specially protected natural territories; protection of historical and cultural monuments. The issues of delimitation of state property, including land, are also under joint jurisdiction.

The Constitution of the Russian Federation leaves the decision of other issues in the field of rational use and protection of land to the discretion of the constituent entities of the Russian Federation.

Therefore, in Article 73 of the Constitution of the Russian Federation it is written: "Outside the limits of the jurisdiction of the Russian Federation and the powers of the Russian Federation in matters of joint jurisdiction of the Russian Federation and the subjects of the Russian Federation, the subjects of the Russian Federation have the full power of state power."

The Constitution of the Russian Federation recognizes and guarantees local self-government, which is independent within its powers. Local self-government bodies are not included in the system of state authorities. Their structure is determined by the local population independently.

Local self-government bodies independently manage municipal property, including land, form, approve and execute the local budget, and also resolve other issues of local importance. Changing the boundaries of territories in which local self-government is exercised is allowed, taking into account the opinion of the population of the corresponding territory (Articles 130, 131, 132).

An important source of land law are the constitutions of the republics within the Russian Federation, which are adopted on the basis of the Constitution of the Russian Federation and should not contradict it. The constitutions of the republics take into account national and local characteristics National economy and culture of each republic, and at the same time the tasks of land legislation in the field of rational distribution, use and protection of land resources.

1) The lands are used and protected as the basis for the life and activities of the peoples living in the respective territory.

2) The subject of joint jurisdiction of the Russian Federation and the constituent entities includes issues of maintaining, using and disposing of lands, as well as land legislation.

3) Forms of land ownership (state, municipal, private and other types of ownership)

There are no others yet, and if they are, they are installed in the Civil Code.

4) The rights of citizens to land

Own privately owned land

Owner management is carried out freely, if it does not violate or harm the environment.

Among all laws, there is the main source of land law - the Constitution of Russia, which provides for the foundations of the constitutional order, the rights and freedoms of man and citizen, the federal structure, the powers of the head of state, legislative, executive and judicial authorities, which are independent, and local governments. The constitutional provisions are the starting point for other branches of law, including land law. At the same time, the norms of the Constitution can be conditionally divided into two large groups, the first - directly devoted to land relations, the second - indirectly participating in the regulation of land relations.

The first group includes Art. 9 - about land and other natural resources that are in various forms of ownership; Art. 36 - on the right of private ownership of land and the regulation of the conditions and procedure for using it on the basis of federal law, art. 42 - on the right of everyone to a favorable environment; Art. 58 - on the obligation of everyone to preserve nature, take care of its riches, art. 72 - on the assignment to the joint jurisdiction of the Federation and its subjects of land, water, forestry legislation, subsoil legislation, and environmental protection.

The second group of norms consists of provisions of the Constitution that are more remote from land relations, but no less significant for them: on a person, his rights and freedoms, as the highest value, the protection of which is the responsibility of the state and all its bodies (Articles 2, 17 and 18), on the democratic, legal, social nature of the Russian state (Articles 1 and 7), on guaranteeing the unity of the economic space, supporting competition, freedom economic activity(Article 8), on the equality of all before the law and the courts (Article 19), on the right to housing and its inviolability (Articles 25 and 40), on guaranteeing state protection of the rights and freedoms of man and citizen and, in particular, guaranteeing judicial protection (arts. 45–48); on the obligation of everyone to pay legally established taxes and fees (Article 57) and many others (the detailed content of the articles is not given here, as it is presented and commented on in other chapters of the textbook; in addition, citizens must have the Constitution as a reference book and know its contents according to the original).

The dominant position of the Constitution among other laws is due to the fact that it has the highest legal force among other higher normative acts - laws and has direct effect on the entire territory of the Russian Federation. This means that laws and other legal acts adopted in the Russian Federation must not contradict the Constitution of the Russian Federation. According to Art. 15 of the Constitution, laws are subject to official publication, and unpublished laws are not applied. Any normative legal acts affecting the rights, freedoms and duties of a person and citizen cannot be applied if they are not officially published for general information. This constitutional provision is important for laws, but even more important for by-laws.

2. Federal laws as sources of land law

Among the laws of Russia related to land law, one can note such as the Land (2001), Water (1995), Forest (1997) codes. Laws on the protection of the natural environment (2002), On payment for land (1991), On the basics of urban planning in Russia. Federation (1992), on natural healing resources, health-improving areas and resorts (1995), on specially protected natural areas (1995), on land reclamation (1996), on state regulation of the agro-industrial complex ( 1997), On the safe handling of pesticides and pesticides (1997). These and other directly "land" laws constitute the core of land law, its main part at the federal level, but not the only one.

The sources of land law are federal laws that are included in other branches of law, but provide for land regulations. The laws of other branches of law can be conditionally divided into two groups - the laws of the natural resource block, which, like the land ones, regulate relations regarding the use and protection of natural resources (except land), and the laws of other branches of law, as it were, far from the land branches of law (in the future, you can will make sure that they are not as far from land interests as it seems at first glance).

There are many norms related to land use in the legislation on subsoil, atmospheric air, wildlife and other natural resource legislation. For example, the VK RF provides for rules on the coastline and the coastal strip of inland sea ​​waters and territorial sea, water protection zones of water bodies, the procedure for conducting work in them, the features of the provision of land plots in water protection zones and control over their use, zones and districts of sanitary protection around water bodies (Articles 16, 108, 111, 112 and 115 of the RF VC).

Along with this, there is a special article 5 of the RF VC on relations regulated by the water legislation of the Russian Federation, where an attempt is made to delimit water and land relations. In particular, it is envisaged that land relations arising from the use and protection of water bodies are regulated by water legislation to the extent necessary for the rational use and protection of water bodies.

Relations regarding isolated water bodies (closed reservoirs) are regulated by water legislation to the extent that these relations are not regulated by civil and land legislation. In Art. 12 of the Civil Code of the Russian Federation provides that owners, owners and users of land plots adjacent to surface water bodies can use them only for their own needs to the extent that this does not violate the rights and legitimate interests of other persons.

The same applies to forestry and other branches of law (see chapters on water and forest funds).

Thus, the norms of land law are contained in the laws constituting natural resource legislation.

The third group of federal laws containing norms of land law is the Civil Code, the Code of Administrative Offenses, the Criminal Code: they contain many prescriptions related to land relations, which will be discussed in other chapters of the textbook. In particular, the Code of Administrative Offenses of the Russian Federation and the Criminal Code of the Russian Federation contain elements of land offenses (crimes), for which administrative or criminal liability is established and applied, respectively, depending on the degree of public harm or public danger.

The laws regulating land relations also include the laws of the subjects of the Federation, but since they are becoming more and more important, a separate chapter is devoted to them.

3. Regulatory decrees of the head of state
and other by-laws

In the conditions of Russia, the main source of land law, as well as other branches of law, are by-laws. They include decrees of the President of the Russian Federation, resolutions of the Government of the Russian Federation, departmental acts, normative acts of organizations and other acts (other acts - sources of land law include acts of subjects of the Federation and local governments - they will, due to the new, increased role, be devoted to separate chapters ).

The main by-laws are decrees of the President of Russia, they are considered by-laws because, according to Art. 90 of the Constitution of the Russian Federation should not contradict the Constitution of the Russian Federation and federal laws, in addition, according to Art. 80 of the Constitution of the Russian Federation, the President of Russia determines the main directions of the domestic and foreign policy of the state in accordance with the Constitution of the Russian Federation and federal laws.

Decrees are the main type of by-laws because the President is the guarantor of the rights and freedoms of man and citizen, ensures the coordinated functioning and interaction of public authorities. Decrees and orders of the President of the Russian Federation are binding on the entire territory of Russia.

In land law, the Decrees of the President are both relevant and diverse, which is explained by the significance and complexity of land relations, the obsolescence of some parts of the Land Code of the RSFSR of 1991, and the need to promptly fill gaps in land regulation.

An incomplete list of presidential decrees in the field of regulation of land relations gives an idea of ​​the place of this type of source of law in the formation of land law in recent years.

The next in the hierarchy of by-laws are the decrees of the Government of the Russian Federation, which exercises executive power in the Russian Federation. Acts of the Government are adopted on the basis of and in pursuance of the Constitution of the Russian Federation, federal laws, regulatory decrees of the President of the Russian Federation and are binding in the Russian Federation (Articles 110 and 115 of the Constitution of the Russian Federation).

Among those provided for in Art. 114 of the Constitution of the Russian Federation, there are also powers of the Government that relate to the regulation and implementation of land relations, namely the development and presentation federal budget and ensuring its execution, the management of federal property, the implementation of measures to ensure the rule of law, the rights and freedoms of citizens, the protection of property and public order.

In pursuance of its powers, the Government, exercising administrative functions, actively participates in the formation of land law.

The Russian government is actively taking prompt measures to establish and ensure land law and order.

By-laws include orders, instructions, rules, instructions adopted central authorities executive power, which includes ministries, state committees and departments (Central Bank, Federal Forestry Service, etc.). Their acts regulate relations within the system of their department, but almost each of them has some supra-departmental, sometimes coordinating functions, which determine the significance of departmental acts not only for its employees, but also for other citizens.

Regulations, i.e. acts establishing obligations for non-personalized citizens or granting them rights are adopted in organizations, institutions and enterprises. They can be of two types designed for those working at a given enterprise, i.e. addressed inside the enterprise, or directed to subjects of law outside the enterprise - both of them are of a general nature, focused on a repeated number of applications.

An example of the first type of normative act can be considered an internal land management plan approved by the authorized body of an agricultural organization (enterprise). They are of a general nature because they apply to all employees of a given farm, no matter who performs the work provided for by these rules. In the event of the departure (dismissal) of some employees, these norms are also effective for other employees who have taken their place.

The second type of normative acts of organizations can include the rules and procedures for land management work, approved by a non-state self-supporting organization, they are adopted on the basis of and in pursuance of higher normative acts - laws, decrees, resolutions, orders, etc., are mandatory for citizens applying to the organization.

It should be noted that there is sometimes no clear boundary between these types of regulatory acts of organizations, for example, forestries are turned inside the organization, however, they cannot be ignored by citizens applying to the forestry, at the same time, the rules for processing land documents addressed to citizens, specified in the organization are mandatory for employees of this organization. The normative acts of the organization, although they are in the hierarchy of normative acts at the lowest level, i.e. are obliged to comply with all higher normative acts, nevertheless they are the most massive, bringing the greatest number of violations of the law and infringements on the rights of citizens, including land, sources of land law. Therefore, appropriate attention should be paid to them.

The sources of land law are beginning to include general principles, rights, statutory treaties and some legally binding customs.

The starting, initial beginnings of the legal system become a source of law, if their role is enshrined in law. For example, Art. 38 of the Statute of the International Court of Justice provides that the Court, which is bound to decide disputes submitted to it on the basis of international law, shall apply the general principles of law recognized by civilized nations.

In Art. 15 of the Constitution of the Russian Federation states that the generally recognized principles and norms of international law and international treaties of the Russian Federation are an integral part of its legal system.

It should be noted that the general principles of law are gradually gaining their niche in Russian law. According to Art. 6 of the Civil Code of the Russian Federation if it is impossible to use the analogy of the law, i.e. application of legislation governing similar relations, it is possible to determine the rights and obligations of the parties based on the general principles and meaning of civil law and the requirements of good faith, reasonableness and fairness. True, judicial practice is constantly faced with the difficulties of different understanding and interpretation of these concepts by various persons and authorities, which is due to insufficient legal and moral traditions.

Agreements between various subjects of law may contain legal norms not only to establish the rights and obligations of the parties, but also to establish general rules behaviors that all participants must obey in the future. Examples of such normative agreements in land law are agreements on general and special land easements (which will be discussed in detail in a separate chapter).

Under the conditions of a federal structure, states acquire the value of an agreement between the state bodies of the Federation and its subjects. To date, such agreements have been concluded between the center and part of the constituent entities of the Federation, and in all there are norms on land relations, and this is not surprising, since the Constitution of the Russian Federation refers these issues to the joint jurisdiction of the Russian Federation and its constituent entities. However, such agreements are sometimes quite general in nature, since both science and practice have not fully defined the principles and boundaries of “!joint competence”, here we have to accumulate experience and develop civilized relations. Under the agreements, the Government of the Russian Federation has the right to delegate to the executive bodies of the constituent entities of the Russian Federation the exercise of part of its powers, and on the basis of the agreements, a reverse redistribution of the functions of the executive bodies is also possible.

According to Art. 5 of the Constitution of the Russian Federation, its federal structure is based on the delimitation of jurisdiction and powers between the state authorities of the Russian Federation and the state authorities of the constituent entities of the Russian Federation. The division of powers between the Russian Federation and its constituent entities is determined by the Constitution of the Russian Federation, which provides for the competence of the Russian Federation, the joint competence of the Federation and its constituent entities, and the competence of the constituent entities of the Russian Federation.

To the jurisdiction of the Russian Federation in accordance with Art. 71 of the Constitution include: regulation and protection of the rights and freedoms of man and citizen (including land); federal state ownership (primarily land, other natural resources) and its management; establishing the foundations of federal policy and federal programs in the field of environmental development of the Russian Federation, the production of poisonous substances, narcotic drugs and the procedure for their use, determining the status and protection of the state border, territorial sea, exclusive economic zone and continental shelf of the Russian Federation, civil, civil procedural legislation (as methods of protection of property relations arising from the use and protection of land interests, levers for the protection of land and other natural resources and their owners), meteorological service, standards (including in the field of land relations, environmental protection).

In the joint jurisdiction of the Russian Federation and its subjects in accordance with Art. 72 of the Constitution are the protection of the rights and freedoms of man and citizen, ensuring the rule of law, public safety (including in the field of land relations); issues of ownership, use and disposal of land, subsoil, water and other natural resources, delimitation of state ownership (primarily of land, other natural resources), nature management, environmental protection and environmental safety, specially protected natural areas (they concern, first of all, land use, which will be discussed in a special chapter of the textbook).

Outside the jurisdiction and powers of the Russian Federation on subjects of joint jurisdiction of the Russian Federation and its subjects, the subjects of the Russian Federation in accordance with Art. 73 of the Constitution have the fullness of state power. This delimitation of land competence "along the vertical" seems to be very important and is carried out at all levels - federal - by the State Duma and the Federation Council, the President and the Government of the Russian Federation, at the level of the constituent entities of the Russian Federation - law-making bodies of the subjects. "Horizontally" the improvement of environmental and land legislation and the implementation of powers in the field of land use and protection is carried out in three directions - according to the composition of land and environmental regulations, which are grouped as follows: a) environmental legislation proper, b) natural resource legislation, including first of all, land legislation, c) other branches of legislation regulating relations arising from the use and protection of land - civil, administrative (sanitary), financial and other branches of legislation (complication and relevance of relations between the Federation and its subjects cause, in addition to the above, law-making of subjects of the Federation in the field of land relations in a separate chapter).

The group of other contracts of sources of land law includes exemplary or model contracts developed and approved by authorized bodies. Currently, their legal force is being discussed, and the field of action is being reduced, since the Civil Code of the Russian Federation proclaims freedom of contract, the inadmissibility of arbitrary interference by anyone in private affairs, and the need for unhindered exercise of civil rights.

The type of regulatory agreement is an international agreement provided for by the mentioned Art. 15 of the Constitution of the Russian Federation. It also states that if an international treaty of the Russian Federation establishes rules other than those provided for by law, then the rules of the international treaty shall apply. However, such a constitutional provision still has a long way to go, since until now administrative and judicial practice involves implementation, i.e. inclusion of the norms of the international treaty of the Russian Federation in the Russian legislation. The law-making of the Russian Federation follows this path, after the signing and ratification of international treaties of the Russian Federation, a plan is drawn up and implemented for the adoption of Russian legal acts to ensure the validity of the treaties, the inclusion of their requirements in Russian legislation.

A rule of conduct that has developed over a long period of time and is recognized by the state as universally binding is considered a legal custom. In land law, the legal custom occupies the largest place in comparison with other branches of law, which can be explained by the greatest duration, relevance and, in many respects, unsettledness of land social relations.

Custom was the main source of law in the early stages of the development of society. Many subsequent sources of law were systematized records of the most important and justified customs, such as, for example, Russkaya Pravda.

The custom of business turnover is provided for in Art. 5 of the Civil Code of the Russian Federation: it is recognized as a rule of conduct that has developed and is widely used in any area of ​​business activity, not provided for by law, regardless of whether it is recorded in any document. A custom that is contrary to the provisions of the law or the contract does not apply.

An example of a custom included in land law can be considered the rule of dividing a land plot between the owners of a building located on it, not only in proportion to the shares of ownership of the building, but also in accordance with the established procedure for using the site, which justified custom. Often formed and established rules for the use of land are included in servitude agreements, in the distribution of specific land shares in the corporatization of peasant collective farms, with the allocation of individual members from them.

BIBLIOGRAPHY

Constitution of the Russian Federation: Adopted at a national referendum on December 12, 1993


Civil Code of the Russian Federation. Part 1 of November 30, 1994 / / SZ RF. 1994. No. 32. Art. 3301.


Civil Code of the Russian Federation. Part 2 of January 26, 1996 / / SZ RF. 1996. No. 5. Art. 410.


Land Code of the Russian Federation: Adopted on September 28, 2001 // Russian newspaper. Oct 30 2001


Dziuba N.V.; Karpenko Yu.V. Land Fund of the Russian Federation: Proc. allowance - St. Petersburg: IPK "Combat", 2003.

Ministry of Education of the Russian Federation

Yakut State Agricultural Academy

Faculty of Law

Department of Civil and Agrarian Law

TEST

By discipline: Land law

Sources of land law

Completed by: student of the 6th year s / o Yu-05

Fedorova Lilia Nikolaevna

Checked by: Everstova A. G.

Yakutsk 2010

1. The concept and classification of sources of land law

2. The Constitution of the Russian Federation as a source of land law

3. International treaty of the Russian Federation as a source of land law

4. Law as a source of land law

5. Decrees of the President of the Russian Federation, regulatory legal acts of federal executive bodies as a source of land law

6. Laws, regulatory legal acts of the subjects of the Russian Federation, regulatory legal acts of local governments as sources of land law

References

1. The concept and classification of sources of land law

The concept of the source of land law . The concept of "source of law" arose more than two thousand years ago. This expression was first used by Titus Livy, characterizing the laws of the XII tables as "fons omnis publici privatique iuris", i.e. as the source of all public and private Roman law.

Often the concept of "source of law" is used in the sense of a source of legal norms, i.e. content of law. And it can also be used as a way of expressing the content of the relevant legal norm, i.e. forms of expression of law.

The sources of land law are normative legal acts regulating land relations. Such normative legal acts must: 1) be bearers of state force; 2) have a normative character, i.e. be designed for repeated use; 3) addressed to an indefinite number of subjects; 4) be binding on all subjects.

The source of land law is a normative legal act adopted by a public authority or local government within its competence, which establishes, changes or cancels land legal norms - legally binding models of behavior for participants in land relations.

Normative legal acts of state authorities are divided vertically into: normative legal acts of federal state authorities, constituent entities of the Russian Federation and local governments. Horizontally, these regulatory legal acts are divided into laws and other regulatory legal acts (by-laws).

Types of sources of land law . The source of land law is a normative legal act that contains land legal norms, i.e. norms of law, the purpose of which is the regulation of land relations. The following types of sources of land law are distinguished: the Constitution of the Russian Federation, international treaties of the Russian Federation, legislative acts, the main purpose of which is the regulation of land relations; legislative acts regulating relations in the field of nature management and environmental protection, and other legislative acts. Decrees of the President of the Russian Federation, regulatory legal acts of federal executive bodies, laws and other regulatory legal acts of the constituent entities of the Federation, as well as regulatory legal acts of local governments.

Arbitrage practice . Courts of general jurisdiction and arbitration courts perform an important function by applying land legislation, ensuring the protection of the rights and legitimate interests of individuals and legal entities to land. Developed common approaches, principles, uniform forms of dispute resolution - the practice of the judiciary.

The judicial practice of resolving certain categories of cases is expressed in the decisions of the Plenum of the Supreme Court of the Russian Federation and the Plenum of the Supreme Arbitration Court of the Russian Federation. Of great importance for improving the practice of applying land legislation in terms of land protection are the resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation, the resolution of the Plenum of the Supreme Court of the Russian Federation.

The development of land legislation is influenced by the decisions of the Constitutional Court of the Russian Federation.

land law source

2. The Constitution of the Russian Federation as a source of land law

Constitutional principles of regulation of land relations. The Constitution of the Russian Federation, having the highest legal force in relation to all other legislative acts, occupies a central place among the sources of land law. A number of provisions of the Constitution are of direct importance for land law, as they are the basis for the development of land legislation. The Constitution of the Russian Federation enshrined the general principles of regulation of land relations in the system of legislation of our country. Article 72 of the Constitution refers the regulation of land relations to the subject of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation. Federal laws and other normative legal acts of the constituent entities of the Russian Federation are issued on subjects of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation. In the absence of a federal law regulating issues related to the subject of joint jurisdiction of the Russian Federation and the subjects of the Russian Federation, the subject of the Federation has the right to exercise its own legal regulation. However, after the adoption of the federal law, the subject of the Russian Federation is obliged to issue laws and other regulatory legal acts that strictly comply with the federal law.

The Constitution of the Russian Federation in a general form defines the powers of some state authorities to regulate land relations. The Government of the Russian Federation manages federal property, i.e. have the right to administer federally owned lands. The Constitution of the Russian Federation secured the powers of local self-government bodies. Local self-government bodies independently manage municipal property, which may also include land.

Article 74 of the Constitution expresses the principle of the priority of ensuring the interests of nature protection, including land protection in the sphere of regulation of the single economic space, the single market. The Constitution enshrines the features of the legal regulation of land relations. Land relations should be regulated by a special special federal legislative act - the Land Code of the Russian Federation.

Constitutional bases of regulation of relations of the property to the earth. Of paramount importance are the constitutional foundations for regulating land ownership relations. Article 8 of the Constitution expresses the principle of equality of all forms of ownership. In the Russian Federation, private, state, municipal and other forms of ownership are recognized and protected in the same way. Article 9 (part 2) of the Constitution allows for the possibility of the existence of various forms and types of ownership of land. Land and other natural resources may be in private, state, municipal and other forms of ownership.

The right of private property is protected by law. Everyone has the right to own property, own, use and dispose of it both individually and jointly with other persons. No one may be deprived of his property except by a court decision. this means that the land legislation should contain such conditions for the withdrawal of private land, when this is allowed only by a court decision, and not by any other body. In addition, it is provided that the expropriation of property for state needs is possible only subject to prior and equivalent compensation. Of great importance for the protection of the right of private ownership of land is the constitutional definition of the limits of restriction of the rights and freedoms of man and citizen.

Constitutional bases for ensuring the protection of lands. Article 42 of the Constitution enshrines the right of everyone to a favorable environment, reliable information about its condition and to compensation for damage caused to his health or property by an environmental offense. This right is ensured through the implementation of the relevant mechanisms contained in the Federal Law, as well as a number of special land-legal and other norms.

Article 58 of the Constitution of the Russian Federation establishes the obligation of everyone to preserve nature and the environment, to treat natural resources with care. In the land legislation, this obligation is expressed by imposing on all subjects of land relations specific responsibilities for the rational use and protection of land.

3. International treaty of the Russian Federation as a source of land law

General characteristics. According to the Constitution of the Russian Federation, generally recognized principles and norms of international law and international treaties of the Russian Federation are an integral part of the national legal system. The principle of priority of norms of international law over national law is fixed. This principle is also confirmed in the land legislation of our country. Article 4 of the Land Code provides that if an international treaty of the Russian Federation, ratified in the prescribed manner, provides for rules other than those of the Land Code, the rules of the international treaty shall apply. The procedure for concluding, fulfilling and terminating international treaties is regulated by the Federal Law.

The value of an international treaty as a source of land law. On the basis of international treaties of the Russian Federation, the line of the state border is determined. In these cases, an international treaty defines the territorial scope of national law, including land law. Also, on the basis of an international treaty, the regime for the use of natural resources, including land in the border zone, is determined. International treaties can serve as a basis for establishing a regime for protecting the habitat of wildlife objects, restricting economic activity and land use in the respective territories.