To develop a draft Land Code

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Uploaded: 29.10.2019
Content: S19-215.docx 20,24 kB

Description

To develop a draft Land Code of the Russian Federation, an alternative to the "Duma" project, a group of experts was invited by one of the federal ministries.
Before starting to write the texts of the Codex articles, the experts formulated and proposed for discussion the main provisions of the Codex Concept. The starting point was the provision according to which the subject of legal regulation should be land social relations, that is, relations regarding the use and protection of land as the basis for the life and work of the peoples of the Russian Federation.
Because of this, it was proposed to develop the Code as an act of land legislation, built on the distinction between public law and private law regulation, according to the following basic rules:
- to property relations based on administrative or other power subordination of one party to the other, civil law does not apply, unless otherwise provided by law;
- the owners of a land plot have the right to sell, give, pledge or lease and dispose of it in another way insofar as the land in accordance with the law is not excluded from circulation or is not limited in circulation;
- transactions with land are regulated by civil law, taking into account land, forestry, environmental, and other special legislation.
What norms of the Constitution of the Russian Federation, federal laws, decrees of the President of the Russian Federation constitute the legal basis for the concept of land relations? What are the possible criteria for distinguishing land social relations from civil, administrative and others? What are the principles of land law? Give written opinions on these issues.

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