Историко-правовой анализ становления и развития этапов платы за землеустройство (с 1917 года по настоящее время)
Introduction: the article analyzes legal regulation of land planning fees during a period of more than a century, showing their dynamics at different stages. Land planning fees have existed throughout the entire period of the existence of land planning institution itself. The changing political systems only affected the specifics of their legal regulation. In modern-day Russia, an ambiguous situation with land planning fees is observed: on the one hand, they are not mentioned in either the Land Code of the Russian Federation or the Federal Law ‘On Land Planning’: on the other hand, such fees exist and are charged depending on the requester of the works, which creates a certain gap in the regulation of this institution. In anticipation of the adoption of the new law ‘On Land Planning’ it is essential to analyze the development of land planning fees in terms of positive and negative aspects. Purpose: based on an analysis of legal regulation, to determine the need for the regulation of land planning fees under current legislation. Methods: historical, logical, comparative-legal, structural-functional. Results: the study has showed that the development of land planning fees has gone through three separate stages: the first stage refers to the period before the revolution, it can be regarded as the genesis of the phenomenon under consideration, which was also taken as a basis by the Soviet government; the second stage is framed by the historical period from 1917 through 1990, it lasted until the land reform; the third stage covers the period after the land reform and up to the present moment. Conclusions: there is a direct connection between the financing of land planning fees from the relevant budget and the performance of the state's public function of managing the country's lands. The paper substantiates the hypothesis that land planning fees should be included as an independent component into land fees through legislative formalization.
- Research Article
3
- 10.31548/zemleustriy2021.01.02
- Mar 3, 2021
- Zemleustrìj, kadastr ì monìtorìng zemelʹ
Land planning specialization of land relations and land use system has significantly strengthened the role and place of land planning activities in the development of the country's economy and its territories. However, the theory of land organization and land planning does not keep up with the demands of practice. The functions, subject and objects of land organization and land planning are declared to a limited extent. Therefore, the purpose of the study is to substantiate the current development of land organization and land planning in Ukraine on the basis of the latest institutional and behavioral economic theory. It is substantiated that land planning activity is a socio-economic institution that provides trust, understanding and in the socio-economic area, through professional processing, submission and interpretation for users of land information about the facts and processes of organizations (institutions). In the narrow sense the land planning is the Institution of transformation using specific methods, rules (its formal component) and professional skills and judgments (informal component of the institution) of land managing facts in the language of numbers for understanding and manageability of all subjects of the socio-economic area. In a broad sense, land planning as an institution forms a certain face of land-tenure and land-use, state land institutions, public and other organizations (institutes) who organize and manage the use and protection of land and other natural resources and provide important informational content of local, regional, national and global socio-economic areas. The institution of land planning is primarily characterized by the state of the informal component, its ability to influence the adoption and compliance with the «rules of the game» through «organizations-institutions» (primarily associations of professional land surveyors). Influence the effective representation of management and economic activities related to land in society. This increase in theoretical ideas opens up new ways to develop land planning and, consequently, land reform measures. Its scientific and legal components («rules of the game») are increasingly based on ideas, the influence of the professional environment, which should become more and more organizationally united. On the other hand, the institutional theory of land planning opens the possibility and substantiates the need for the use of state regulatory bodies, scientific schools, professional associations of land surveyors, the ideology of «land planning engineering» and «land planning imperialism» in land policy.
- Research Article
- 10.12697/aa.2024.2.01
- Dec 31, 2024
- Ajalooline Ajakiri. The Estonian Historical Journal
Land consolidation as an essential socio-economic process in the early days of the Republic of Estonia, I The land question was crucial in the rise and survival of the independent Republic of Estonia. At the conclusion of the First World War, the army of the German Empire was leaving Estonia. The Republic of Estonia declared its independence on 24 February 1918. Russia invaded Estonia in November of 1918 to unite Estonia with Soviet Russia. The Estonian War of Independence began. Coupled with the favourable political situation for land reform, the significant land shortage that plagued Estonians played an essential role in the security of the Republic of Estonia. In December of 1918, the Estonian Provisional Government promised Estonian citizens who bravely fought for Estonia land for personal use. Prior to the declaration of Estonia’s independence, private manors owned more than half of Estonia’s land, i.e. 2,428,087 hectares or 58.0%. Most of the land belonged to Baltic Germans. However, the Estonian population grew, and based on data from 1916, there were approximately half a million rural residents without land, which was about 2/3 of Estonia’s population. At that time, being landless meant having no income or being mostly low-paid and often dependent on work on someone else’s land. Therefore, land-starved peasants wanted for themselves the manor lands that belonged to the Baltic Germans. The promise of giving land to the peasants brought many men to the ranks of the national army. The distribution of land already during the War of Independence boosted confidence in the young country. The Estonian dream of becoming master of their own land quickly came true in the republic’s first years. This analysis consists of two parts, the first of which focuses on land consolidation issues in the implementation of land reform (1918–24), while the second examines the development of land consolidation law after land reform. The period from 1918 to 1928 saw significant changes in the reorganisation of land use and ownership, particularly in the planning and division of former manor lands, as well as in other land consolidation efforts aimed at transforming land use to provide a source of livelihood for as many people as possible. These objectives were closely tied to the implementation of land reform because the distribution of manor lands to tenant farmers sometimes required the allocation of additional land to existing rental farms. The goal of this was to create economically viable farms. All this required functioning institutions. The article focuses on the institutional framework for implementing land reform, which was intended to contribute to achieving land consolidation objectives. At the beginning of Estonian land reform, the organisation of land planning and approval of lists of land recipients was not uniform. Initially, the regulation on implementing the Land Reform Act stipulated that local government institutions were to approve the lists of land recipients, while the Minister of Agriculture was responsible for land planning, i.e. the division of land plots. The multi-level collegial decision-making process for land planning resembled that provided for in the Russian Empire’s land consolidation law (1911), which stipulated that decisions of local commissions would be reviewed by a commission at the regional and gubernatorial levels if the commissions exceeded their powers. It was possible to challenge the land consolidation plan in the state’s highest court (in Russia, the Governing Senate, and in Estonia, the Supreme Court). Between 1919 and 1926, the main difference in the regulations for implementing land reform in the two countries was that, according to the Russian Empire’s law, the approval of lists of land recipients was also the responsibility of the land consolidation commission, which had extensive powers in resolving land consolidation disputes. The differences in the decision-making process regarding land distribution plans and the lists of land recipients, as well as the differing procedures for disputing them, caused several problems. Decisions on determining the lists of land recipients were contested in court so frequently that they accounted for most legal cases. A search for new solutions began in an effort to resolve land distribution and related disputes more effectively. That is what the forthcoming article will focus on.
- Research Article
- 10.1179/003962696791484899
- Oct 1, 1996
- Survey Review
Excessive requirements of information contributes to the poor performance of land management in developing countries. Procedures in land planning and registration must be designed to work on incomplete information and at low costs. Such procedures will inevitably be iterative and decentralised.Adjudication is defined as the resolution of a dispute by the application of pre-existing rules. With reference to English and Danish experience it is argued that adjudication by land tribunals could have several functions in the context of government intervention: to allow for iterative and participative planning decisions, to resolve disputes between individuals and the administration, and to make the intervention legally binding.In the pursuance of certainty as to land rights, adjudication, which is a legal process, could complement the land and property identification systems. Two ways of establishing certainty should be considered in conjunction: (1) prevention of unGertainty through reliable information, and (2) removal of uncertainty by legal process.In a sense adjudication makes up for the imperfections of the registration system. Uncertainty will occur but at least there will be predictability because there are pre-existing rules. Two examples are briefly discussed. One is boundary disputes, the other is the issue of liability.Field operations are particularly important in developing countries. It is suggested that the private land surveyor is the obvious actor to assume broad technical and managerial responsibilities concerning land planning, land surveying, community relations, surveying and mapping, and legal issues. However, to qualify for the shouldering of such broad tasks, the private surveyors must develop a broader professional profile.Two crucial issues are deliberately omitted. The first is development of Land Law. Formalisation of land rights requires the formalisation of land law. It is an inherent limitation on land reform in developing countries that land law hardly exists as a specific discipline. The second is the involvement of laypeople. Resource constraints alone dictate that they need to be involved in the decentralised functions of land management. An inevitable issue is the relationship between the official administration and traditional or indigenous structures. At the operation level the involvement of laymen and laywomen raises enormous problems of management, logistics, etc.
- Research Article
3
- 10.1179/sre.1996.33.262.504
- Oct 1, 1996
- Survey Review
Excessive requirements of information contributes to the poor performance of land management in developing countries. Procedures in land planning and registration must be designed to work on incomplete information and at low costs. Such procedures will inevitably be iterative and decentralised.Adjudication is defined as the resolution of a dispute by the application of pre-existing rules. With reference to English and Danish experience it is argued that adjudication by land tribunals could have several functions in the context of government intervention: to allow for iterative and participative planning decisions, to resolve disputes between individuals and the administration, and to make the intervention legally binding.In the pursuance of certainty as to land rights, adjudication, which is a legal process, could complement the land and property identification systems. Two ways of establishing certainty should be considered in conjunction: (1) prevention of unGertainty through reliable information, and (2) removal of uncertainty by legal process.In a sense adjudication makes up for the imperfections of the registration system. Uncertainty will occur but at least there will be predictability because there are pre-existing rules. Two examples are briefly discussed. One is boundary disputes, the other is the issue of liability.Field operations are particularly important in developing countries. It is suggested that the private land surveyor is the obvious actor to assume broad technical and managerial responsibilities concerning land planning, land surveying, community relations, surveying and mapping, and legal issues. However, to qualify for the shouldering of such broad tasks, the private surveyors must develop a broader professional profile.Two crucial issues are deliberately omitted. The first is development of Land Law. Formalisation of land rights requires the formalisation of land law. It is an inherent limitation on land reform in developing countries that land law hardly exists as a specific discipline. The second is the involvement of laypeople. Resource constraints alone dictate that they need to be involved in the decentralised functions of land management. An inevitable issue is the relationship between the official administration and traditional or indigenous structures. At the operation level the involvement of laymen and laywomen raises enormous problems of management, logistics, etc.
- Research Article
- 10.33327/ajee-18-7.4-a000122
- Nov 15, 2024
- Access to Justice in Eastern Europe
Background: Law is a key regulator of social relations. Its systemic nature is fundamental for proper, clear and comprehensive regulation of legal relations. As an integral system, law has its own logic, structure, order and purpose. This purpose is to properly regulate social relations, ensure law and order, and qualitatively and consistently satisfy the rights, obligations and interests of participants in legal relations. However, legal regulation is not without its flaws. One major issue of legal regulation is gaps in the law, where certain social relations lack proper legal regulation due to a lack of specific legislative or legal approaches. Other flaws include conflicts between laws, legislative gaps, qualified silence of the legislator, "darkness" of legal norms, and a "seeming" need for legal regulation and other legal phenomena similar in nature. This article addresses how judges resolve conflicts of law in the course of judicial proceedings, namely the construction of a mechanism to resolve conflicts within national legislation to ensure the right to a fair trial. This issue is of particular importance in the context of the war in Ukraine because, unlike in the relatively stable judicial practice of resolving disputes that arise in a society where there is no war, today, the courts now face unprecedented cases, such as those involving military medical commissions decisions, financial support of military personnel, and new wartime criminal prosecution. Additionally, judges must navigate the procedural norms for the administration of justice in wartime, which are changing rapidly. The study identifies specific cases of conflict in law, particularly in issues related to mobilisation. It highlights how inconsistencies in current legislation and the lack of uniform approaches to overcoming them often prevent citizens from exercising their rights. This situation directly contradicts the Sustainable Development Goals in terms of building peaceful and inclusive societies for sustainable development, ensuring access to justice for all, and building effective, accountable, and inclusive institutions at all levels. The authors of the article highlight the growing importance of legal principles in resolving conflicts within the law. Foundational concepts like the rule of law, legal certainty, and legality are recognised grounds for judicial decision-making. Accordingly, this allows courts to interpret conflicts in specific areas of legislation – such as tax legislation in favour of the taxpayer, child rights in favour of children, and labour law in favour of employees. Consequently, similar claims may be resolved differently depending on their subject matter. To support this analysis, the authors analysed 150 decisions of Ukrainian judges, studied the concept of conflicts, formulated a refined definition, assessed the role of judicial law-making in resolving legal conflicts, and developed a mechanism for addressing conflicts in law by judges. Methods: The authors employed a general dialectical analysis approach grounded in the doctrine of society and thinking, along with the historical method, to analyse the development of legal norms and institutions in different historical periods. This approach provides insights into their origins, evolution and impact on the modern legal system. Methods of analysis and synthesis of information were also utilised. To support the authors’ conclusions, relevant empirical information, including court decisions from the Unified State Register of Court Decisions, were referenced. A total of 150 court decisions containing collisions from 2015 to 2024 were analysed, 22 of which were cited in this article. Results and Conclusions: Conflicts in law are defined as subjectively caused phenomena involving the confrontation of several norms or their totality, resulting in the inability to apply legal norms effectively, clearly, and consistently to regulate social relations. A definition of conflicts in law from a judicial perspective is also proposed: they are contradictions within legal regulation, a negative legal phenomenon that a judge, with the authority vested in them, must resolve in a manner that upholds fundamental principles of law during the administration of justice.
- Research Article
- 10.17223/23088451/18/20
- Jan 1, 2022
- Ugolovnaya yustitsiya
The article examines the normative legal acts on the implementation of the preventive function by the prosecution bodies of the Russian Federation. The correctness of the definition of the preventive function of the prosecution bodies given in Article 9 of Federal Law No. 182-FZ of 23 June 2016, “On the Foundations of the System for the Prevention of Offences in the Russian Federation”, is critically assessed. The need to clarify the content of the preventive function of the prosecutor's office by introducing amendments to a number of existing normative legal acts of the Russian Federation is substantiated. The author notes that the current Russian legislation, scientific community, and law enforcement practice are still uncertain about what the implementation of the preventive function by the prosecution bodies of the Russian Federation means. The author analyzes the norms of Articles 5 and 9 of Federal Law No. 182-FZ. She infers that, at present, based on the existing norms, it is impossible to make an unambiguous conclusion about how the prosecution bodies carry out the preventive function. On the one hand, it can be argued that the analyzed law provides for the implementation of an independent preventive function by the prosecutor's office within the framework of prosecutor's supervision over the implementation of laws. On the other hand, it would be appropriate to suggest that the legislator equates the supervisory function of the prosecutor's office with the preventive one. Federal Law No. 2202-1 of 17 January 1992 (as amended), “On the Prosecutor's Office in the Russian Federation”, does not clarify this issue; it gives two main functions of the Prosecutor's Office: supervision and criminal prosecution, leaving the list of possible functions open. This law does not specifically disclose the preventive function of the prosecutor's office. The function is deducible from the norms of Section III (Prosecutor's Supervision), Article 8 (Coordination of Activities to Combat Crime), and Article 9.1 (Conducting AntiCorruption Expert Examination of Regulatory Legal Acts). The author notes that, given the existing uncertainty in laws, there are also different points of view on this issue in science. The author believes that the prosecution bodies are still not endowed with the competence for the prevention of offenses; therefore, they cannot perform the preventive function in its traditional sense. According to the current Russian legislation, the bodies of the prosecutor's office supervise the implementation of laws on the prevention of offenses. The current legislation has norms that contradict each other and norms with an indefinite meaning, which continues to raise numerous questions from theorists and practitioners, does not contribute to the uniformity and effectiveness of law enforcement practice. In this regard, the author proposes: (1) to clarify the powers of the prosecution bodies of the Russian Federation in the field of crime prevention, separating the supervisory function from the preventive one, in Article 9 of Federal Law No. 182-FZ on the Foundations of the System for the Prevention of Offences in the Russian Federation. The author believes that the supervisory functions are fully regulated by the Federal Law on the Prosecutor's Office in the Russian Federation; therefore, there is no need to duplicate these functions in Federal Law No. 182-FZ; (2) to provide specific preventive powers of officials of the prosecutor's office of the Russian Federation in Federal Law No. 182-FZ. For example, instructing and informing in the domain of law (Article 17 of Federal Law No. 182-FZ) are not classified as forms of preventive influence of officials of the prosecutor's office, although the prosecutor's office has always carried out these activities; (3) to provide for the implementation of the preventive function by the prosecutor in the texts of Federal Law No. 2202-1 on the Prosecutor's Office in the Russian Federation, Federal Law No. 182-FZ on the Foundations of the System for the Prevention of Offences in the Russian Federation, Federal Law No. 120-FZ on the Foundations of the System for the Prevention of Juvenile Neglect and Delinquency of 24 June 1999, and other preventive regulatory legal acts. The function should be specified through describing its content: instructing and informing in the legal domain, as well as coordinating and anti-corruption expert work.
- Research Article
- 10.23947/2949-1843-2023-1-2-56-67
- Jul 17, 2023
- Legal Order and Legal Values
Introduction. The theoretical and practical importance of the contractual legal relationships, the specifics of their legal regulation in the present-day conditions imply a contract to be a driver of the dynamic processes of commodity exchange. Therefore, due to involvement of the increasing number of objects into the civil circulation and fostering freedom of competition, the role of a contract is also growing. At the same time, in recent times the special attention in the national Civil Law is being paid to creation of the legal construct ensuring development of the gratuitous relationships. In this regard, a gratuitous contract category and, in particular, a gift agreement category are of considerable interest. One of the objectives of today’s Civil Law is creation of the legal construct ensuring development of the above-mentioned gratuitous relationships. The Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the RF), although traditionally stipulating the certain types of gratuitous contracts, still leaves unsolved a number of issues: systematisation of gratuitous obligations, type composition, socially beneficial goals, etc. In the current legislation, the legal constructs of technical and humanitarian aid contracts are stipulated in the ambiguous way. The relationships comprising the element of gratuitousness related to charity, donation, patronage, grants, etc. need a clear legislative regulation. Meanwhile, the legal regulation of the gratuitous contacts in the current economic situation falls considerably behind the present day demands. Therefore, understanding the essence and legal nature of a gift agreement and its place in the present-day Civil Law of Russia is of particular interest. The aim of this study is to identify the most topical problems of the gift agreement legal regulation in the national legislation and difficulties in application practices thereof.Materials and Methods. The legal regulation designated for drawing up the gratuitous contracts was analysed, whereas the gift agreements among them were of particular interest. During the research, a combination of general and specific scientific methods of cognizing the legal reality were applied. The methods of analysis and synthesis, comparative legal analysis, as well as the dialectical method were used for writing the article, which made it possible to ensure the comprehensive study of the material under analysis, internal integrity of the study, as well as credibility and consistency of the research provisions.Results. It has been proved that the institution of gift-giving is in a state of constant legislative improvement. That is why, a number of provisions have been elaborated to foster the development of this institution in the national legislation.Discussion and Conclusions. The problems of the gift agreement legal regulation have been identified, including the law enforcement errors, which occupy a special place in the national judicial practices. All of the above-mentioned does not merely make the topic of the present study relevant, but also determines the main trends for improvement of the current Russian legislation referring to the gift agreement regulation.
- Research Article
6
- 10.26833/ijeg.297223
- Jun 1, 2017
- International Journal of Engineering and Geosciences
Turkey’s agricultural policies of the European Union, World Bank, International Monetary Fund on a global scale, such as areas of activity by the organizations and groups, referral is made. Since the beginning of the Republic of Turkey, land reform has been different application. “On June the 11th 1945, a Law to Provide Farmers with Land enumerated 4753, Land and Agrarian Reform Law dated 1973 and Enumerated 1757, Agrarian Reform Law Regarding Land Regulations in Irrigation Areas, Land Protection & Land Use Law enumerated as 5403/5578” applications have handled in within Turkey land reform. In region of the land reform applied, had been a lot of problem for example, lack of credit, absence of qualified personnel for giving information, etc. and had not gotten efficiency to expected performance and successed expectancy. In this study, land reform, according to the particular application in the world have studied the similarities and differences. A viable model for our country's land reform was formed.
- Research Article
- 10.24144/2788-6018.2024.01.52
- Mar 20, 2024
- Analytical and Comparative Jurisprudence
This article focuses on developing the content of a contemporary, concept and strategic act aimed at enhancing the legal regulation of social security in Ukraine, contextualized within the evolution of the concept of civil society. The author advocates for the creation and endorsement of a Concept to facilitate the participation of civil society actors in bolstering the social security of modern Ukraine. Structurally, this Concept is composed of six parts. The first, ‘Problems that Require Solutions,' highlights issues such as the subpar quality of current legislation's legal regulation concerning the activities of civil society entities, leading to a legal vacuum in the legal framework and regulation of social security involving these entities. The second part, ‘Value Guidelines, Goals, and Objectives for the Implementation of this Concept,' delineates the foundational principles of the social security legal regulation mechanism in the context of civil society's development. Furthermore, it identifies the establishment of institutional, regulatory, and other resource conditions as a goal, enabling effective civil society participation in legally regulating conditions for a socially safe human existence in Ukraine. The third section of the Concept, 'Time Frame for the Implementation of this Concept,’ specifies that while the Concept is valid indefinitely, the resolution of key issues addressed therein should be accomplished before 2026. The fourth part, 'Methods and Approaches for Problem,’ includes strategies such as enhancing current legislation on the legal regulation of civil society actors’ participation in legal processes, especially in social security regulation; the development of a Strategy for Social Security Assurance by Civil Society Actors and its corresponding implementation program, among others. The fifth and sixth parts, 'Anticipated Outcomes’ and 'Estimation of Financial, Material, Technical, and Human Resources,’ respectively, complete the Concept. The article’s conclusion summarizes the research findings and identifies a list of regulations that should be developed and enacted as part of the Concept’s implementation. These include proposed legislative drafts such as the Laws of Ukraine 'On Social Security,’ 'On the Activities of Civil Society Entities in Ukraine,’ and 'On Public Lobbying Activities.’
- Research Article
- 10.31548/law2021.02.06
- Jun 15, 2021
- Law. Human. Environment
The article examines the formation of the right of communal ownership of land, the establishment of legal regulation in the field of consolidation of the status of territorial communities as subjects of communal ownership, the impact of decentralization processes on the legal regime of land of territorial communities and united territorial communities, and the definition of scientific approaches to the formation of a model of communal ownership of land in Ukraine. The author highlights the inconsistency of legislators in defining the principles of building the institution of communal land ownership, the lack of a well-grounded concept of communal property rights, and the legislative contradictions in approaches to creating sustainable local self-government in Ukraine based on the priority of land interests of territorial communities. The author pays special attention to the prerequisites for determining the constitutional status of territorial communities, legislative consolidation of the grounds for the formation of communal land ownership in the State and solving the problem of the absence of a definition of “right of communal land ownership” in the current legislation. The author focuses on the legitimization of the powers to exercise the right of communal ownership by addressing the issue of land and legal competence of territorial communities, improving their status as entities exercising the right of communal ownership of land directly or through local self-government bodies, and exercising the right of communal ownership of land in the manner prescribed by land law. The study found that the Constitution of Ukraine has provided the necessary prerequisites for the establishment of a fundamentally new land system in the area of communal ownership of community land. An important scientific task in modern conditions is to improve the legal regulation of the land and legal competence of territorial communities as subjects of communal land ownership for sustainable development of territories. It is determined that acceleration of administrative and land reforms will contribute to the full legitimization of amalgamated territorial communities and the establishment of territorial communities as equal subjects of land ownership.
- Research Article
- 10.31548/law2021.02.006
- Jun 30, 2021
- Law. Human. Environment
The article examines the formation of communal land ownership law, formation of legal regulation in the field of consolidating the status of territorial communities as subjects of communal property, the impact of decentralization of powers processes on resolving the issue of the legal regime of territorial communities’ lands and united territorial communities’ lands, determination of scientific approaches to the formation of the model of communal land ownership law in Ukraine. It is updated the legislator’s inconsistency in determining the principles of building the institution of communal land ownership law, lack of a well-founded concept of communal property law, legislative contradictions of approaches to the creation of sustainable local self-government in Ukraine, based on the priority of land interests of territorial communities. Scientific attention is paid to preconditions for determining the constitutional status of territorial communities, legislative consolidation of the grounds for the formation of communal land ownership in the state, solving the problem of the definition of «communal land ownership law» absence in current legislation. Focused attention on legitimization of the powers to exercise the communal property law through the solution of the issue of land and legal competence of territorial communities, improvement of their status as subjects, who exercise the right of communal ownership of land directly or through local governments, the exercise of the right of communal ownership of land in the ways specified in the land law. According to the study it is established that the Constitution of Ukraine has provided the necessary prerequisites for the formation of a fundamentally new land system in the field of communal property on the land of communities. An important scientific task in modern conditions is improving the legal regulation of land and legal competence of territorial communities as subjects of communal land ownership for the sustainable development of territories. It is determined that the acceleration of administrative and land reforms will contribute to the full legitimization of the united territorial communities and the formation of territorial communities as equal subjects of land ownership. Keywords: territorial communities, decentralization, local government reform, communal land ownership
- Book Chapter
- 10.3917/gridau.colle.2008.01.0741
- Jan 1, 2008
The present article provides for a general overview of landplaning law in Switzerland (so-called « droit de l’aménagement du territoire »), based on its constitutional and historical foundations. The federalist structure in the country is composed of different levels and plays an essential influence on the adopted system that was developed in the first place on a local level (cantons and districts). The current federal law on landplaning was enacted in 1979 and provides for a series of principles to be complied with by cantons. It also harmonizes different aspects of the landplaning instruments (strategic plans, allocation plans, construction permits). Pursuant to the Swiss Constitution, the Confederation’s power is grossly limited to define applicable principles, such as the separation between, construction and unconstructed territories through the allocation plans that provide for the constructible zones, the agricultural zones and zones under protection, as well as the integration of the constructions in the landscape and the indemnification for planning measures that have infringed property rights. Federal law requires the cantons to elaborate a strategic plan which consists in strategic planification orientating the territory planning. This plan has no binding effect on citizens, but has such an effect on the official authorities. It has to be approved by the federal authority. The cantons enforce federal law through enforcement regulations. Every canton relies therefore on its on in-details regulations on these matters. The role of local collectivities is particularity important : they are in the best position to determine the appropriate planning measures for each situation based on the allocation plans that they are bound to establish (compulsory for all, they are submitted to public enquiry and are likely to be subjected to a claim in front of administrative courts) and to have approved by authorities in the canton, based also on the construction permits that they grant. Their competences are determined by the laws of the considered canton and may vary from one canton to another.Pursuant to federal law, each construction project has to comply with the allocation plan of the zone and shall be implanted on a land that is equipped to be accessible and has canalizations. Detailed provisions of the constructions regulations are part of the law of the canton or, as the case may be, of the district. Based on this burst in competences, a few decisions from different authorities are necessary in order to carry out a construction project. Federal law requires that decisions be coordinated in order to prevent contradictory final solutions.Due to planning measures, cantons have adopted restrictions that materially infringe property rights. In the more serious cases, indemnification is provided. On a general level, a compensatory system for the major advantages and disadvantages deriving from land planning may be installed. A revision of the federal law on this mater is undergone and should result in the transposition of the case law solutions that have been rendered in the last years along with the new issues in land development.
- Book Chapter
7
- 10.1108/978-1-78769-993-920191010
- Jun 12, 2019
Corporate Conflicts in the System of Public Relations, Law, and Legislation of the Russian Federation
- Research Article
- 10.32631/v.2018.4.07
- Dec 28, 2018
- Bulletin of Kharkiv National University of Internal Affairs
The essence and features of administrative and legal regulation, its purpose and correlation with other concepts within administrative law of Ukraine have been clarified. It has been emphasized that legal regulation provides mainly authoritative and management function; its result is the establishment of law and order in society, it focuses on constitutional law and carries out the legalization of the principles of law. It has been determined that administrative and legal regulation is the state’s activity in order to regulate social relations with the help of the norms of law. It has been revealed that administrative and legal regulation has the relevant features that distinguish it among other types of regulation, in particular: 1) it is a mean of influence of the state on social relations; 2) it is carried out with the help of legal means, which constitute the mechanism of administrative and legal regulation; 3) its purpose is to streamline the state and authoritative relations; 4) it establishes the rights and obligations of the participants in administrative and legal relations. The authors have carried out the differentiation of the concepts of administrative and legal regulation and administrative and legal provision. It has been established that administrative and legal provision is a guarantee for the realization, security and protection of human and citizen’s rights and freedoms within administrative and legal relations and represents a set of mechanisms, tools and methods provided by the current legislation, through which administrative and legal regulation is carried out. The objective of administrative and legal regulation has been determined – it is compliance with the state policy regarding the development of administrative legal relations, creation of effective administrative, legal, economic, organizational and procedural rules; ensuring the observance and protection of human rights and freedoms, as well as their effective protection in case of violation; prevention of offenses by the subjects of administrative relations. It has been concluded that during administrative and legal regulation there are relations concerning: 1) the realization of public interests of individuals and legal entities, as well as general and public interest of the state; 2) the implementation of imperative and authoritative competence of public administration agencies; 3) the observance of certain rules established by the state within administrative and legal norms.
- Research Article
- 10.17803/1994-1471.2018.94.9.232-242
- Jan 1, 2018
- Актуальные проблемы российского права
The article analyzes the current environmental legislation of the Russian Federation, as well as changes introduced since January 1, 2015. Federal Law of July 21, 2014 No. 219-FZ "On Amendments to the Federal Law 'On Environmental Protection' and certain legislative acts of the Russian Federation". Legal relations being developed in the environmental field are distinguished by complexity and diversity. The author notes that modern legislation in the field of environmental protection is characterized by a significant number of imperfections (gaps, conflicts), declarative, reference, duplicate norms, incomplete legal definitions and insufficient regulation of the mechanisms for implementing legal regulations. By virtue of Art. 3 of the Federal Law "On Environmental Protection" one of the most important principles of environmental activities is the principle of respecting the right of everyone to receive reliable information about the state of the environment, as well as the participation of citizens in making decisions regarding their rights to a favorable environment. However, the Federal Law "On Environmental Protection" itself lacks specific legal mechanisms for the implementation of this principle, as well as the definition of the concept of "environmental information". According to the author, securing the definition of "environmental information" and revealing its content in the Federal Law "On Environmental Protection", the legislator will not only fill a significant gap in the legal regulation of this sphere of public relations, but also make a significant step in the implementation of citizens' constitutional rights to environmental awareness.
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