Особенности разрешительного типа правового регулирования земельных отношений

Abstract

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