Legal Procedures in Regulation of the Provision of Land for Burial

Abstract

The purpose of the article is to analyze the content of the legal procedure for providing land plots for burial. The article considers the law enforcement aspects of the implementation of this legal procedure based on the analysis of the norms of the current Russian legislation on the funeral business. The subject of the article is the norms of Russian legislation on burial and funeral business. Based on the analysis of the stages of the provision of municipal services for the provision of land plots for burial, the procedural-declarative nature of the implementation of the right to burial is substantiated. The participants of the relevant legal procedure are identified and the sequence of actions in the provision of this service is determined. In the course of writing the article, modern methods of scientific knowledge, both general scientific and private, were used. The author used methods of analysis, synthesis, inductive-deductive method; the analysis of the Russian legislation on burial and the funeral business was carried out using the formal legal method. As a result, the main directions for improving the legal regulation of the legal procedure for the provision of land plots for burial are proposed; the place of legal procedures in the matter of meeting the socially significant need in organizing the burial place of a deceased person is determined. The author concludes that the procedure for the provision of land plots provided for by law is of an administrative nature, since it is carried out as part of the procedure for the execution of state or municipal services. The specific nature of the limited rights to the burial place allows us to consider the regime for using the land plot provided for burial as a unique land-legal regime that requires proper legislative registration.