Transfer of agricultural lands to lands of other categories: some issues of theory and practice of law enforcement

Abstract

The Federal Law "On the Transfer of Lands or Land Plots from One Category to Another" (hereinafter referred to as Law No. 172-FZ) was adopted in December 2004. Since then, the socio-economic situation in the country and the legislation have changed significantly. However, they were not actually reflected in the Law, since only minor changes were made to it during almost 19 years of operation of the law. Over the past time, a lot of experience has been accumulated in theoretical understanding and practical application of this law, which is discussed in this article. The author does not pretend to be a comprehensive disclosure of the topic, since it is impossible to do this in one article. Nevertheless, the article reflects the author's position on a number of controversial issues of the theory and practice of legal regulation of the relations under consideration.The scientific novelty of the work consists in the study on the basis of formal legal and comparative legal methods of the latest judicial practice, the formulation of proposals to eliminate the legal uncertainty identified in the course of the work of some concepts used in the Law and other proposals to improve legislation in the field under consideration. In the light of solving the problem of rational use of agricultural land and preventing the unjustified disposal of agricultural land from use in the agricultural sector, the scientific understanding of controversial theoretical and practical issues of the transfer of these lands to lands of other categories is of particular relevance.