Legal Regulation Of Land Relations Research Articles

Land reform in the Republic of Kazakhstan: Problems of legal regulation of land relations

Relevance. The relevance of the study is due to the need to resolve problems in the agricultural sector, which consist in violations of current legislation and reducing the level of efficiency of the functioning of the segment under study. Purpose. The purpose of the study is to analyse the regulatory framework for the legislative regulation of land relations in the Republic of Kazakhstan. Methodology. Methods such as dogmatic, legal hermeneutics, logical analysis, deduction, induction were used. Results. In the course of the study, the legal framework and the relevant application practice were examined. In this regard, problematic aspects, shortcomings, and contradictions of the contained norms were identified. The importance of reforming the agrarian economy was noted, which consists in the organisation of cooperatives and joint-stock enterprises without the involvement of the state. It was identified that this necessity lies in the importance of a system of broad cooperation for the effective implementation of activities on combined land plots and individual means of production, increasing the productivity of agriculture, and rational use of land resources. It was noted that it is necessary to ensure the full exercise by agrarian organisations, citizens, and foreign persons of the right to land, establish the terms of transactions that will exclude the possibility of their embezzlement, irrational use, speculation, transfer to other categories. Conclusions. It was identified that it will be influential to create a special law and introduce norms into other acts, which will contain norms on a more detailed procedure for the targeted use of land, regulate monitoring and control, and features of limited turnover. The practical value of the results obtained lies in the development of recommendations, the implementation of which in law enforcement practice will provide an opportunity to increase the level of efficiency and quality of legislative regulation of land relations.

Constitutional foundations of the right of land ownership in the Republic of Dagestan in the conditions of market economy

The article deals with the issues of legal regulation of land relations, the introduction of the right of private ownership on agricultural land in the Republic of Dagestan, the turnover of agricultural land, and state accounting and registration of real estate in the Republic.

Formation of legal support of climate-protective farming in Ukraine: problems under martial period

Formation of legal support of climate-protective farming in Ukraine: problems under martial period

State regulation and management of the system of ownership and use of agricultural land. Part II

A huge country, sparsely populated over large areas, with an abundance of natural resources, inherited from the ancestors, this is a blessing and a burden at the same time - the territory and resources must not only be protected from envious neighbors and countries that are historically accustomed to obtain natural resources at an inexpensive price, but also populate and equip vast territories by establishing production, and not mainly engage in gathering and selling the gifts of nature, constantly being in a state of “lagging development model”. With an abundance of land resources, and at least half of the untapped potential of productive agricultural lands, the ever-increasing need for food in the world creates geopolitical and economic opportunities for increasing agricultural production through a more complete use of vacant agricultural lands of the Non-Black Earth Region and intensification of agriculture in regions with more fertile black soil. Land policy plays a decisive role in realizing the existing opportunities to increase agricultural production, legislation, and the quality of legal regulation of land relations, management of the use of productive agricultural land, institutional environment and land management infrastructure. The article considers long-term problems of land policy, land legislation, the quality of regulation and management of land resources in agriculture and the need to determine ways and means of their improvement. “Administrative labor occupies a dominant position in relation to executive labor, as well as to the services of the land. It forms “the third factor” of production (capital + land + labor. A significant part of capital is knowledge and the organization of production). Labor is as passive as natural objects (for economic theory). Labor and land are just an instrument” (Josef Alois Schumpeter, 1883-1950, Theory of Economic Development, p. 69).

State regulation and management of the system of ownership and use of agricultural land

A huge country, sparsely populated over large areas, with an abundance of natural resources, inherited from the ancestors, this is a blessing and a burden at the same time - the territory and resources must not only be protected from envious neighbors and countries that are historically accustomed to obtain natural resources at an inexpensive price, but also populate and equip vast territories by establishing production, and not mainly engage in gathering and selling the gifts of nature, constantly being in a state of “lagging development model”. With an abundance of land resources, and at least half of the untapped potential of productive agricultural lands, the ever-increasing need for food in the world creates geopolitical and economic opportunities for increasing agricultural production through a more complete use of vacant agricultural lands of the Non-Black Earth Region and intensification of agriculture in regions with more fertile black soil. Land policy plays a decisive role in realizing the existing opportunities to increase agricultural production, legislation, and the quality of legal regulation of land relations, management of the use of productive agricultural land, institutional environment and land management infrastructure. The article considers long-term problems of land policy, land legislation, the quality of regulation and management of land resources in agriculture and the need to determine ways and means of their improvement. “Administrative labor occupies a dominant position in relation to executive labor, as well as to the services of the land. It forms “the third factor” of production (capital + land + labor. A significant part of capital is knowledge and the organization of production). Labor is as passive as natural objects (for economic theory). Labor and land are just an instrument” (Josef Alois Schumpeter, 1883-1950, Theory of Economic Development, p. 69).

ЗЕМЛЯ ЯК ОБ'ЄКТ ПРАВА: ЗАГАЛЬНА ТЕОРЕТИКО-ПРАВОВА ХАРАКТЕРИСТИКА

The article reveals the relevance of the research topic, taking into account such factors that affect the mechanism of legal regulation of land relations, such as the composition of Ukrainian lands, the full-scale invasion of the Russian Federation on the territory of Ukraine, the influence of the object of land relations on their occurrence. We emphasize that the full-scale invasion of the Russian Federation on the territory of Ukraine, including had a negative impact on the regulation of land relations in general and the legal regime of certain categories of land (in particular, temporarily occupied territories, land contaminated by chemical substances from explosions, oil products, unexploded ammunition and mines, etc.), which in turn also requires thorough scientific research of land legal relations and their separate elements, in particular the object of land relations. The study of the general theoretical and legal characteristics of land as an object of law is based on philosophical and general legal approaches to understanding the concepts of "object", "object of law" and "object of legal relations", the theory of legal schools, legal traditions of land law, normative and legal approaches of individual countries of the post-Soviet space. It is emphasized that the land belongs to the category of "general object of land relations" regardless of its purpose, category and form of ownership. It is substantiated that land is a component and product of nature; property with a special legal status; universal, complex, valuable, immovable and space-limited object of production; the basic space for the functioning of the state and people's lives. Land acts as an element of ecological, social and economic component of social relations. Such specific features of land as an object of legal relations determine a special regime of its legal regulation. It is emphasized that land as an object of legal relations is often considered as a complex legal phenomenon, which includes such elements as "land plot" and "individually determined land share (share)". Land legislative practice is distinguished by the division of land into separate categories depending on the characteristic features and properties of each category. This division of land into categories depending on geological and climatic conditions is noted in the legislation of a number of countries (for example, Ukraine, Uzbekistan, Georgia, etc.) and forms special legal regimes for each category. It was noted that the prospects for further exploration in this direction are the following aspects: determination of the legal status of the lands that are under the temporary occupation of the Russian Federation; change of land category due to contamination by chemical substances from explosions, oil products, unexploded ordnance and land mining; holding the Russian Federation and its representatives accountable for ecocrimes and compensating material damages caused to the environment and land owners; formation and implementation of soil restoration programs, etc.

ПРАВОВЕ РЕГУЛЮВАННЯ ЗЕМЕЛЬНИХ ВІДНОСИН У ГАЛИЧИНІ У СКЛАДІ АВСТРІЇ ТА АВСТРО-УГОРЩИНИ (1772–1918 РОКІВ)

The article reveals the peculiarities of the formation and development of legal regulation of land relations in Galicia as a part of Austria and Austria-Hungary (1772–1918). It is noted that such legal regulation was carried out on the basis of individual imperial patents, ministerial orders and instructions, and starting from 1861, decisions of the Galician Regional Diet were added to them. A separate complex normative legal act - the land code in the modern sense of the term, which would regulate land relations at the time under study, did not exist in the Habsburg monarchy. Only after the adoption of the Civil Code in 1811, it was possible to unify a number of aspects in the field of legal relations in the land sector. But even in that case, the Civil Code of 1811 actually regulated only what arose from the property rights to a land plot, providing a number of norms, the purpose of which was to protect the rights of noble property. In 1828, a new land cadastre called «definitum» was introduced in Galicia, which operated until the beginning of the Second World War. Another change in the legal regulation of land relations in Galicia took place after the «Spring of Nations» revolution. On June 7, 1883, the Comassation (Combination of Land Plots) Act was passed. The latter, in particular, provided for the right to combine land plots with the participation of representatives of the authorities and in accordance with the current legislation. Austrian civil law recognized land as unlimited property with the right of «use» and «abuse». However, there was a difference in the legal status of individual lands. In particular, the subject who owned the land did not have the right to divide it, pledge it, or even inherit it. At the same time, the court (dominia) did not have the right to divide this land or exchange it for another without government permission. Also, with the permission of the government, the yard could remove an unwanted peasant from the soil, but it was necessary to plant another one in his place. Restrictions on the ownership, tenure or inheritance after the abolition of manor in 1848 became much less, as they were no longer determined by manor relations. After the abolition of the master's power over his subjects and the transformation of the peasants into the subjects of the emperor, the state placed the peasants under the jurisdiction of the public authorities. Urbarial relations were recognized as a sphere of private law civil relations. But even despite the gradual improvement of the legal framework for the regulation of land ownership, land use, lease, pledge or inheritance, vestiges of patrimonial law were preserved and constantly revived in land relations.

Features of the emergence of land rights in Ukraine under martial law

The article is devoted to the analysis of the peculiarities of the order of origin of land rights in Ukraine under martial law. It is established that under martial law the requirements of the legislation on the formation of land registration, not adapted to the new realities, and in fact from February 24, 2022, the formation and registration of land was suspended due to the temporary suspension of electronic state registers. Therefore, in such conditions, with the use of intensive agricultural production, there was an urgent need to create a legal framework for simplified access to land. At the same time, it is emphasized that in the conditions of external aggression against Ukraine it is necessary to develop a new legal framework that highlights the need for scientific understanding of changes caused by the war in legal regulation of land relations and the formation of scientific basis for their justification. In this regard, it is extremely important to study the problems and peculiarities of the order of origin of land rights in martial law. In addition, the article analyzes the latest regulations in the field of land relations under martial law and identifies their features. Arguing that the legislation of Ukraine of the «war» period of introduction simplifies the legal mechanisms for settling relations in the field of acquiring the right to use as soon as possible the use of agricultural land for food production. Also, the legislator in the first place to put the interest of society, while the interests and desires of owners and users of land in some cases may be out of place. It is emphasized that the recent history and challenges of Ukraine, what the state faces, are unprecedented decisions to solve many problems of Ukraine’s economy and to repel external armed aggression. Attention is drawn to the fact that it is important in martial law to ensure an adequate level of legal protection of land rights in Ukraine. The conclusion is substantiated that it is necessary to take into account the problematic aspects of «pre-war» legislation of Ukraine and not repeat the mistakes of previous years, ensuring stability and system of state policy in land relations in wartime, in order to form further offenses in the field of land rights. Key words: land rights, martial law, public interests, state registration of right

Legitimate land interests and prospects of their implementation in the conditions of digitalization of land relations

Legitimate land interests and prospects of their implementation in the conditions of digitalization of land relations

Principles of land law of Ukraine

This article is devoted to topical issues of legal regulation of land relations in the state.
 One of the central issues of land relations in Ukraine - the issue of principles of land law - is studied.
 The purpose of the study is: analysis of the principles of land law of Ukraine, definition of the principles of land law, classification of the basic principles of land law.
 The author considers the main criteria for classifying the principles of land law.
 The concept of principles of land law is defined.
 Principles of land law are the basic guiding principles, significant ideas, postulates, which are reflected in the laws and regulations of the state and which follow from the content of legal norms, legal doctrine and case law.
 The author draws attention to the fact that the principles of land law are legally enshrined in both the Constitution of Ukraine and the Land Code. The scientist notes that the above principles are embodied in the basic legal norms and institutions of land law.
 The importance of the principles of land law is subject not only to the legal regulation of land relations, but in some cases serves as a means of overcoming gaps in land law.
 The most common qualifications of the principles of land law are studied.
 One of the new and extremely important principles of land law was the principle of digitalization.
 All subjects of land relations must adhere to the principles of land law.
 The principles of land law are designed to provide ideological guidance for the improvement and development of land law.
 In particular, they encourage the implementation of progressive ideas in the new land legislation by amending numerous legal acts, and as a result, contribute to the improvement of judicial practice in resolving land disputes.
 The author claims that the principles of land law are being changed and clarified in accordance with changes in state policy in the field of land relations.
 Based on the analysis of normative-legal and legislative acts, scientific literature, the author has developed and substantiated the conclusions of the research.

LEGAL ASPECTS OF ALLOCATION OF LAND FOR CONSTRUCTION OF PUBLIC ROADS

The article reveals the theoretical issues and the procedure for allocating land for the construction of public roads.
 The road system is an integral part of the national unified transport system. Over the years, the composition of the traffic flow has changed, the road network has expanded and planning has improved. Also, the networks of international and domestic transport corridors were expanded and the road infrastructure was modernized.
 Solving the problems of the road complex development of Ukraine requires significant streamlining on the basis of modern innovations. It is determined that the economic, social and environmental components are the basis of the Transport Strategy of Ukraine for the period up to 2030. Positive results cannot be achieved without taking into account the national characteristics of the entire industry management system. Therefore, to ensure the integrity of the system in the industry, it is necessary to have in-depth analysis of key aspects of traffic characteristics.
 The complexity of the legal regulation of land relations in the field of road transport determines the urgency of solving the problem of rational land use, and its legal framework requires further study and implementation in economic activities.

SUBSTANTIATION OF THE NEED TO DEVELOP A MECHANISM FOR RESOLVING CONFLICTS IN THE LAND LEGISLATION OF UKRAINE

The problems of developing an effective mechanism for resolving conflicts in the land legislation of Ukraine are investigated in a publication. It is proved that contradictions of key issues of legal regulation of land relations in Ukraine reduce the effectiveness of the mechanism of legal regulation of land law, so a clear mechanism is needed to prevent and resolve, overcome and eliminate such phenomena as conflicts that hinder the development of land legislation in Ukraine. It is established that the conflict of land legislation of Ukraine should be considered as conditioned by objective and subjective factors of social development, a state of formal contradiction between the norms of law aimed at regulating the same relations in the field of rational and purposeful use, integrated reproduction and effective protection of land, which creates difficulties in law enforcement activities. Objective factors that cause the conflict of land legislation of Ukraine include conservatism of land law and dynamics of land relations. Subjective factors that cause the occurrence of conflicts in the land legislation include the absence of the Concept of development of land legislation of Ukraine, low level of professional training of the legislator, violation of the rules of legal technology, inconsistency of rulemaking in the field of legal regulation of land relations, inadequate systematization. The development of an effective mechanism for overcoming the conflict of land legislation of Ukraine in order to create an optimal model of legal regulation of land relations is proposed. Such a mechanism for overcoming the conflict of land legislation should be a set of legal means, methods and procedures aimed at preventing new ones, eliminating and overcoming existing conflicts in the land legislation of Ukraine.

Digitalization in the field of land use: legal aspects

Motives: In the near future modern technologies enable to create an environment for a high-tech digital platform for land use, which will ensure the minimization of the human factor, accompanying corruption and errors, automate the collection of statistical, tax and other reports, and ensure decisionmaking based on an analysis of the real situation. It is important to mention that the President of Russia has identified digital transformation as a national development goal until 2030. Aim: The purpose of the article is to research the legal problems of digitalization of land use in Russia. The authors implement an attempt to consider comprehensively various aspects of the digitalization of land use in agriculture, forestry, as well as on industrial and other special-purpose lands. Results: The research methodology is based on scientific methods such as dialectical, logical, predictive methods, system analysis, content analysis, as well as private scientific methods (statistical, technical legal, comparative legal methods). The authors consider the legal problems of digitalization of land use as the initial, basic directions enshrined in strategic planning documents that underlie the legal regulation of land relations in Russia. The article also highlights the issues of land use and the inclusion in the economic turnover of territories affected by both anthropogenic human activities, man-made and natural emergencies.

SUDEBNIK 1589: FEATURES OF THE LEGAL REGULATION OF PEASANT LAND OWNERSHIP AND LAND USE IN NORTH-WESTERN RUSSIA

The article is devoted to the legal review of the monument of law of the last quarter of the XVI century – the Sudebnik of 1589, namely, its norms on peasant land ownership and land use. The article analyzes the legislative regulation of land relations in the north-western lands of Russia with the help of historical-legal and comparative-legal methods. To summarize the results of the study, the authors also considered the norms of the Judicial Code of 1550, which regulate the above-mentioned circle of public relations, but are applied in the central regions of Russia, where serfdom existed and actively developed. The comparative characteristics of the legal regulation of land relations among the peasantry in these legal monuments allow us to assert the interdependence of the rights of the Russian landowner on the territorial factor. The authors come to the conclusion that the peculiarity of the legal regulation of land relations in the Judicial Code of 1589 was interconnected and mutually conditioned by the specifics of the social and social structure of Pomerania, on the territory of which its norms were distributed, and where, unlike the central regions of the Moscow Kingdom, the peasant population lived free from serfdom.

Land law principles in the post-soviet states

The purpose of the article is to conduct a comparative analysis of the legal technique of enshrining the principle of land law in a number of post-Soviet states. The study sources are the Constitutions and Land Codes of the post-Soviet states enshrining the land law principles. The methodological basis of the study consists of the formal-legal analysis (interpretation method) of normative legal acts and the comparative-legal method. The authors consider the land law principles as the initial, basic normatively fixed ideas underlying the legal regulation of land relations. In Armenia, Belarus, Kazakhstan, Kyrgyzstan, Russia, Tajikistan, Uzbekistan, and Ukraine, the primary land law principles are enshrined in Constitutions and Land Codes. The minimum number of land law principles enshrined in the Land Codes of post-Soviet states ranges from five to twelve. Simultaneously, in the legislation of any state, there is no exhaustive list of land law principles.

Особенности разрешительного типа правового регулирования земельных отношений

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.

Digitalization of land relations and law in Ukraine: methodological and theoretical aspects.

The article examines the methodological and theoretical issues of the formation of legal support for the digitalization of land relations in Ukraine. The author points out that the digitalization of land relations causes "profound" changes in their legal regulation and determines the clarification of the basic principles of land law of Ukraine. Thus, with the adoption of the Law "On National Infrastructure of Geospatial Data" laid the beginning of the formation in the land legislation of Ukraine the principle of availability of public data on land, which symbolizes the beginning of the era of digitalization of land relations. The essence of this principle is that all information provided by law and created in the process of maintaining the relevant state registers of land and related natural and other resources (geospatial data) as a multifaceted object of land and other legal relations are available to subjects of such legal relations in real time in the official form and to the extent that such access is provided by the computer equipment and software used by such subjects. As stated in the Concept of Development of the Digital Economy and Society of Ukraine for 2018–2020, digitization is the saturation of the physical world with electronic-digital devices, tools, systems and electronic communication between them, which actually allows integrated interaction of virtual and physical, ie creates cyberphysical space. In our opinion, this definition of digitization cannot be considered as correct. Firstly, saturation of the physical world with electronic-digital devices, means, systems and the establishment of electronic-communication exchange between them is neither the essence nor the purpose of digitalization, but is only a way to implement it. After all, the saturation of the physical world with electronic-digital devices can lead to any social result – both positive and negative. Secondly, the provision of integrated interaction of virtual and physical - the creation of cyberphysical space does not indicate how such cyberphysical space differs from ordinary physical space, in which social relations arise and are regulated by law. Therefore, the concept of digitalization needs to be clarified taking into account the specifics of the legal regulation of land relations. It is proved that the legal norms regulating the digitalization of public relations are an integral part of the administrative, civil, land and other branches of law. The conclusion is substantiated that the legal infrastructure of digitalization of land relations includes legal support for: 1) collection and formation of a system of information about the land using its remote sensing; 2) formation of promptly updated land databases; 3) the formation of a system of registers, portals and other service mechanisms that guarantee and provide access to such databases and the use of information about land in land legal relations. The author proves that legal support for digitalization of land relations is their legal regulation, the basic basis of which is information about the land (data-based legal regulation), which with the help of appropriate software includes the dynamics of qualitative and quantitative state of land in the mechanism of legal regulation of land relations, transforming this dynamic in such dynamics of land legal relations at which negative and positive changes in a condition of the earths automatically cause emergence, change, specification of the rights and duties of their subjects and form preconditions for application of the legal influence provided by the legislation on those subjects whose activity or inaction caused negative consequences in the condition of the lands. Finaly analysis of the modern system of land information required to ensure the digitization of land relations, gives grounds to identify such key components of its legal infrastructure as: 1) collection and formation of a system of such information through remote sensing of land (remote sensing); 2) formation of operatively updated land databases; 3) formation of a system of registers, portals and other service mechanisms, which guarantee and provide access to such databases and the use of information about land in land relations. Each of the selected elements of the system of information use in the process of digitization of land relations has a special legal mechanism.

Deregulation in the Field of Legal Regulation of Land Relations or the New "Land Constitution"

Deregulation in land relations involves the elimination of unnecessary bureaucratic procedures. At present, one of the priorities in Ukraine is the transformation of the State Geocadastre into a service-oriented service, where services will be provided to all interested people. In turn, this will give owners and entrepreneurs the opportunity to save time and money, while also minimizing corruption risks. On April 28, 2021, the Verkhovna Rada of Ukraine adopted the Law of Ukraine « On Amendments to the Land Code of Ukraine and Other Legislative Acts to Improve the System of Management and Deregulation in the Sphere of Land Relations » , popularly known as the new Land Constitution. This article aims to reflect how this bill is revolutionary in the legal regulation of land relations. This law introduces radical changes to 6 codes of Ukraine and 24 laws of Ukraine. Significant changes in legislation are taking place over time, which lead to a new challenge for communities, opportunities for development, filling their own budgets, building a policy on the rational use of such an important and limited resource – land. The changes provide for the redistribution of powers in the field of land management in terms of their territorial affiliation, as well as the redistribution of powers in terms of control over the use and protection of land. The powers of the State Geocadastre are also changing due to the deregulation of a number of current functions, for example, the state examination of land management documentation is being abolished. O ne of the most important innovations in the procedure of forming the site is the abolition of the state examination of land management documentation. The article reflects that the Law affects a broad layer of regulation of land relations and makes significant changes in the legal field of land.

ПОЛНОМОЧИЯ ОРГАНОВ МЕСТНОГО САМОУПРАВЛЕНИЯ ПО УСТАНОВЛЕНИЮ ЦЕЛЕВОГО НАЗНАЧЕНИЯ ЗЕМЕЛЬ И ЕГО РАЗРЕШЕННОГО ИСПОЛЬЗОВАНИЯ: АНАЛИЗ ТЕОРЕТИЧЕСКИХ ПРОБЛЕМ

The study aims to determine the powers of local authorities in defining the legal regime of lands and to study problems in this area. Legal uncertainty in the relationship between territorial planning and urban planning zoning, the inconsistency of the three basic federal laws regarding the powers of urban and rural settlements to establish land use and development rules have been revealed. The impossibility of replacing urban planning zoning with a territorial one is argued. The research methods are the dialectical method of cognition, general methods of formal logic, certain general research methods (systems aspect, analysis of regulatory legal sources), and specific methods of law (formal-logical method of interpretation of law, comparative legal method). Based on the study, the following conclusions are made. (1) There is still legal uncertainty on the issue of zoning, which is contained in documents of different legal force – results of territorial planning and urban planning zoning: the site plan, which is equal in the status to a regulatory legal act and rules of land use and development. At the same time, the text of the site plan does not meet the requirements of legal technology in contrast to rules of land use and development. To eliminate internal contradictions in the legislation, it is proposed to fix the correlation of the site plan and the rules of land use and development in a codified urban planning law, and to establish requirements for the development of the site plan. (2) Urban planning and land codified laws do not distinguish between the powers of urban and rural settlements in the field of approving land use and development rules (Part 3 of Article 8 of the Town Planning Code of the Russian Federation, Paragraph 1 of Article 39.30 of the Land Code of the Russian Federation). Moreover, the approval of land use and development rules was removed from the rural settlement’s issues of local importance and transferred to the municipal areas (Part 4 of Article 14 of Law No. 131-FZ). Consequently, the different interpretation of the categorical elements of issues of local importance leads to an ambiguous understanding of municipal rights and obligations. The author considers it necessary to bring the norms regarding the powers of local self-government contained in the industry laws in line with the norms of Law No. 131-FZ. (3) In order to improve the state policy on the use of the land fund of Russia, it is planned to replace urban planning zoning with territorial zoning, which involves the removal from circulation of the principle of dividing land for its intended purpose. It has been established that territorial zoning performs only the functions of detailing and concretizing the legal regime of the corresponding land plot. In this regard, the principle of dividing land into categories for the intended purpose should be considered as the main principle of legal regulation of land relations arising from the provisions of Article 9 of the Constitution of the Russian Federation.

Formation of legal regulation of land relations in Poland (1919–1921)

The article is devoted to the historical and legal analysis of the problems of formation of legal regulation of land relations inPoland (1919–1921).The first important normative legal acts of Poland concerning the legal regulation of land relations are analyzed, in particular theLand Law of 1920 and the Constitution of 1921. It is noted that the Law on Land Reform, adopted on July 15, 1920, consisted of threeparts: 1) Land stock (Articles 1-5); 2) Compulsory redemption and redemption price (Articles 6-22); 3) parcelling (Articles 23–37). Thelaw of 1920 provided for: 1) an increase in the amount of land subject to alienation and intended for parcelling and settlement; 2) divisionof all state and state-acquired lands from its former owners; 3) compensation for landed and ecclesiastical lands that exceeded themaximum norm, in the amount of half of their average market price (Article 13); 4) forced redemption of movable and immovable agriculturalequipment (it should be noted that agricultural buildings were purchased at a price as of August 1, 1914, ie at the beginning ofthe First World War; the owner of several estates had the right to keep no more than one estate – Article 2 and 14); 5) the possibility ofobtaining a loan to purchase land in the amount of up to 75% of the value of the site; 6) the provision of land primarily to non-agriculturaland small farmers, with priority for war invalids and farm workers (Article 29); 7) transfer of the state parcelling fund to the disposalof the Main Land Administration – a special body for the implementation of land reform (Article 4); 8) deprivation of the rightto land of peasants who evaded military service and / or participated in the occupation of agricultural lands (this, in fact, applied toUkrainians in Galicia who opposed the Polish government). It was established that the following were subject to forced redemption:1) lands “unfairly” distributed before the revival of the Polish state (as we understand, this also refers to lands that the government ofthe Western Ukraine began to distribute as a result of its own reform);2) arbitrarily parceled lands without the permission of the competent authorities; 3) land acquired in the period from August 1,1914 to September 14, 1919 by persons for whom agriculture was not a professional occupation; 4) land appropriated for the purposeof usurious profits; 5) lands that have changed their owner more than twice during the war, except in the case of the death of the owneror the transfer of a plot for road construction; 6) land necessary for the livelihood of cities and industrial centers; 7) abandoned anduncultivated lands.