Subjects of land legal relations: concept, classification, rights and duties

The concept of land legal relations isquite extensive and complex in structure. This is due to many reasons. First of all, specificity is related to the object of legal relations - land. In addition, the legal status of persons entering into interaction is of no small importance. Let's consider in detail the concept of land legal relations and the elements associated with it.

General information

Land legal relations are called actualsocial interactions, which are the result of volitional active behavior of people in relation to allotments. They are regulated by the norms of the LC and other federal laws. In legal acts, the grounds for the formation and termination of land legal relations, the legal status of the persons joining them are determined.

Specific structure

As mentioned above, the complexity of interactions is determined by various factors:

• Features that the subjects and objects of land legal relations have.
• Features of regulatory regulation.

Among the key elements of interactions are:

• The legal provisions on which the relationships are based.
• Subjects and objects of land legal relations. The activities of the former are regulated by the relevant norms. The second act as, in fact, the subject, about which there are legal relations.
• Content of interactions. It is formed by the rights of subjects of land legal relations and the prescriptions established for them. The content also includes actions aimed at their implementation.

Classification of land relations

It is conducted on different grounds. For example, in accordance with the content of legal relations are classified by key institutions of law. In particular, the interactions associated with:

• property;
• state administration of the territory;
• use of allotments;
• protection of land rights.

Interactions are differentiated by type of ownership. It can be private, municipal or state.

Orientation of legal provisions

There is also a classification of land relations in terms of the direction of their regulatory standards. On this criterion distinguish:

• Material interactions. They are regulated by the rules that define the requirements and rights of the subjects relating to the land itself. These interactions are formed about the implementation of established regulations and legal possibilities.

• Procedural legal relationship. They are expressed in special norms. These provisions determine the grounds for the origin and termination of land legal relations, their implementation. The way of using legal possibilities and the fulfillment of statutory requirements is also regulated.
• Regulatory interactions. They are formed when implementing norms that do not apply to the application of legal responsibility.
• Protective interactions. The emergence of these legal relationships is caused by violation of the prescribed regulations. They are implemented in the process of applying responsibility measures to the guilty person.

Activity focus

According to this criterion, land relations are differentiated into interactions related to:

• keeping the state cadastre;
• planning the use and protection of the territory;
• granting and withdrawal of allotments for public and state needs;
• land management and planning of settlements;
• implementation of state control over the use and protection of lands;
• monitoring;
• resolution of disputes.

Additional categories

In addition to the above, land legal relations can be:

• Common. They arise in typical cases.
• Specific. These legal relations are formed in special situations.

Interactions are also divided depending on the certainty of the persons entering into them. On this criterion distinguish:

• Relative interactions. They accurately determine the participants of land legal relations.
• Absolute relationships. They suggest that the empowered persons are opposed by an indefinite circle of people or organizations that must comply with certain regulations.

Subjects of land legal relations

In Russia, the whole territory is instate, private, municipal and other forms of ownership. The subjects of land legal relations are persons whose activities in the framework of interactions concern the allocation, seizure, use, management, possession, disposal of allotments. Their legal status is determined by industry standards. The Russian Federation and its regions act as subjects of land legal relations connected with state property. The administrative-territorial units represented by local self-government bodies (one of which, in particular, may be the Department of Land Relations) enter into interactions concerning allotments that are in municipal ownership.

Such territories are within the boundaries of the MoD. All other subjects of land legal relations - some state and municipal authorities, legal entities and citizens. They carry out the use, management, protection of territories. Yurlitsa and citizens as subjects of land legal relations enter, among other things, in interaction over private and common property.

Legal status

As subjects of legal relations canto act as persons who have sufficient rights to enter into them. Another condition for the acquisition of status is the ability to comply with statutory requirements. The complex de-and legal capacity, as well as the freedoms and interests of the subjects, determines their legal position in the system of legal relations. The status of individuals depends on a number of circumstances.

They include:

• Type of subject.
• Behavior that has legal significance.
• Features of the object.
• The situation in which the functions of a person are realized, if it is determined by law.

The powers are divided into general and special. The first to have all the people involved in the interaction. Special powers are characteristic only for certain categories of subjects.

Features of the territory

All the lands of Russia are divided into categories in accordance with quality, purpose and other criteria. The following classification is legally fixed:

• Territory of agricultural purpose. They act as a key means of agricultural production. These lands are considered the most important in the country.
• Territory of settlements. They are used to serve cities, cities and other administrative units.

• Special purpose lands. These territories are used by industrial, transport enterprises, communications organizations, television and radio broadcasting, space support and informatics, defense, and energy.
• Specially protected land. These include the territories of nature reserve, nature protection, recreational, cultural and historical significance, national, biosphere and other reserves, state reserves, botanical gardens, resorts, health-improving zones.
• Forest fund.
• Earth reserve. They represent reserve territories.
• Water fund.

ZK RF

In the Land Code, the objects of legal relations are defined as follows:

• Natural resources.
• The plot. It is part of the land that is separated from other plots. On the terrain, it is designated by boundaries.
• Parts of allotments.

In the normative act it is established that landshare in a section that is in common ownership, act as independent objects of rights. On the ground, such parts are not marked.

Content of interactions

The essence of land legal relations isthe aggregate of duties and legal capacities of persons entering into them. They are realized through the implementation of certain actions or refraining from this. The legal possibility of a person expresses a measure of acceptable behavior. It is guaranteed by law. The duty of the subject of land legal relations is the model of the proper conduct of the person.

Legal Possibilities

The specific rights of the subjects are independing on their status, features of the site, type of interactions. The legal capacity of individuals can be divided into 2 categories. The first includes the right to specific behavior. It is expressed in action or inaction. The first includes:

• Ways of implementation.
• Types of actions that are permissible to perform.

The right to omission may be partial orcomplete With regard to the ability to demand, it can be implemented in a judicial and administrative procedure. The rights of persons entering into land relations have a subjective character. Their implementation depends on the will of the carrier. In this case, the subject can use or not use them without bearing responsibility.

Proper behavior

Responsibilities of the subject, as a rule, correspond to certain legal possibilities of another person. Proper behavior can be expressed in the requirement:

• Do something.
• Do not allow a certain behavioral act.

Responsibilities are subject to exact execution under the threat of application to the subject of measures of responsibility and the appearance of adverse consequences for him.

Legal facts

They act as the basis ofland relations. Legal facts can also cause changes in the content of interactions. Due to some events, the relationship may stop. There are the following types of legal facts:

• Installing. They act as the basis for the emergence of land relations. For example, in the process of issuing a rental agreement, the parties enter into interaction related to the use of the plot. When concluding a pledge agreement, credit relations appear. At the same time, the party to the transaction receives limited legal opportunities to use the allotment.
• Altering.
• Terminating. When they appear, interactions cease to exist. In the LC set an exhaustive list of events entailing the termination of land relations.

Characteristic

Every entitlement, alter orthe terminating fact can be expressed in the form of an event or action. The first include the circumstances that appear regardless of human will. Events can be relative and absolute. The latter are phenomena that have no direct connection with the activity and will of a person. For example, these are all sorts of natural disasters. Relative is called the events that arise as a result of human activity, but occurring against his will. Behavior in land law is considered in various aspects.

For example, under it understand:

• The actions of legal entities and citizens, government and other bodies.
• The inaction of the subjects.
• The legal status of persons entering into the interaction.

In turn, the behavior may be lawful or illegal.

State property

State acting as a subjectland relations, operates through a complex of competent authorities. The powers relating to ownership are distributed between them. Taking into account the federal structure of the country, the existence of a two-tier government, it was decided that the right of state property exists in the regional and federal form. The latter applies to territories, plots and their parts that do not belong to private individuals, municipalities and organizations. This provision is fixed by the 214th article of the Civil Code. In the AC, Art. 16-18 it is established that state property is represented in the country in three forms: federal, regional and municipal. In accordance with this, the following conclusion can be drawn: state ownership is clearly demarcated between the federal center, regions and municipalities. It is subject to a special legal regime established by the LC and other regulatory acts.

Types of state property

This category includes property that legally belongs to the Russian Federation. The federal property is the territory:

• Referred to the property of the Russian Federation Federal Law.
• The right to which appeared in the delimitation of state property.
• Acquired in accordance with the provisions of the Civil Code.

Regions belong to the area:

• Recognized as the property of the subjects of the Russian Federation in accordance with the Federal Law.
• Acquired by regions in accordance with the Civil Code.
• The right to which appeared in the delimitation of state property.

In the possession of the regions may be territories not transferred to individuals. These include, for example, the plots:

• Employed by real estate owned by regional authorities.
• Provided to governing bodies, unitary enterprises and government agencies.
• Referred to the category of specially protected land of forest and water funds, etc.
• Engaged in privatized objects that were previously in regional ownership.

Realization of rights on behalf of the subjects of the Russian Federationcarried out by authorized bodies within their competence. Prior to the delimitation of state property, the disposal of territories is carried out by local government structures (for example, the Department of Land Relations), unless otherwise provided for in the Land Code or regional legislation.