The source of law is understood as the consolidation of generally binding legal norms in the following forms: normative legal act, legal custom, judicial precedent, normative agreement. The main role in regulating land relations is played by a normative legal act issued by an authorized public authority, containing the norms of land law in force in a certain territory (the Russian Federation, its subject, municipality), and addressed to the circle of persons indicated in it. Land legislation, which we understand in this case in a broad sense as a set of laws and regulations, can be classified on several grounds.

By criterion kind regulated relations can be distinguished between legislation on land ownership, payment for the use of land, liability for land violations, etc. His analysis shows the intersectoral nature of many land legal institutions, including norms of various sectors.

By criterion level one can distinguish between the Constitution of the Russian Federation, international treaties, federal laws, constitutions (charters) and laws of constituent entities of the Russian Federation, decrees of the President of the Russian Federation, decrees of the Government of the Russian Federation, regulatory legal acts of executive authorities of the Russian Federation and constituent entities of the Russian Federation, acts of local government bodies.

Constitutional norms are important for establishing at the sectoral level specific rights and responsibilities of subjects of land relations. It is worth highlighting Art. 9, 36, 42, 58 and 72 of the Constitution of the Russian Federation, directly devoted to the issues of land use and their protection as an integral and integral part of the environment. As follows from Part 4 of Art. 15 of the Constitution of the Russian Federation, generally recognized principles and norms of international law and international treaties of the Russian Federation are an integral part of its legal system. If an international treaty of the Russian Federation establishes rules other than those provided for by law, the rules of the international treaty apply.

Among the federal land laws, the main place belongs to the Land Code of the Russian Federation, which contains a number of legal guarantees for obtaining ownership of a land plot, including for construction, by citizens and legal entities, establishing the necessary procedures for such provision; resolves the issue of the grounds and procedure for the seizure by purchase of land plots for state and municipal needs; determines the features of land protection, measures of land legal responsibility, etc.

Along with the Land Code of the Russian Federation, land relations are regulated both by “land” laws themselves and by legislative acts of other sectoral affiliations. Among the first should be the Law on the transfer of land from one category to another, the Law on Land Management, the Law on Land Turnover, etc. In the second group we highlight the Civil Code of the Russian Federation, the Civil Code of the Russian Federation, the Tax Code of the Russian Federation, the Law on Environmental Protection, the Law on Local Self-Government , LC RF, VC RF, etc.

Subjects of the Russian Federation have the right to adopt laws regulating land relations that do not contradict only the Land Code of the Russian Federation and other federal laws. This conclusion follows directly from Art. 76 of the Constitution of the Russian Federation and means that if the law of a subject of the Russian Federation on a land issue conflicts with a decree of the President of the Russian Federation, a resolution of the Government of the Russian Federation or an act of a federal executive body, the law of the subject of the Russian Federation will have greater legal force. Land laws of constituent entities of the Russian Federation can be adopted both on issues directly specified in the Land Code of the Russian Federation, and in the order of “advanced rule-making” if a gap is discovered in land legislation. In the latter case, such laws are valid until the adoption of the corresponding federal law, with which they are brought into compliance. Before the adoption of the Land Code of the Russian Federation, in the conditions of the presence of gaps and inconsistencies in the federal regulation of land relations, these acts had the main place in the regulation of land relations.

Decrees and orders of the President of the Russian Federation can be adopted on any issues (except for cases when the RF Land Code provides for the adoption of a federal law) and must not contradict the RF Land Code and federal laws. Some such issues are directly indicated in the text of the RF Land Code. So, according to paragraph 3 of Art. 15 of the Land Code of the Russian Federation, the President of the Russian Federation determines the list of border territories within which land plots are not provided to foreign citizens and legal entities, stateless persons.

Acts of the Government of the Russian Federation regulating land relations can be adopted only within the powers determined by the Land Code of the Russian Federation, federal laws, as well as decrees of the President of the Russian Federation. Consequently, if the above-mentioned normative legal acts do not contain direct references to government acts, then they will not be adopted. For example, the Land Code of the Russian Federation directly defines the powers of the Government of the Russian Federation in terms of transferring land from one category to another (Article 8), taking a number of measures in the field of land protection (Article 13-14), the procedure for conducting auctions (Article 38), etc. d.

Regulatory legal acts of federal ministries, services and agencies as sources of land law are not mentioned at all in the Land Code of the Russian Federation. It is noteworthy that the executive authorities of the constituent entities of the Russian Federation and local self-government bodies are directly authorized to adopt normative legal acts containing norms of land law (Article 2 of the Land Code of the Russian Federation), while, for example, the Ministry of Economic Development of the Russian Federation or another federal executive body has such powers not provided.

Local government bodies have the right to issue normative legal acts regulating land relations, within the limits of their powers. Such acts may establish public easements; the procedure for carrying out municipal land control; maximum (maximum and minimum) sizes of land plots provided to citizens as property on the territory of a municipality for individual housing construction, personal farming, etc. However, the main significance of rule-making by local governments is that it is municipal legal acts - land use and development rules - that determine the legal regime of specific land plots on the territory of a municipality by establishing urban planning regulations for each territorial zone.

Among the sources of land law, one can highlight resolutions and guiding explanations of the Constitutional Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation and the Supreme Court of the Russian Federation. Although officially the legal doctrine does not recognize these acts as sources of law, the recognition by the Constitutional Court of the Russian Federation of a rule of law that does not comply with the Constitution entails the termination of its validity, which can be considered as an act of “negative” rule-making. There are several such decisions of the Constitutional Court of the Russian Federation, which are of utmost importance for understanding the existing system of application of land law norms. Of no less importance are the guiding clarifications of the Plenums of the Supreme Arbitration Court of the Russian Federation and the Supreme Court of the Russian Federation, which are required to be taken into account when considering cases by the relevant parts of the judicial system.

An insufficiently researched, yet objectively existing source of land law is legal custom. The key feature of legal customs is that they are not directly established by the rules of law (in this case they lose the property of a legal custom), however, the rules of law can refer to them. The most developed legal custom is in civil law (business customs). In land law, the following legal customs can be distinguished:

• a) according to sub. 7 paragraph 3 art. 23 of the Land Code of the Russian Federation, public easements may be established for haymaking and grazing of farm animals in the prescribed manner on land plots within periods the duration of which corresponds local conditions and customs;
• b) according to Art. 23 of the Code of Civil Procedure of the Russian Federation, the magistrate has jurisdiction over cases concerning the determination of the procedure for the use of property. Consequently, if there is a dispute about the procedure for using a land plot (for example, between co-owners), such a dispute can be resolved based on local conditions and customs;
• c) the construction of fences along the perimeter of a land plot has the property of legal custom. Thus, the Land Code of the Russian Federation and other federal laws and regulations do not mention precisely this option for the owner to exercise his right of ownership and restrict the access of third parties to his plot. From the point of view of the tasks of individualizing a land plot, it is quite sufficient to determine its area and draw up a boundary plan. Consequently, the construction of a fence (which, sometimes being built of brick, acquires all the characteristics of real estate) is another example of a legal custom;
• d) legal custom plays a large role within individual national and national-religious communities. In this case, the most striking example is indigenous and small peoples. For example, according to Art. 13 of the Federal Law of 05/07/2001 No. 49-FZ "On the territories of traditional environmental management of indigenous peoples of the North, Siberia and the Far East of the Russian Federation" the use of natural resources located in the territories of traditional environmental management to ensure the conduct of a traditional way of life is carried out by persons belonging to the small-numbered peoples and communities of small peoples in accordance with the legislation of the Russian Federation, as well as the customs of small peoples.

Thus, a legal custom in land relations can either be directly mentioned as such, or (which does not contradict legislation and scientific doctrine) exist without a direct reference to the law. Moreover, earlier (according to the Land Code of the RSFSR of 1922), legal custom in a limited form was already recorded as a source of land law. In our opinion, there is a need to supplement the Land Code of the Russian Federation with a norm mentioning legal custom as a source of land law.

To characterize the sources of land law, one should use a common method of classifying them. There are different ways of classification.

First, to understand the structure of legislation, it is necessary to take into account the ranking of regulations along two intersecting lines. According to one, legislation is divided into sectors according to the criterion of the subject of legal regulation: constitutional, civil, administrative, labor, housing. Land legislation also stands out here. According to another, legislation is divided into levels, i.e. There is federal legislation, legislation of the constituent entities of the Federation and regulations of local authorities. The composition of the branches of legislation at each level is partially determined by the Constitution of the Russian Federation, which establishes, accordingly, an exhaustive list of subjects of jurisdiction of the Russian Federation and joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation. In accordance with the Constitution of the Russian Federation, land legislation falls under joint jurisdiction, which means the right of state bodies of the Federation and constituent entities of the Federation to adopt normative legal acts on land issues.

Secondly, the classification of normative legal acts by legal force is common. In this case, they are all divided into laws and by-laws. Laws include normative legal acts adopted by the legislative body of the Russian Federation - the Federal Assembly and the legislative bodies of the constituent entities of the Russian Federation. At the same time, the Constitution of the Russian Federation and federal laws of the Russian Federation “have supremacy throughout the entire territory of the Russian Federation.” They operate throughout the country and have supreme legal force in relation to other normative legal acts. Subordinate normative legal acts are normative legal acts adopted by executive authorities. By-laws are adopted in accordance with and in pursuance of the law and include resolutions and orders of the Government of the Russian Federation, departmental acts, acts issued by the executive bodies of the constituent entities of the Russian Federation.

One of the most important sources of land law in the Russian Federation are international legal treaties signed and ratified by the Russian Federation, containing land legal norms.

According to the Constitution of the Russian Federation, generally recognized principles and norms of international law and international treaties of the Russian Federation are an integral part of the national legal system. The principle of priority of international law over national law is enshrined. This principle is confirmed in the land legislation of our country. The Land Code provides that if an international treaty of the Russian Federation, ratified in the prescribed manner, provides for rules other than the Land Code, the rules of the international treaty apply. The procedure for concluding, implementing and terminating international treaties is regulated by Federal Law.

The state border line is determined on the basis of international treaties of the Russian Federation. In these cases, an international treaty determines the territorial scope of national law, including land law. Also, on the basis of an international treaty, the regime for the use of natural resources, including lands in the border zone, is determined. International treaties can serve as the basis for establishing a regime for protecting the habitat of wildlife, limiting economic activity and land use in the relevant territories.

The Constitution of the Russian Federation, having the highest legal force in relation to all other legislative acts, occupies a central place among the sources of land law. A number of provisions of the Constitution are of direct importance for land law, as they are the basis for the development of land legislation. The Constitution of the Russian Federation defines in general terms the powers of certain government bodies to regulate land relations. The Government of the Russian Federation manages federal property, i.e. has the right to manage lands in federal ownership. The Constitution of the Russian Federation established the powers of local government bodies. Local governments independently manage municipal property, which may include land.

Article 74 of the Constitution expresses the principle of priority of ensuring the interests of nature conservation, including the protection of lands in the sphere of regulation of the single economic space, the single market. The Constitution enshrines the specifics of the legal regulation of land relations. Land relations must be regulated by a special special federal legislative act - the Land Code of the Russian Federation.

Article 8 of the Constitution contains a kind of list of forms of property that are recognized and protected in the Russian Federation. This list is not complete, and in addition to private, state and municipal, the existence of other forms of ownership is allowed. The Constitution does not specify which ones, and this list is supplemented by practice.

In Part 1 of Art. Article 9 of the Constitution enshrines the principle of use and protection of land and other natural resources as the basis for the life of peoples in the Russian Federation, which determines the attitude of society and the state towards these natural resources as an integral part of nature, which is a necessary condition for the existence of human life itself.

This constitutional principle requires the rational use and protection of land and other natural resources as the habitat of peoples living on the territory of the Russian Federation. All activities related to the use and protection of land and other natural resources must be based on taking into account the importance of land and other natural resources as the basis of human life and activity. Therefore, the use of land and other natural resources in order to ensure sustainable development and livelihoods of peoples living on the territory of the Russian Federation must be carried out subject to the preservation of a favorable environment and natural resources for current and future generations.

Article 36 of the Constitution confirms the possibility of having land in private ownership and clarifies the subject composition: land can be privately owned by citizens and their associations. Based on this article, we can talk about the existence of two types of private property: private property of individuals and legal entities. Part two of the same article establishes the right to freely own, use and dispose of land, which, however, can be implemented to the extent that it does not cause environmental damage or violate the rights and legitimate interests of other persons. Thus, the principle of priority of public interests over private ones is reflected here. Part three of Article 36 establishes procedural requirements, stipulating that the conditions and procedure for the use of privately owned land are determined on the basis of federal law.

The constitutional basis for the legal regulation of land relations is Article 42 of the Constitution of the Russian Federation, which proclaims the right of citizens to a favorable environment and other environmental rights. Considering that land is an integral part of the environment, this article also applies to land relations. The state, in turn, is obliged to ensure the protection of this right by maintaining the favorable quality of lands, providing available reliable information about their condition, and providing compensation for damage caused to the health of citizens or their property by land violations. The right of citizens to a favorable environment is complemented by the obligation of everyone to preserve nature and the environment, to take care of natural resources, proclaimed by Art. 58 of the Constitution. This constitutional provision establishes the possibility of determining the responsibilities of citizens in the field of land protection and ensuring rational land use.

Articles 71 and 72 of the Constitution of the Russian Federation define, respectively, the spheres of jurisdiction of the Russian Federation and the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation. The regulation of land relations primarily falls under joint jurisdiction, and the Russian Federation retains the right to manage federal property, including land.

Federal land legislation in the broad sense of the word consists of laws and by-laws adopted at the federal level. Federal land legislation also includes decrees of the President of the Russian Federation regulating land relations.

The central place among the special sources of land law, the main purpose of which is to regulate mainly land relations, is occupied by the Land Code of the Russian Federation, adopted on October 25, 2001. The Land Code of the Russian Federation is a comprehensive codified federal law that regulates a significant variety of land relations.

The Land Code pays special attention to the legal regulation of land protection. The Code resolved the problem of delimiting public ownership of land. It provides criteria and principles for delimiting federal property, property of constituent entities of the Federation and municipal property. The rules defining the content of such rights to land as permanent (perpetual) use, lifelong inheritable ownership of land plots, easement, lease of land plots and gratuitous fixed-term use of land plots have been specified and developed. The issues of transfer of rights to a land plot have been regulated when transferring ownership of a building, structure, structure; the procedure for privatization of land plots has been determined.

The Land Code reflects the specifics of the purchase and sale and exchange of land plots. The issues of termination and limitation of rights to land plots, as well as payments for land and land valuation have been worked out in detail. The Code established the basis for state monitoring of land, land management, state land cadastre and land control.

The Land Code of the Russian Federation filled the gaps that arose in land legislation in previous years, and also created a number of new legal norms. The Code creates legal guarantees of the land rights of citizens proclaimed in the Constitution of the Russian Federation; establishes priority for land conservation over the use of land as real estate; the priority of protecting human life and health when addressing the issue of costs arising in connection with the use of land; priority of valuable and specially protected lands over other categories of lands.

Among the special sources of land law is the Federal Law of July 16, 1998 No. 101-FZ “On state regulation of ensuring the fertility of agricultural lands”, it regulates the powers of state authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation and local governments in the region ensuring the fertility of agricultural lands; rights and obligations of owners, owners, users, including tenants of land plots in the field of ensuring the fertility of agricultural lands; measures of state regulation of activities in the field of ensuring the fertility of agricultural lands and state support for activities in this area have been enshrined. The Federal Law of January 10, 1996 No. 4-FZ “On Land Reclamation” establishes the concepts of various types and types of land reclamation; issues of ownership of reclamation systems and hydraulic structures have been resolved; a system of public administration in the field of land reclamation has been defined; a procedure has been established for land reclamation and financing of such work. The Federal Law of January 2, 2000 No. 28-FZ “On the State Land Cadastre” establishes the competence of state authorities of the Russian Federation, state authorities of the constituent entities of the Federation and local governments in the field of carrying out activities related to maintaining the state land cadastre; the composition of information and documents of the state land cadastre and the procedure for maintaining the state land cadastre are determined. Federal Law of June 18, 2001 No. 78-FZ “On Land Management” regulates the procedure for land management work in order to ensure the rational use of lands and their protection, creating a favorable environment and improving landscapes. Issues regarding the implementation of ownership rights to agricultural lands, the conditions for the provision of agricultural lands that are in state or municipal ownership, are regulated by the Federal Law of July 24, 2002 No. 101-FZ “On the turnover of agricultural lands.”

The financial aspects of land relations are developed in the Law “On Payment for Land” of 1991. The Law defines in detail the procedure for calculating and collecting payments for the use of lands for various purposes, as well as the distribution of funds received. The Law of the Russian Federation of December 23, 1992 “On the right of citizens of the Russian Federation to receive into private ownership and to sell land plots for running personal subsidiary and dacha farming, gardening and individual housing construction” implements the principle of free disposal of land plots provided to citizens for these purposes . It also contains some procedural requirements related to the certification of private property rights when buying and selling land.

Federal laws containing norms of land law also include the Civil Code of the Russian Federation, the Criminal Code of the Russian Federation, and the Code of Administrative Offenses of the Russian Federation. A significant number of land norms are contained in federal laws that, along with land norms, also regulate other types of social relations.

The source of land law is also, as already noted, the Forest Code of the Russian Federation of 1997. It regulates the issues of use and protection of forest lands.

On November 16, 1995, the Water Code of the Russian Federation was adopted. It contains a fairly large number of norms regulating land relations.

Federal Law of April 24, 1995 No. 52-FZ “On Fauna” is also one of the sources of land law. The law establishes various restrictions in the field of economic activity, including those related to the use of land, in the interests of protecting the habitat of wildlife. Also, the source of land law in the Russian Federation is the Federal Law “On Environmental Protection”. This law is aimed at ensuring the safety of land as a natural object, however, some provisions of this act regulate issues directly related to land legislation. One cannot but include the Federal Law of March 30, 1999 No. 52-FZ “On the sanitary and epidemiological welfare of the population” as a source of land law in the Russian Federation; it contains sanitary and epidemiological requirements for the planning and development of urban and rural settlements. Federal Law No. 109-FZ of July 19, 1997 “On the safe handling of pesticides and agrochemicals” regulated the procedure for using pesticides and agrochemicals.

The source of land law is also the Decrees of the President of the Russian Federation, regulatory legal acts of federal executive authorities. These acts are mandatory throughout the country. Decrees and orders of the President of the Russian Federation must not contradict the Constitution of the Russian Federation and federal laws. Decrees of the President of the Russian Federation play an important independent role in regulating land relations.

Most of the decrees of the President of the Russian Federation are devoted to issues of private ownership of land and are based on the policy of liberalizing this right, expanding and removing restrictions on the exercise of the rights of owners to dispose of land.

A large group of sources of land law consists of regulatory legal acts adopted by the Government of the Russian Federation and other federal executive authorities. The main task of decrees of the Government of the Russian Federation is to specify the provisions of federal laws or decrees of the President of the Russian Federation. The basis for such specification is often the norms of the Land Code, which provide for the need to adopt a corresponding regulatory legal act of the Government of the Russian Federation. There may be cases when the Government of the Russian Federation, within the limits of its powers, adopts resolutions regulating relations on issues on which there are no direct instructions in federal laws.

The government, in particular, has adopted the following resolutions in recent years: “On approval of the Regulations on the Federal Real Estate Cadastre Agency” dated August 19, 2004 No. 418; “On State Land Control” dated November 19, 2002 No. 833; “On the methodology for determining the area of ​​agricultural land comparable in cadastral value” dated April 22, 2002 No. 261. A small number of decrees of the Government of the Russian Federation concern the issues of land privatization and the implementation of property relations.

The role of decrees of the Government of the Russian Federation in regulating the performance of land management functions by state bodies is more significant. In development of the Law “On State Registration of Rights to Real Estate and Transactions with It,” Resolutions of the Government of the Russian Federation dated February 18, 1998 No. 219 “On approval of the Rules for maintaining the Unified State Register of Rights to Real Estate and Transactions with It” were adopted, dated November 1 1997 No. 1378 “On measures to implement the Federal Law “On state registration of rights to real estate and transactions with it.”

In the sphere of regulation of land relations, it is worth noting the departmental regulations adopted by the Federal Land Cadastre Service of Russia. Its competence includes, in particular, participation, together with other federal executive authorities, in the formation of a regulatory legal framework on the issues of maintaining the state land cadastre and state registration of real estate objects located on land plots firmly associated with them, land management, and state cadastral valuation of land. Orders, instructions and other regulatory legal acts adopted by Roszemkadastr are binding on all subjects of land relations. Laws, regulatory legal acts of the constituent entities of the Russian Federation, regulatory legal acts of local governments are also sources of land law. Land legislation is classified by the Constitution of the Russian Federation as a subject of joint jurisdiction of the Russian Federation and the constituent entities of the Federation, therefore the constituent entities of the Russian Federation are very active in the field of regulation of land relations.

In the republics that are part of the Russian Federation, the role of sources of land law is played by the constitutions of the republics, as well as regulatory decrees on the use and protection of certain natural resources, regulatory decrees of the presidents of the republics, as well as regulatory decrees and orders of the governments of the republics.

On the basis and in pursuance of the Land Code of the Russian Federation, federal laws, other regulatory legal acts of the Russian Federation, laws of the constituent entities of the Russian Federation, executive authorities of the constituent entities of the Russian Federation, within the limits of their powers, can issue acts containing norms of land law.

On issues of local importance, the population of municipalities directly and (or) local government bodies and local government officials adopt municipal legal acts.

On the implementation of certain state powers delegated to local governments by federal laws and laws of the constituent entities of the Russian Federation, municipal legal acts may be adopted on the basis of and in pursuance of the provisions established by the relevant federal laws and (or) laws of the constituent entities of the Russian Federation.

Municipal legal acts adopted by local governments are subject to mandatory execution throughout the entire territory of the municipality. Regulatory and legal acts of local government bodies should not contradict constitutional, legislative, by-laws, decrees of the President of the Russian Federation and regulatory legal acts of constituent entities of the Russian Federation.

The sources of land law are understood as regulatory legal acts that establish, amend or abolish land legal norms, the purpose of which is to regulate land relations.

Land legislation, in accordance with the Constitution of the Russian Federation, is under the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation.

TO sources of land law include:

1) The Constitution of the Russian Federation, which establishes general principles for regulating land legal relations. For example, Art. 9 allows for the possibility of the existence of various forms and types of land ownership, Art. 58 establishes the obligation of everyone to preserve nature and the environment, to take care of natural resources;

2) international treaties on the basis of which the state border of the Russian Federation is determined, the regime of land use in the border zone, border nature reserves are created, etc.;

3) laws - the main one in the area under consideration is the Land Code of the Russian Federation of October 25, 2001 No. 136-FZ (ZK RF), in which a special place is given to the regulation of land protection, a system of legal norms is established that establishes the right of ownership of land, and the issues of acquiring land rights. The Land Code of the Russian Federation reflects the specifics of transactions for the purchase and sale of land, defines the legal regime of various categories of land, etc. Special sources of land law also include: Federal Law of July 16, 1998 No. 101-FZ “On state regulation of ensuring land fertility agricultural purposes", Federal Law of January 10, 1996 No. 4-FZ "On land reclamation", Federal Law of January 2, 2000 No. 28-FZ "On the State Land Cadastre", etc. Law of the Russian Federation of February 21, 1992 No. 2395-1 “On subsoil”, establishing the procedure for issuing licenses for the use of subsoil, Forest Code of the Russian Federation dated December 4, 2006 No. 200-FZ (LK RF), defining the composition of forest fund lands, Water Code of the Russian Federation dated June 3, 2006. No. 74-FZ (VK RF), etc. Also important for the regulation of land legal relations are the norms of the Civil Code of the Russian Federation (Civil Code of the Russian Federation) (parts one, two, three and four), recognizing land plots as real estate, enshrining the principle of targeted use of land, considering issues of seizure of private land plots for state and municipal needs;

4) decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation. For example, Resolution of the Council of Ministers - Government of the Russian Federation of February 5, 1993 No. 100 “On the State Program for Monitoring Lands of the Russian Federation for 1993–1995”;

5) laws of the constituent entities of the Russian Federation. Land legislation, on the basis of the Constitution of the Russian Federation, is assigned to the joint jurisdiction of the Russian Federation and its constituent entities, therefore, constituent entities of the Russian Federation have the right to adopt legal acts regulating land legal relations in the relevant territory;

6) regulatory legal acts of local government bodies, the competence of which includes resolving issues: planning the development of the settlement territory, territorial zoning of settlement lands, seizure of land plots and other issues.

The sources of land law are understood as regulatory legal acts that establish, amend or abolish land legal norms, the purpose of which is to regulate land relations.
Land legislation, in accordance with the Constitution of the Russian Federation, is under the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation.
Sources of land law include:
1) The Constitution of the Russian Federation, which establishes general principles for regulating land legal relations.
For example, Art. 9 allows for the possibility of the existence of various forms and types of land ownership, Art. 58 establishes the obligation of everyone to preserve nature and the environment, to take care of natural resources;
2) international treaties on the basis of which the state border of the Russian Federation is determined, the regime of land use in the border zone, border nature reserves are created, etc.;
3) laws - the main one in the area under consideration is the Land Code of the Russian Federation of October 25, 2001 No. 136-FZ (ZK RF), in which a special place is given to the regulation of land protection, a system of legal norms establishing the right of ownership of land is established, and the issues of acquiring land rights. The Land Code of the Russian Federation reflects the specifics of transactions for the purchase and sale of land, defines the legal regime of various categories of land, etc. Special sources of land law also include: Federal Law of July 16, 1998 No. 101-FZ “On state regulation of ensuring land fertility agricultural purposes", Federal Law of January 10, 1996 No. 4-FZ "On land reclamation", Federal Law of January 2, 2000 No. 28-FZ "On the State Land Cadastre", etc. Law of the Russian Federation of February 21, 1992 No. 2395-1 “On subsoil”, establishing the procedure for issuing licenses for the use of subsoil, Forest Code of the Russian Federation dated December 4, 2006 No. 200-FZ (LK RF), defining the composition of forest fund lands, Water Code of the Russian Federation dated June 3, 2006.
No. 74-FZ (VK RF), etc. Also important for the regulation of land legal relations are the norms of the Civil Code of the Russian Federation (Civil Code of the Russian Federation) (parts one, two, three and four), recognizing land plots as real estate, enshrining the principle of targeted use of land, considering issues of seizure of private land plots for state and municipal needs;
4) decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation. For example, Resolution of the Council of Ministers - Government of the Russian Federation of February 5, 1993 No. 100 “On the State Program for Monitoring Lands of the Russian Federation for 1993–1995”;
5) laws of the constituent entities of the Russian Federation. Land legislation, on the basis of the Constitution of the Russian Federation, is assigned to the joint jurisdiction of the Russian Federation and its constituent entities, therefore, constituent entities of the Russian Federation have the right to adopt legal acts regulating land legal relations in the relevant territory;
6) regulatory legal acts of local government bodies, the competence of which includes resolving issues: planning the development of the settlement territory, territorial zoning of settlement lands, seizure of land plots and other issues.

Among all laws, there is the main source of land law - the Constitution of Russia, which provides the foundations of the constitutional system, the rights and freedoms of man and citizen, the federal structure, the powers of the head of state, legislative, executive and judicial authorities, which are independent, and local governments. Constitutional provisions are the starting point for other branches of law, including land law. At the same time, the norms of the Constitution can be conditionally divided into two large groups: the first - directly devoted to land relations, the second - indirectly involved in the regulation of land relations.

The first group includes Art. 9 – about land and other natural resources under various forms of ownership; Art. 36 – on the right of private ownership of land and regulation of the conditions and procedure for its use on the basis of federal law, Art. 42 – about the right of everyone to a favorable environment; Art. 58 – about the duty of everyone to preserve nature, to take care of its riches, Art. 72 – on the assignment of land, water, forestry, subsoil, and environmental protection legislation to the joint jurisdiction of the Federation and its subjects.

The second group of norms consists of provisions of the Constitution that are more distant from land relations, but no less significant for them: about a person, his rights and freedoms, as the highest value, the protection of which is the responsibility of the state and all its bodies (Articles 2, 17 and 18), on the democratic, legal, social character of the Russian state (Articles 1 and 7), on guaranteeing the unity of the economic space, support for competition, freedom of economic activity (Article 8), on the equality of all before the law and the court (Article 19), on the right on housing and its inviolability (Articles 25 and 40), on guaranteeing state protection of the rights and freedoms of man and citizen and, in particular, guaranteeing judicial protection (Articles 45–48); about the obligation of everyone to pay legally established taxes and fees (Article 57) and many others (the detailed contents of the articles are not given here, as they are presented and commented on in other chapters of the textbook; in addition, citizens should have the Constitution as a reference book and know its contents according to the original source).

The dominant position of the Constitution among other laws is due to the fact that it has the highest legal force among other higher normative acts - laws and has direct effect throughout the entire territory of the Russian Federation. This means that laws and other legal acts adopted in the Russian Federation must not contradict the Constitution of the Russian Federation. According to Art. 15 of the Constitution, laws are subject to official publication, and unpublished laws are not applied. Any regulatory legal acts affecting the rights, freedoms and duties of a person and a citizen cannot be applied unless they are officially published for public information. This constitutional provision is important for laws, but even more important for by-laws.

2. Federal laws as sources of land law

Among the laws of Russia related to land law, we can note such as the Land (2001), Water (1995), Forest (1997) codes. Laws on environmental protection (2002), On payment for land (1991), On the fundamentals of urban planning in Russia. Federation (1992), on natural healing resources, health resorts and resorts (1995), on specially protected natural areas (1995), on land reclamation (1996), on state regulation of the agro-industrial complex ( 1997), On the safe handling of pesticides and pesticides (1997). These and other directly “land” laws form the core of land law, its main part at the federal level, but not the only one.

The sources of land law are federal laws that are part of other branches of law, but provide for land regulations. Laws of other branches of law can be conditionally divided into two groups - laws of the natural resource block, which, like land laws, regulate relations regarding the use and protection of natural resources (except land), and laws of other branches of law, as if far from land law (in the future we can will make sure that they are not as far from land interests as it seems at first glance).

The legislation on subsoil, atmospheric air, wildlife and other natural resource legislation contains many rules related to land use. For example, the Water Code of the Russian Federation provides for rules on the coastline and coastal strip of internal sea waters and the territorial sea, water protection zones of water bodies, the procedure for conducting work in them, features of the provision of land plots in water protection zones and control over their use, sanitary protection zones and districts around water bodies (Articles 16, 108, 111, 112 and 115 of the RF CC).

Along with this, there is a special article 5 of the Water Code of the Russian Federation on relations regulated by the water legislation of the Russian Federation, where an attempt is made to delimit water and land relations. In particular, it is stipulated that relations regarding land arising during the use and protection of water bodies are regulated by water legislation to the extent necessary for the rational use and protection of water bodies.

Relations regarding isolated water bodies (closed reservoirs) are regulated by water legislation to the extent that these relations are not regulated by civil and land legislation. In Art. 12 of the RF CC provides that owners, owners and users of land plots adjacent to surface water bodies may use them only for their own needs to the extent that this does not violate the rights and legitimate interests of other persons.

The same applies to forestry and other branches of law (see chapters on water and forest funds).

Thus, the norms of land law are contained in the laws that make up natural resource legislation.

The third group of federal laws containing norms of land law are the Civil Code, the Code of Administrative Offenses, and the Criminal Code: they contain many regulations related to land relations, which will be discussed in other chapters of the textbook. In particular, the Code of Administrative Offenses of the Russian Federation and the Criminal Code of the Russian Federation contain elements of land offenses (crimes), for which administrative or criminal liability is established and applied, respectively, depending on the degree of public harm or public danger.

The laws regulating land relations also include the laws of the subjects of the Federation, but since they are becoming more and more numerous and they are becoming important, a separate chapter is devoted to them.

3. Regulatory decrees of the head of state
and other by-laws

In Russia, the main source of land law, as well as other branches of law, are by-laws. They include decrees of the President of the Russian Federation, decrees of the Government of the Russian Federation, departmental acts, normative acts of organizations and other acts (other acts - sources of land law include acts of the subjects of the Federation and local governments - they will, in view of the new, increased role, be devoted to separate chapters ).

The main by-laws are the decrees of the President of Russia; they are considered by-laws because, according to Art. 90 of the Constitution of the Russian Federation must not contradict the Constitution of the Russian Federation and federal laws, in addition, according to Art. 80 of the Constitution of the Russian Federation, the President of Russia determines the main directions of the domestic and foreign policy of the state in accordance with the Constitution of the Russian Federation and federal laws.

The main type of by-laws is decrees because the President is the guarantor of the rights and freedoms of man and citizen and ensures the coordinated functioning and interaction of government bodies. Decrees and orders of the President of the Russian Federation are binding throughout Russia.

In land law, Presidential Decrees are both relevant and diverse, which is explained by the significance and complexity of land relations, the obsolescence of some parts of the RSFSR Land Code of 1991, and the need to promptly fill gaps in land regulation.

An incomplete list of Presidential decrees in the field of regulation of land relations gives an idea of ​​the place of this type of source of law in the formation of land law in recent years.

Next in the hierarchy of by-laws are the resolutions of the Government of the Russian Federation, which exercises executive power in the Russian Federation. Acts of the Government are adopted on the basis and in pursuance of the Constitution of the Russian Federation, federal laws, regulatory decrees of the President of the Russian Federation and are binding in the Russian Federation (Articles 110 and 115 of the Constitution of the Russian Federation).

Among those provided for in Art. 114 of the Constitution of the Russian Federation there are also powers of the Government that relate to the regulation and implementation of land relations, namely the development and presentation of the federal budget and ensuring its execution, the management of federal property, the implementation of measures to ensure the rule of law, the rights and freedoms of citizens, the protection of property and public order.

In fulfillment of its powers, the Government, carrying out administrative functions, actively participates in the formation of land law.

The Russian government is actively taking operational measures to establish and ensure land law and order.

By-laws include orders, instructions, rules, guidelines adopted by central executive authorities, which include ministries, state committees and departments (Central Bank, Federal Forestry Service, etc.). Their acts regulate relations within the system of their department, but almost each of them has certain supra-departmental, sometimes coordinating functions, which determine the significance of departmental acts not only for its employees, but also for other citizens.

Regulatory acts, i.e. acts establishing obligations for non-personalized citizens or granting them rights are adopted in organizations, institutions and enterprises. They can be of two types, designed for those working at a given enterprise, i.e. addressed inside the enterprise, or directed to subjects of law located outside the enterprise - both are of a general nature, focused on repeated use.

An example of the first type of regulatory act can be considered an internal land management plan approved by the authorized body of an agricultural organization (enterprise). They are general in nature because they apply to all employees of a given farm, no matter who carries out the work provided for by these rules. In case of retirement (dismissal) of some employees, these norms are also effective for other employees who take their place.

The second type of regulatory acts of organizations includes the rules and procedure for land management work, approved by a non-state self-supporting organization; they are adopted on the basis and in pursuance of higher regulatory acts - laws, decrees, resolutions, orders, etc., and are mandatory for execution by citizens applying to the organization.

It should be noted that there is sometimes no clear boundary between these types of regulatory acts of organizations; internal regulations, for example, forestry departments are directed inside the organization, but cannot but be taken into account by citizens applying to the forestry district, at the same time, rules for registration of land documents addressed to citizens, specified in the organization , are mandatory for employees of this organization. The normative acts of the organization, although they are located in the hierarchy of normative acts at the lowest level, i.e. are required to comply with all higher-level regulations, nevertheless, they are the most massive sources of land law, bringing the greatest number of violations of the law and encroachments on the rights of citizens, including land rights. Therefore, they need to be given appropriate attention.

The sources of land law begin to include general principles, rights, regulatory agreements and some legally binding customs.

The starting, initial principles of the legal system become a source of law if such their role is enshrined in legislation. For example, Art. 38 of the Statute of the International Court of Justice provides: the court, which is obliged to resolve disputes submitted to it on the basis of international law, applies the general principles of law recognized by civilized nations.

In Art. 15 of the Constitution of the Russian Federation states that the generally recognized principles and norms of international law and international treaties of the Russian Federation are an integral part of its legal system.

It should be noted that the general principles of law are gradually gaining their niche in Russian law. According to Art. 6 of the Civil Code of the Russian Federation if it is impossible to use an analogy of the law, i.e. application of legislation regulating similar relationships, it is possible to determine the rights and obligations of the parties based on the general principles and meaning of civil law and the requirements of good faith, reasonableness and fairness. True, judicial practice constantly faces difficulties of different understanding and interpretation of these concepts by different persons and authorities, which is caused by insufficient legal and moral traditions.

Agreements between various legal entities may contain legal norms that not only establish the rights and obligations of the parties, but also establish general rules of conduct to which all participants must obey in the future. Examples of such normative agreements in land law are agreements on general and special land easements (which will be discussed in detail in a separate chapter).

Under the conditions of a federal structure, states acquire the significance of agreements between government bodies of the Federation and its subjects. To date, such agreements have been concluded between the center and part of the constituent entities of the Federation, and all contain norms on issues of land relations, and this is not surprising, since the Constitution of the Russian Federation places these issues under the joint jurisdiction of the Russian Federation and its constituent entities. However, such agreements are sometimes quite general in nature, since both science and practice have not fully defined the principles and boundaries of “!joint competence”; here we need to accumulate experience and develop civilized relations. Under agreements, the Government of the Russian Federation has the right to transfer to the executive bodies of the constituent entities of the Russian Federation the exercise of part of its powers, and also on the basis of agreements, a reverse redistribution of the functions of executive bodies is possible.

According to Art. 5 of the Constitution of the Russian Federation, its federal structure is based on the delimitation of jurisdiction and powers between the state authorities of the Russian Federation and the state authorities of the constituent entities of the Russian Federation. The division of powers between the Russian Federation and its subjects is determined by the Constitution of the Russian Federation, which provides for the competence of the Russian Federation, the joint competence of the Federation and its subjects and the competence of the subjects of the Russian Federation.

Responsible for the Russian Federation in accordance with Art. 71 of the Constitution include: regulation and protection of human and civil rights and freedoms (including land); federal state ownership (primarily of land and other natural resources) and its management; establishing the foundations of federal policy and federal programs in the field of environmental development of the Russian Federation, production of toxic substances, narcotic drugs and the procedure for their use, determination of the status and protection of the state border, territorial sea, exclusive economic zone and continental shelf of the Russian Federation, civil, civil procedural legislation (as methods of protecting property relations arising from the use and protection of land interests, levers for protecting land and other natural resources and their owners), meteorological service, standards (including in the field of land relations, environmental protection).

In the joint jurisdiction of the Russian Federation and its constituent entities in accordance with Art. 72 of the Constitution are the protection of human and civil rights and freedoms, ensuring the rule of law, public safety (including in the field of land relations); issues of ownership, use and disposal of land, subsoil, water and other natural resources, delimitation of state property (primarily land, other natural resources), nature management, environmental protection and ensuring environmental safety, specially protected natural areas (they relate primarily to , land use, which will be discussed in a special chapter of the textbook).

Outside the jurisdiction and powers of the Russian Federation on subjects of joint jurisdiction of the Russian Federation and its subjects, the subjects of the Russian Federation according to Art. 73 of the Constitution have full state power. This demarcation of land competence “vertically” seems to be very important and is carried out at all levels - federal - the State Duma and the Federation Council, the President and the Government of the Russian Federation, at the level of the constituent entities of the Russian Federation - by the law-making bodies of the constituent entities. “Horizontally”, the improvement of environmental and land legislation and the implementation of powers in the field of use and protection of land is carried out in three directions - according to the composition of land and environmental standards, which are grouped as follows: a) environmental legislation itself, b) natural resource legislation, including primarily land legislation, c) other branches of legislation regulating relations arising during the use and protection of lands - civil, administrative (sanitary), financial and other branches of legislation (the complexity and relevance of relations between the Federation and its subjects determine, in addition to the above, the raising of problems lawmaking of the subjects of the Federation in the field of land relations in a separate chapter).

The group of other agreements of the sources of land law includes exemplary or standard agreements developed and approved by authorized bodies. Currently, their legal force is being discussed, and their field of action is being reduced, since the Civil Code of the Russian Federation proclaims freedom of contract, the inadmissibility of arbitrary interference by anyone in private affairs, and the need for the unhindered exercise of civil rights.

The type of normative agreement is an international agreement provided for in the mentioned article. 15 of the Constitution of the Russian Federation. It also states that if an international treaty of the Russian Federation establishes rules other than those provided for by law, then the rules of the international treaty apply. However, such a constitutional provision still has a long way to go, since administrative and judicial practice still presupposes implementation, i.e. inclusion of the norms of the international treaty of the Russian Federation in Russian legislation. The law-making of the Russian Federation follows this path: after the signing and ratification of international treaties of the Russian Federation, a plan for the adoption of Russian legal acts is drawn up and implemented to ensure the validity of the treaties and the inclusion of their requirements in Russian legislation.

A rule of behavior that has developed over a long period of time and is recognized by the state as generally binding is considered a legal custom. In land law, legal custom occupies the largest place in comparison with other branches of law, which can be explained by the greatest duration, relevance and largely unsettled nature of land social relations.

Custom was the main source of law in the early stages of the development of society. Many subsequent sources of law were systematized records of the most important and proven customs, such as, for example, Russian Truth.

The custom of business turnover is provided for in Art. 5 of the Civil Code of the Russian Federation: it recognizes a rule of behavior that has been established and widely used in any area of ​​business activity, not provided for by law, regardless of whether it is recorded in any document. A custom that is contrary to the provisions of law or contract shall not apply.

An example of a custom included in land law can be considered the rule for dividing a land plot between the owners of a building located on it, not only in proportion to the shares of ownership of the building, but also in accordance with the established procedure for using the plot, a proven custom. Formed and established rules for land use are often included in easement agreements, in the distribution of specific land shares during the corporatization of peasant collective farms, and when individual members are separated from them.

REFERENCES

Constitution of the Russian Federation: Adopted by a popular referendum on December 12, 1993.


Civil Code of the Russian Federation. Part 1 of November 30, 1994//NW RF. 1994. No. 32. Art. 3301.


Civil Code of the Russian Federation. Part 2 of January 26, 1996//NW RF. 1996. No. 5. Art. 410.


Land Code of the Russian Federation: Adopted on September 28, 2001 // Rossiyskaya Gazeta. Oct 30 2001


Dzyuba N.V.; Karpenko Yu.V. Land Fund of the Russian Federation: Textbook. manual - St. Petersburg: IPK "Kombat", 2003.