Journal of Economics

Land and property relations include the following key elements:

1) forms of land ownership (private, state, municipal, community, etc.);

2) the relationship of economic use of land;

3) forms of land management (a system of political, socio-economic, legal and administrative measures aimed at organizing their use);

4) the ways and methods of regulating the WIO.

Consider these aspects of the WIO details.

Property in the most general sense, is the assignment of any benefits and is an extremely complex concept.Economics are considering it in connection with the actual appropriation and use of economic assets (primarily the means of production). Law establishes the legal characteristics of this appropriation, it is reflected in the laws of the State authorities, binding on all citizens.

Land owners are not necessarily agricultural producers, they can transfer land to others. Since there are relations of economic use (eg, leases).

Property relations and economic use of shape conflicting economic interests, leading to conflicts between the group and societal goals. Therefore, legal mechanisms for land management by the state, as well as the development of methods of economic management of land and property relations.

Land relationships formed under the influence of many factors that have a rather complicated composition, structure, subordination, and the mechanism of cumulative impacts. Importance in this case are of historical continuity, compliance ZIO socio-economic basis of society, the need to ensure the financial stability of the economy, investment activity sectors and regions, etc.

Play an important role as political and socio-psychological factors. Among the first of these are political decisions and legal norms, the ways of their implementation and monitoring of the implementation, the state and capable of functioning of the pyramid the executive branch, activity and social orientation of the activities of parties and political movements. The latter include the mechanisms of motivation, attitudes and orientations of individuals according to their social characteristics, marital status, living standards, vocational and educational status, etc.

As a result of the historical development of any society is gradually emerging is a hierarchy of subjects WIO, which include: natural persons (individuals), their community (community), business organizations (legal entity) and State, and their uniting, representing and protecting their interests, diverse and often contradictory.

The subjects of land and property relations (ISP) called persons vested land rights and bearing duties stipulated by the land legislation.

As a general condition and a means of labor, land is the common object of all spare parts. However, depending on the type of relationship the concept of land as the object may be different. So, if we are talking about areas for which ustnovlen specific legal regime, the direct object of the proceedings may be data inventory and monitoring of land, the decision of the competent authority to grant the land plot, etc.

Range of objects ISP in the state and municipal property is defined by law. Thus, the objects of the ISP federal property are determined by presidential decree “On the federal natural resources.” These include land plots allocated for the needs of national defense and security, the protection of state borders, the implementation of other functions within the jurisdiction of state authorities, land plots under the objects of federally-owned, as well as areas of specially protected natural territories of federal significance .

The objects of the ISP state-owned entities of the Russian Federation include the land within their administrative-territorial boundaries, except for lands that make up the federal, municipal, private or other form of land ownership.Accordingly, the objects of municipal property are the lands located within the boundaries of administrative areas, populated areas, except the lands comprising public, private, common property. The objects of the ISP to private and common property are the individual isolated in nature and legally binding land plots allocated (purchased) property in the prescribed manner to citizens and legal persons, as well as land shares and land shares (shares) of collective members of agricultural enterprises, which the land belongs to Right common ownership.

In the area of ​​public land management – the object of APP is dependent on the competence of the governing body of land and species management functions. It can be:

- All the land fund (Monitoring of land, state land cadastre)

- The land within certain territorial-administrative boundaries (giving and withdrawal of land, planning of land settlement),

- Private land (farm land management).

Individually isolated in the prescribed manner the land regardless of the legal basis of its granting (in property, land use, land lease) is subject WIO in the use of land. However, he does not cease to be simultaneously property rights to land an appropriate form.

In addition to land and rights to them, to objects of the ISP are also strongly associated with land objects (water, forests, perennial plantings, buildings, structures, etc.), the movement of which is impossible without causing disproportionate damage to their destination and state. Therefore, these objects are held together with plots of land in the back bench, unless otherwise provided by law.

The law enforcement ZIP objects are statutory land law and order, rights and lawful interests of the participants of land and property relations.

Land relations depend on the solution of some basic issues, chief among them – the question of land ownership.

Forms of land ownership and political and legal mechanisms to implement them, can either accelerate or retard economic development. Depending on how a fully owned entities exercise their rights to land, as well as the results of its productive use, is determined by the power of motivation to increase production.

Land policies of each state a specific period of its development is largely composed under the influence of the general socio-economic policies and is expressed in the rules of distribution and use of land resources, constraints and incentives in this area.

ZIO include the economic relations that arise between their subjects in the process of land use. Thus, citizens and legal entities for the plots allocated to them in the property, lifetime inheritable possession, permanent (unlimited) use and limited use, will pay land tax and rent received for land – rent.

Land tax is established on the basis of the rent, taking into account soil fertility and other natural and economic conditions, the location of the land and does not depend on results of operations landowner. Rent for land is determined by agreement between the owner and the tenant.

In Russia is now pressing the issue of land turnover, including the procedure for the establishment, modification and termination of land and property rights and responsibilities. Allowed without changing the purpose buying and selling land and property sites (ZIU) the ownership of citizens for collective and individual horticultural and animal husbandry, housing, garage and summer house construction, household plots. There is a certain order of succession, gift, lease, sublease, easements and encumbrances of land.

Local government realizes the possibility to determine the legal form of ownership of land in its territory within its constitutional powers. They are also allowed to change the purpose of the agricultural land based on the approved planning documentation.

Most important is the environmental aspect of WIO. What is needed is a permanent record of processes occurring in different ecosystems and the biosphere as a whole, he is part of the state monitoring of lands.

Payments for natural resources and environmental pollution are still the only and also inefficient economic incentives for environmental protection.

In accordance with Article 9 of the Constitution of the Russian land and other natural resources are used and protected in the Russian Federation as a basis for life and work of the people living in the territory. This provision was included in the provisions constitute a basis of the constitutional order of Russia, and by virtue of its printsipoobrazuyuschego character is a basic imperative of determining the character of legal regulation of land relations and the content of land legislation.

In furtherance of this constitutional provision, the following principles of land law (Article 1 of the Land Code):

1) Given the importance of land as the basis for life and human activities, according to which the regulation of relations on the use and protection of land shall be guided by notions of land as a natural object, protected as an essential part of nature, natural resources used as a means of production in agriculture agriculture and forestry and the foundation of economic and other activities on the territory of the Russian Federation, and at the same time as real property, object of ownership and other rights in land;

2) priority of the land as an essential component of the environment and the means of production in agriculture and forestry to the use of land as real property under which the possession, use and disposal of land by owner ZIU free if it does not damage the environment;

3) the priority of human life and health, according to which the implementation of activities on land use and protection should be adopted and implemented such solutions are activities that would ensure the preservation of human life or prevent the negative (harmful) effects on human health, even if it will be demanding;

4) participation of citizens, public organizations (associations) and religious organizations in addressing issues relating to their rights to land, according to which citizens of the Russian Federation, public organizations (associations) and religious organizations are entitled to participate in the preparation of solutions, implementation of which could affect on state lands at their use and conservation, and public authorities, local governments, business entities and other activities required to enable such participation in a manner and form established by law;

5) the unity of destiny ZIU and strongly related facilities, under which all strongly associated with land objects follow the fate of the land and property plots, except in cases stipulated by federal laws;

6) the priority of the conservation of valuable lands and the lands of specially protected areas, according to which the change in purpose valuable agricultural land, the land occupied by protective forests, lands of specially protected natural territories and objects, the land occupied by objects of cultural heritage, and other high-value land and land protected areas for other purposes is restricted or prohibited in the manner prescribed by federal law.The establishment of this principle should not be construed to deny or disparage the value of land of other categories;

7) payment for the use of land, under which any use of land is allowed, except for cases stipulated by federal laws and laws of the Russian Federation;

division of land for specific purposes into categories according to which the legal regime of land is determined on the basis of their belonging to one category or another, and permitted use in accordance with the zoning of territories and legislative requirements;

9) delineation of state land on the property of the Russian Federation, the property of the Russian Federation and municipal ownership, according to which the legal framework and procedure for such a distinction established by federal laws;

10) a differentiated approach to the legal regime of land, according to which the determination of their legal regime should take into account natural, social, economic and other factors;

11) a combination of public interest and the legitimate interests of citizens, according to which the regulation of land use and protection is carried out in the public interest by guaranteeing every citizen to freely possess, use and disposal of land belonging to him. When adjusting the WIO, the principle of separation of civil law and norms of the land legislation regarding regulation of relations concerning land use, and the principle of state regulation of land privatization.

These principles reflect conditioned by the specificity of the subject and objectives of integrated management of land legislation, in a system which integrates the norms of different industry sector, establishing or protecting certain rights associated with the land. Along with the relevant provisions of the Constitution and the Civil Code of the land legislation includes a significant number of special rules that dominate the system of land and legal regulation, provided primarily by the Land Code, a number of other federal laws and legislative acts of Russian regions, they have adopted within its competence . In addition, some land-related relations are governed by administrative, tax, criminal law, in part establish the powers of state and municipal authorities in the relevant field, as well as penalties for violations of land and property rights.