Concept of Land Law, System of Land Law

General Provisions

Determining land law and the system of land law are fundamental issues.

The Concept of Land Law

Land law is considered as: 1) a branch of law; 2) a science; 3) an academic discipline. As a branch of law, land law is an independent branch of law regulating land relations. As a science, land law represents a system of knowledge about land law. As an academic discipline, land law represents a system of knowledge about land law in accordance with the educational standard¹.

Land Law as a Branch of Law

Land law as a branch of law is an independent branch of law that regulates land relations based on the understanding of land as a natural object, a natural resource and at the same time as immovable property.

This definition consists of several semantic blocks:

1. land law is a branch of law;
2. land law is an independent branch of law;
3. land law regulates land relations;
4. land relations arise in relation to land as a special object of legal regulation.

We will consider each of the above points.

Why is land law a branch of law?

A branch of law represents an independent set of legal norms and institutions regulating homogeneous social relations².

Land law falls under this definition. Land law is a set of legal norms and institutions regulating homogeneous land relations.

The homogeneity of these relations is due to the fact that land relations arise in relation to a special object of legal regulation, which is land. No other branch of law regulates such relations. Based on this, we conclude that land law is a branch of law.

Why is land law a separate branch of law?

According to S.A. Bogolyubov, land law possesses the necessary characteristics that allow it to be considered a separate branch of the legal system. Social legal relations in this area concern vital issues for individuals, such as the interaction between society, people and land, the protection and rational use of land and other natural resources. These relations have their own specificity, arise, change and terminate. Such relations are not regulated by any other branch of law³.

What do land relations represent?

In defining land law, it is necessary to emphasize the subject of land law, which are land relations. Land law regulates land relations, that is, social relations regarding the use and protection of land.

What is the specificity of land as a special object of legal regulation?

The regulation of relations concerning the use and protection of land is carried out based on the concepts of land:

• as a natural object protected as an essential component of nature;
• as a natural resource used as a means of production in agriculture and forestry, and the basis for carrying out economic and other activities within the territory of the Russian Federation;
• and at the same time as immovable property, as an object of ownership and other rights to land.

Land Law as a Science

Land law as a science represents a system of knowledge about land law. In the field of land law, dissertations are protected and academic degrees are awarded, monographs and scientific articles are published, and research works are carried out. All these forms of activity are included in the concept of land law as a science.

Within the framework of research activities, for example, the drafting of legislative proposals may be carried out.

Such work usually consists of two stages. During the first stage, current regulation of the relevant relations is studied, legal problems, advantages and disadvantages of current regulation are identified, law enforcement (including judicial) practice is examined, and international experience is studied. Based on the conducted research, conclusions are formulated regarding the most effective way to regulate the relevant relations. And based on these conclusions, a legislative proposal is developed.

Land Law as an Academic Discipline

Land law as an academic discipline represents a system of knowledge about the main principles of land law. The academic discipline of land law is taught at law faculties of higher education institutions. Study of this academic discipline is provided for by the federal state educational standard for higher education⁴.

The teaching process in the discipline of land law includes conducting lectures, seminars, completing course papers, taking exams and credit. In the discipline of land law, the preparation of textbooks, study guides, lecture notes, methodological instructions and other educational materials is carried out. All this includes the concept of land law as an academic discipline.

Land Law System

The word "system" has many meanings. When we talk about the system of a particular branch of law, we consider the system as the result of ordering separate structural elements of that branch of law. These elements are mainly legal institutes and legal norms. The land law system includes: general, special and specific parts.

General Part of Land Law

The general part of land law consists of legal institutes that relate to the entire branch of land law as a whole.

The general part of land law includes the following legal institutes:

• general provisions of land law (subject and methods of land law, land as an object of legal regulation, principles and sources of land law);
• legal protection and rational use of land, management in the field of land use and protection;
• ownership rights and other rights to land, emergence and termination of rights to land;
• legal liability for violation of land legislation.

Special Part of Land Law

The special part of land law consists of the legal regime of individual categories of land.

The special part of land law includes:

• the legal regime of agricultural land;
• the legal regime of land in populated areas;
• the legal regime of industrial and other specially designated land;
• the legal regime of land of protected natural territories;
• the legal regime of forest fund land;
• the legal regime of water fund land;
• the legal regime of reserve land.

Special Part of Land Law

The special part of land law is devoted to the regulation of land relations in foreign countries.