Subject, Method, System of Land Law

Subject of Land Law

Land law is one of the key areas of Russian law, regulating social relations arising in the process of using and protecting land resources. Land, as a natural resource and the basis of societal activity, holds a special significance for the economy, ecology, and social sphere, which determines the importance of legal regulation in this field.

The subject of land law includes the following groups of social relations:

• Relations regarding ownership, use, and disposal of land plots. These relations concern both individuals and legal entities, state authorities, and local self-government bodies. They include issues of privatization of land, leasing, servitudes, mortgage lending secured by pledge of land plots, and other forms of land rights.
• Relations regarding protection and rational use

land.** Land law regulates measures to prevent land degradation, protect the soil cover, combat erosion and pollution, as well as restore damaged lands.

• Organizational and managerial relations in the field of land resources. These relations include activities by state authorities and local self-government bodies related to regulating land relations, state land cadastre, land monitoring, and land improvement.

Thus, the subject of land law covers not only property aspects (ownership and other real rights) to land, but also issues of state regulation and environmental protection.

Method of land law

Method of land law represents a set of legal means and methods used to regulate land relations. In land law, both imperative (mandatory) and dispositive (permissive) regulatory methods are applied, which reflects its comprehensive nature.

• Imperative method. Applies in cases where legislation establishes strict mandatory norms, deviation from which is impermissible. For example, norms on mandatory registration of land rights, rules for protection of land and prevention of their contamination.
• Dispositive method. Allows subjects of land relations to independently determine the conditions of their

interactions within the framework established by law. An example may be the conclusion of land lease agreements, where the parties are entitled to coordinate the terms of the lease, duration, and rental payment.

• Administrative-Legal Method. Characteristic for regulating the activities of state bodies in the field of land resource management. Includes measures of control, supervision, issuance of permits and licenses.
• Civil-Legal Method. Applied when regulating property relations related to

by purchase and sale, gift, exchange of land plots and other transactions.

The particularity of the method of land law lies in the combination of various legal regulation methods, which is due to the diversity of regulated relationships.

System of land law

System of land law is an internally structured unity of norms and institutions regulating land relations. It includes both general and specific norms aimed at regulating various aspects of land use and protection.

• General Part of Land Law. Includes norms establishing general principles and foundations of legal regulation of land relations, such as legal regime of land, classification of land by categories (agricultural lands, lands of populated

points, industrial lands and etc.), the legal status of subjects of land relations and general rules for the protection of lands.

• Special Part of Land Law. Contains norms regulating specific types of land relations, depending on categories of land and their usage characteristics. For example: