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

The concept of land legal relations is quite extensive and complex in structure. This is due to many reasons. First and foremost, 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 us consider in detail the concept of land relations and the elements associated with it.

General information

Land legal relations are called actual social interactions, which are the result of volitional active behavior of people regarding allotments. They are regulated by the rules 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:

• Legal provisions on which interconnections 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 the 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 legal relations in the direction of the norms that regulate them. 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 opportunities.

• 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 a violation of the prescribed regulations. They are implemented in the process of applying responsibility measures to the guilty person.

Activity focus

By 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 assume 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 in state, 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 the 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, persons who have sufficient rights to enter into them can act. Another condition for the acquisition of status is the ability to comply with statutory requirements. The complex de-and legal capacity, as well as 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 who enter into interactions. 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, communication 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 reserves. They represent reserve territories.
• Water fund.

LC RF

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

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

In the normative act it is established that the land shares on the land plot that is in common ownership act as independent objects of rights. Such parts are not marked on the ground.

Content of interactions

The essence of land legal relations is in the aggregate of duties and legal capacities of persons entering into them. They are realized through the implementation of certain actions or abstention from it. 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 dependent 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 commit.

The right to inaction can be partial or complete. As for the possibility to demand, it can be implemented in judicial and administrative order. The rights of persons entering into land legal 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

Obligations of the subject, as a rule, correspond to certain legal capabilities of another person. Good behavior can be expressed in the demand:

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

Obligations are subject to exact execution under the threat of applying to the subject a measure of responsibility and the appearance of adverse consequences for him.

Legal facts

They act as the basis for the emergence of land legal relations. Legal facts can also cause changes in the content of interactions. Due to some events, legal relations can cease. There are the following types of legal facts:

• Installing. They act as grounds for the emergence of land legal relations. For example, in the process of registering a lease agreement, the parties enter into an interaction related to the use of the allotment. When entering into a pledge agreement, credit relations appear. At the same time, the party to the transaction receives limited legal opportunities to use the allotment.
• Changing.
• Terminating. When they appear, interactions cease to exist. The LC contains an exhaustive list of events leading to the termination of land legal relations.

Characteristic

Every right-establishing, changing or terminating fact can be expressed in the form of an event or action. The first include the circumstances that appear regardless of the human will. Events can be relative and absolute. The latter are phenomena that do not have a direct connection with the activities and will of man. For example, this is a different kind of natural disaster. Relative events are those that arise as a result of human activity, but proceed in addition to his will. Behavior in land law is examined in different aspects.

For example, it means:

• Actions of legal entities and citizens, state and other bodies.
• Inactivity of subjects.
• Legal status of persons entering into interaction.

In turn, behavior can be legitimate or illegal.

State property

The state, acting as a subject of land legal relations, acts through a complex of competent authorities. Between them are distributed the powers concerning property. Taking into account the federal structure of the country, the existence of a two-level government, it was decided that the right of state property exists in a regional and federal form. The latter applies to the territories, allotments and their parts, which do not belong to private individuals, municipal entities and organizations. This provision is supported by Article 214 of the Civil Code. In ZK, art. 16-18 found that state property is represented in the country in three forms: federal, regional and municipal. In accordance with this, we can draw the following conclusion: state ownership is clearly delineated between the federal center, regions and municipalities. It is subject to a special legal regime established by the LC and other normative acts.

Types of state property

This category includes property that belongs to the Russian Federation legally. The federal property includes the following territories:

• Related to the property of the Russian Federation FZ.
• The right to which appeared when differentiating state property.
• Acquired in accordance with the provisions of the Civil Code.

Regions include the following areas:

• Recognized by the property of RF subjects in accordance with the Federal Law.
• Acquired by the regions in accordance with the Civil Code.
• The right to which appeared when differentiating state property.

Territories that are not transferred to private individuals may be in the possession of regions. For example, they include the following sections:

• Occupied by real estate owned by regional authorities.
• Provided to management bodies, unitary enterprises and state institutions.
• Related to the category of specially protected, lands of forest and water resources, etc.
• Occupied by privatized objects that were previously in regional ownership.

Realization of rights on behalf of the subjects of the Russian Federation is carried out by authorized bodies within their competence. Prior to the delineation of state property, local authorities (for example, the Department of Land Relations) administer the territories, unless otherwise stipulated in the LC or regional legislation.