Вестник Кемеровского государственного университета (Jun 2015)
NON-PROPERTY TYPES OF LAND RIGHTS IN THE LIGHT OF THE LAND CODE OF THE RUSSIAN FEDERATION
Abstract
The paper provides the analysis of changes in land laws in connection with the amendments, which entered into force on 1 March2015 inthe legal regulation of land rights. The author gives a legal assessment of changes to the legislation and identifies the legal problems of legal regulation. The paper concludes that the diversity of types of land rights is quite reasonable in modern terms; the introduced changes are an attempt of the legislator to match the norms of the civil and land legislation on the rights to land plots, providing special rules about them in the Land Code of theRussian Federation. The author notes that the rules of land law on lease of land significantly expanded, the legislator recognizes the right of land lease as primary, which, however, is not always justified. In addition, among the shortcomings of the changes in land legislation the author points out the inconsistency and ambiguity in the formation of the system of land rights, the designation of certain types of land rights, their distribution according to the articles of the Land Code of theRussian Federation. The Land Code is abundant in references to the civil law and procedural rules, which complicates the perception of the legal provisions on the rights to land plots, their interpretation and application. The author believes that the new practice will be difficult, and collaboration of both researchers and representatives of legislative, executive and judicial authorities is required.
