SOME FEATURES OF LAND LEGAL RELATIONS REGULATION BY THE RULES OF LAND AND CIVIL LAWS

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SOME FEATURES OF LAND LEGAL RELATIONS REGULATION BY THE RULES OF LAND AND CIVIL LAWS

Journal Title: «Приватне та публічне право» - Year 2017, Vol 3, Issue

Abstract

The article describes the land legal relations as the subject of the land area of law. It is indicated that the land relations, including land disputes, in today’s environment constitute quite a large part of the public relations, and it is driving the need for high-quality, professional and legitimate settlement of them by the rules of current legislation. We studied and formed some land relations that are subject to regulation by both land and civil legislation. The division of the legal regulation of land relations by the rules of land and civil legislation is a long and necessary problem to solve while implementing public relations. Therefore, the ratio of land and civil law in the settlement of some groups of land relations required characteristics. After all, the character of the ratio of civil and land law affects certain areas of land relations, for example such as the regulation of the legal regime of land, its intended use, land protection and the like. It was described that in its turn the unifying element of the ratio of civil and land law in deals with land is that their material object is the land as a specific object of the environment and the value of the Ukrainian people, but not as one of the properties. The attention is paid to the imperative priority of the application of the land laws in solving land relations due to the specificity of their object. It was proved that according to the general rule, land and civil legislation regulates the use of primarily land and legal rules of law or other rules of law (not controversial to land) while settling the land relations. We identified a particular group of land relation subject essentially to the settlement by civil law. They own the signs of the unique features inherent to the lands of our country. The special attention, at the moment, should be paid to the signing civil legal agreements, the object of which is the possession or use of land plots. In this case a dominant position is taken by the application of the rules of civil law, but with the strict and specific usage of so valuable for our nation lands. It is emphasized that first of all the legislative support for a unified approach to the application of the rule of law should be the prerogative of the state in modern life, as it is evident from the relevance and importance of land relations in Ukraine. It is proved that the national civil and land legislation now requires a clear distinction of legal regulation role of certain groups of land legal relations by the rules of law of a relevant field of law. It should primarily provide the correct application of the rule of law. Besides, it will eliminate conflict points in the regulation of land legal relations both with the use of civil and land rules of law, will contribute to the improvement of land legislation. Thus, the author presented a proposal to minimize the existing fact of land and civil rules of law merger while settling certain groups of land relations and thereby improving certain aspects of the land legislation.

Authors and Affiliations

В. В. Нежевело

Keywords

land land relations land legislation the Land Code of Ukraine Civil Law Civil Code of Ukraine the ratio of the rules of law land disputes civil law agreements on land

EP ID EP444527
DOI -
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