The Object of the Right Concept for State Ownership of Land

Author Name(s): Andrey A. Nikulin*, Oksana A. Begisheva
Author Email: and-nik@yandex.ru

Abstract

The state as a party to ownership relations concerning land and other natural resources has a certain specificity. Civil lawyers have repeatedly noted the dualism of its nature and the fact that the state simultaneously plays the role of regulator of relations concerning all lands under its jurisdiction, as well as the owner of land plots, and enters into specific legal relations, making legally significant decisions on property objects as an economic entity. In this regard, it is interesting to consider the issue of a property item as to the state ownership of land.

The methodological basis of the study was the general methods of research: analysis, synthesis, and generalization, the integrated approach method, analogies, also special ones: comparative legal, formal legal.

As a result of the analysis of normative legal acts and approaches to the definition of the object of civil and land legal relations set out in the legal literature, the definition of the object of the right for the state ownership of land was formulated, and differences were found in such legal categories as “land”, “land plot”, “natural object”, “natural resource”, and the use of the term “object of nature management” was proposed.

The conclusion was made that the terms “land” and “land plot” are used equivalently in the Russian legislation and legal literature to mean the object of ownership right.

The peculiarities of an object of the right for state ownership of land and its legal attributes characterizing a land plot as a natural resource and as an object of state property right are revealed.

Introduction

Despite the fact that the Constitution of the Russian Federation establishes a variety of forms of ownership, at present, state ownership is the priority form of ownership of land, other natural objects and resources.

Land law, which is entrusted in the Russian legal system with the task of regulating the legal status of the land, is one of the most dynamically developing branches of law. This fact is confirmed by the fact that the Land Code of the Russian Federation (hereinafter referred to as the RF LC), which is the main normative legal act regulating land relations, has been changed more than 100 times since its introduction in 2001. At the same time, the question remains: what is the object of ownership: a natural resource, a natural object or both? The solution of this issue is the main goal of this study.

The concepts, conclusions and proposals formulated in the paper can be used by teachers in the educational process when lecturing the course “Land Law” and in the development of special courses. Theoretical conclusions and proposals can be used by researchers in conducting research in land and civil law on this and other topics, as well as in developing new and improving the current legislation.

Conclusion

In summary, the following definition can be proposed. The object of the right for state ownership of land is a land plot which is an individually defined part of the land surface of a specific purpose within the boundaries of the territory of the Russian Federation, determined by law, and the state property right to which is registered in accordance with the procedure established by law.

Acknowledgements

The work is carried out according to the Russian Government Program of Competitive Growth of Kazan Federal University.  

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