Subjects of land legal relations. Composition of land legal relations Land legal personality

Land relations are one of the most rapidly developing areas of life. Land in Russia, where peasant farming has developed from time immemorial, has always been the main means of production and investment of capital. Land legal relations are social relations regulated by the norms of land law regarding the acquisition (privatization, purchase and sale, other transactions), use and protection of land, developing between authorities, individuals and legal entities. The definition of the concept of “land legal relations” is enshrined in Art. 3 of the Land Code of the Russian Federation of October 25, 2001 No. 136-FZ (hereinafter referred to as the Land Code of the Russian Federation), which reveals the content of this legal definition. “Land legal relations” recognize social relations in the field of use and protection of lands as the basis for the life of peoples living in Russia. According to the specified normative act, the relations on the use and protection of subsoil, water bodies, forests, wildlife and other natural resources, environmental protection, specially protected natural areas and objects of cultural heritage of the peoples of the Russian Federation are applied accordingly to the legislation on subsoil, forestry, water and other legislation, special federal laws. Property relations regarding the ownership, use and disposal of land plots, as well as transactions with them, are regulated by civil law, unless otherwise specifically stated.

Like other legal relations, land relations are characterized by the presence of the following elements:

Subjects of legal relations (participants in land relations);

The object in relation to which legal relations arise (in this case - a) land as a natural object and natural resource; b) land plots; c) parts of land plots);

The content of land legal relations, that is, the rights and obligations of their participants, performing their actions in strict accordance with the rules of law, pursuing the goal for which these relations are formed, while taking into account the characteristics of both the subject and the object of these relations. Sometimes land legal relations include a legal norm that regulates this type of relationship. The presence of a regulatory norm distinguishes legal relations from other social relations. Meanwhile, a rule (a separate regulation, legislation as a whole) is not covered by the composition of legal relations.

The concept of “Subjects of land legal relations”

Subjects (participants in land relations) are determined in accordance with Art. 5 Land Code of the Russian Federation. They are citizens, legal entities, the Russian Federation, constituent entities of the Russian Federation, municipalities.

The RF Land Code presents the following concepts:

- land owners- persons who are owners of land plots;

- land users- persons who own and use land plots on the right of permanent (perpetual) use or on the right of free use;

- landowners- persons who own and use land plots on the right of lifelong inheritable ownership;

- land tenants- persons owning and using land plots under a lease agreement or sublease agreement;

- easement holders- persons who have the right to limited use of other people's land plots (easement);

- land rights holders- owners of land plots, land users, landowners and tenants of land plots.

Individuals endowed with land legal personality (a type of general civil legal personality) are considered as subjects of land legal relations, that is, the opportunity to have rights and bear responsibilities in the field of land conservation and land use. Both individuals and legal entities realizing their property interests can act in this capacity.

In accordance with Article 124-125 of the Civil Code of the Russian Federation, the constituent entities of the Russian Federation, as well as urban, rural settlements and other municipalities act in property relations on an equal basis with other participants in these relations - citizens and legal entities. On behalf of the Russian Federation and constituent entities of the Russian Federation, state authorities can, by their actions, acquire and exercise property rights and obligations, and on behalf of municipalities - local government bodies.

The subject composition of land legal relations is regulated by the Land Code of the Russian Federation, but may be specified in other legal acts. Participants in this type of relationship are owners of land plots, land users, landowners, tenants, holders of easements (the Urban Planning Code of the Russian Federation calls them “right holders of land plots”). Their rights to land, depending on the category of this land, have some specifics.

Citizens and legal entities own land and use it on a legal basis (land ownership rights, land use, lease) and are called subjects (right holders) - owners, land users, landowners, tenants. In order for legal entities and citizens to act as subjects of land legal relations, they must have land legal capacity and be bearers of land rights and obligations.

Land legal personality of individuals and legal entities

Land legal personality of a legal entity arises from the moment (registration) of approval of its charter in the body of the Federal Registration Service of the Ministry of Justice of the Russian Federation and is special, determined in its scope and content by the goals (objectives) of the activities of this legal entity.

Land legal capacity of individuals occurs at the moment of birth. Land legal capacity occurs upon reaching 18 years of age (except in cases of emancipation and marriage). Current legislation provides for a significant expansion of the land legal capacity of citizens. Citizens have the right, at their own choice, to receive ownership, use, or lease of land plots for running a peasant (farm) household, personal subsidiary farming, housing and garage construction, gardening, truck farming, livestock farming, and other purposes related to agricultural production; for business activities and other purposes not prohibited by law.

The Russian Federation, its constituent entities, and municipalities act in land relations in two capacities:

• as regulators of social relations for the use and protection of lands under their jurisdiction on their territory, and in these cases their legal acts are of an authoritative, public legal nature, binding if they are adopted in accordance with the law and within the scope of their competence;
• as owners of land plots in their possession, use and disposal, and in these cases on an equal basis with other participants in land relations, including individuals and legal entities.

Land rights of foreign citizens and stateless persons

Land rights of foreigners are provided for in paragraph 3 of Art. 15 Land Code of the Russian Federation, art. 3 Federal Law “On the entry into force of the Land Code of the Russian Federation” dated October 25, 2001 and in the Federal Law “On the turnover of agricultural land” dated July 24, 2002, in the laws on state immunity, on foreigners, on stateless persons, etc. List border territories in which these persons cannot own land plots, approved by Decree of the President of the Russian Federation of January 9, 2011 No. 26. In addition, since the Federal Law “On the Turnover of Agricultural Lands” does not apply to land plots provided from agricultural lands to citizens for individual housing, garage construction, personal subsidiary and dacha farming, gardening, livestock farming and truck farming, as well as land plots occupied by buildings and structures, foreigners do not have the right to be the owners of such land plots. The scope of rights of foreigners, stateless persons and foreign companies is limited. They cannot be owners of agricultural land. In addition, land ownership is not transferred to foreign citizens free of charge.

Considering the types of land legal relations, it should be noted that the very concept of “land relations” is enshrined in Art. 3 of the Land Code of the Russian Federation of October 25, 2001 No. 136-FZ (hereinafter referred to as the Land Code of the Russian Federation), which states that this type of relationship includes relations on the use and protection of lands, subsoil, water bodies, forests, specially protected natural areas in the Russian Federation as the basis for the life and activities of peoples living in the relevant territory. They apply: legislation on subsoil, forestry, water legislation, on the protection of cultural heritage sites of the peoples of the Russian Federation, special federal laws.

Social relations in the field of land ownership and land use are very complex. In paragraph 2 of Art. 3 of this normative act differentiates the types of legal relations: natural resource, environmental and land. The regulation of the latter is carried out mainly using the requirements of the Land Code of the Russian Federation. Application of norms of other branches of law is allowed:

a) in cases where land legislation does not contain suitable regulations (the Land Code of the Russian Federation does not regulate the relevant relations);

b) provided that the operation of the norms of other industries does not violate the principles enshrined in the Land Code of the Russian Federation.

Property relations related to the ownership, use and disposal of land plots are regulated by civil legislation and relevant regulations (clause 3 of Article 3 of the Land Code of the Russian Federation), for example: Federal Law of the Russian Federation No. 101 “On the turnover of agricultural land”. Property land relations are subject to “technical” regulations. These are a number of federal laws of the Russian Federation: No. 22-FZ “On the State Real Estate Cadastre”; No. 218-FZ “On state registration of real estate”; No. 122-FZ “On state registration of rights to real estate and transactions with it.”

Analyzing the relationship between land and civil law, it should be noted that based on the subject of regulation of civil legislation (Article 2 of the Civil Code of the Russian Federation (Part 1) dated November 30, 1994 No. 51-FZ) (hereinafter referred to as the Civil Code of the Russian Federation), which determines the legal status participants in civil transactions, the grounds for the emergence and procedure for the exercise of property rights and other real rights, the Civil Code of the Russian Federation regulates contractual obligations, as well as property and personal non-property relations (based on equality, autonomy of will and property independence of participants), we can conclude that the implementation rights to land, as well as transactions with land plots fall within the scope of civil legislation. This is confirmed in the very norms of the Land Code of the Russian Federation. So, according to paragraph 4 of Art. 11 of the Land Code of the Russian Federation, when merging land plots owned by the right of common ownership to different persons, they have the right of common ownership of the newly formed land participant in accordance with civil legislation. Similarly, the provisions of paragraph 1 of Art. 23 of the Land Code of the Russian Federation indicate that the Land Code of the Russian Federation does not include among the subjects of its regulation the issues of establishing easements, which are in the sphere of civil law, being limited only to public easements.

In practice, the provisions of both civil and land law are applied. In accordance with paragraph 1 of Art. 39 of the Land Code of the Russian Federation, the terms of the lease agreement for a land plot located in state or municipal ownership are determined by civil legislation, the Land Code of the Russian Federation, and federal laws. At the same time, it should be taken into account that, according to paragraph 3 of Art. 129 of the Civil Code of the Russian Federation, land and other natural resources may be alienated or transferred from one person to another by other means to the extent that their circulation is permitted by the laws on land and other natural resources.

Elements of land legal relations

In the legal literature, there are several classifications of land legal relations, which depend on the internal structure of legal relations: object, subject and content of legal relations (subjective rights and obligations).

Object of legal relations- an object in relation to which a relationship arises. Objects of land legal relations according to Art. 6 of the Land Code of the Russian Federation “Objects of land relations” are:

• land as a natural object and natural resource;
• land;
• parts of land plots.

A land plot as an object of ownership of land and other rights to land provided for by the Land Code of the Russian Federation is recognized as an immovable thing, which represents a part of the earth's surface and has characteristics that make it possible to define it as an individually defined thing. The provision that land can act as an object of land relations is reflected both in the Land Code of the Russian Federation and in a number of federal laws. Such relations include relations associated with the division of lands into categories (Article 7 of the Land Code of the Russian Federation, Federal Law No. 172-FZ of December 21, 2004 “On the transfer of lands or land plots from one category to another”, with the protection of lands, including including as a component of the environment (Article 12 of the Land Code of the Russian Federation, Article 1 of the Federal Law of January 10, 2002 No. 7-FZ “On Environmental Protection”), relations with the use of land without the provision of land plots and the establishment of an easement (Article 39 of the Land Code RF), with land monitoring (Article 67 of the Land Code of the Russian Federation), land reclamation (Federal Law of January 10, 1996 No. 4-FZ “On Land Reclamation.” Damage to land and failure to fulfill the obligation to reclaim land are illegal acts, the commission of which is punishable administrative and criminal liability (Article 8.6, 8.7 of the Code of Administrative Offenses of the Russian Federation, Article 254 of the Criminal Code of the Russian Federation). In addition, Chapter XIII of the Land Code of the Russian Federation specifically stipulates liability for offenses in the field of protection and use of land.

Subject of legal relations- a person who enters into legal relations regarding a specific object (for example, a tenant of a land plot). Subjects of land legal relations are defined in Art. 5 of the Land Code of the Russian Federation “Participants in land relations”. These include:

• citizens of the Russian Federation;
• legal entities;
• Russian Federation;
• subjects of the Russian Federation;
• municipalities.

Types of land legal relations

In the legal system, there are traditionally two main types of land legal relations by the nature of the content of legal relations(by functional purpose):

- regulatory land relations - relations that develop in the process of implementing land legal norms, not related to the application of legal liability, and which are expressed, as a rule, in the performance of positive actions by the participants in these relations. Traditionally, in practice, exactly such relations arise (seizure of a land plot from the owner for state or municipal needs, conclusion of a land lease agreement, etc.)

- protective (law enforcement) land legal relations arise in connection with committed offenses, or with the presence of a threat of their commission, and are implemented through the application of legal liability. For example, unauthorized removal or movement of fertile soil layer entails the imposition of an administrative fine on guilty citizens, officials and legal entities.

In addition, according to the main economic purpose, land relations can develop:

• in the process of agricultural production;
• when using land in industry and construction;
• when using land in forestry, etc.

Land legal relations can be classified on other grounds, widely used in civil law:

- by content criterion: property and non-property;

-according to the criterion of certainty of the composition of subjects:

Absolute - only one side of the legal relationship is defined, which is endowed with a certain set of rights, the other parties are not specified. (For example, owner's rights to land);

relative - the parties to the relationship are clearly defined, each of which is endowed with rights and responsibilities in relation to each other (land transactions).

-by the nature of regulation:

Material - arise in the implementation of rights and obligations regulated by land legislation (for example, the right to freely dispose of land, or the obligation to pay land tax in the prescribed manner);

Procedural - regulate the procedure for the emergence of rights and obligations in relation to land (the procedure for making transactions with land).

- according to the degree of mutual obligation of their participants:

Relations of equality (partnership relations) and relations of subordination of one party to the other, etc.

These are the main types of classifications of land legal relations. Also, in some sources, types of land legal relations are classified depending on the intended purpose of the land. For example, relations on the use of agricultural land, relations on the use of forest lands, etc. In the literature you can find a number of other classifications that are not so widely used and are used by a limited number of specialists.

• features of the object of land legal relationship;
• legal status of subjects of land legal relations;
• legal regulation of those types of relations that form the basis of this legal relationship.

Land legal relations are social (actual) relations regulated by the rules of law, or developed as a result of the action of these rules. Land legal relations have a number of specific features that distinguish them from other types of legal relations: features of the object, subjects, content, grounds for occurrence, change and termination. They are directly related to the objective laws of development of human society and social production; are a special type of property relations that arise, change and terminate in relation to land; are complex, complex relationships, while their regulation is carried out by the norms of both land and civil, administrative, environmental and other branches of legislation.

Features of various types of land legal relations

All types of land legal relations have their own characteristics that affect the nature of their application. Depending on the situation, one and the same subject can enter into different legal relationships, with different consequences for him. For example, a citizen applies to local authorities with an application for the allocation of a land plot. In this case, he enters into procedural, regulatory, relative legal relations. By decision of the authorities, the citizen was granted ownership of a land plot, and now absolute legal relations apply to him - the right of ownership of the land. A citizen, exercising this right, leases a plot of land and material, regulatory legal relations arise between the landowner and the tenant regarding the lease agreement. When carrying out all these actions, the citizen acts as the subject of land legal relations, which are different in nature, but at the same time they are closely interconnected.

The relationship between various legal relations is a characteristic feature of any of them. From absolute legal relations material ones arise: ownership of land makes it possible to lease this land. At the same time, legal relations have significant differences. For example, regulatory ones are the consolidation of the procedure for carrying out certain actions that are conscientious in nature and do not violate the limits of the rights of other subjects. Protective legal relations, on the contrary, are a means of applying responsibility for unlawful behavior. Such legal relations are characterized by episodic nature, they are not long-term in nature and end with the fulfillment of prescribed norms. By the way, the time frame of legal relations also depends on their type. For example, absolute legal relations are permanent in nature, for example, ownership of land is unchanged until grounds for its termination arise. Relative legal relations arise for a short period of time. For example, when making the purchase and sale of land, subjects enter into relative legal relations, and one acts as a buyer and the other as a seller - each of them has a certain amount of rights and obligations. Upon completion of the transaction, the parties terminate their legal relationship.

Land legal relations in Russia

The features of these legal relations include not only the specificity of the object of this type of relationship, the legal status of the subjects, but also their complex nature. Land legal relations can be both public and private. As already noted, land legal relations are social relations between authorities, organizations and individuals regarding the distribution, use and protection of land and which are regulated by the norms of land law. One of the features of land legal relations is that the Russian Federation, its constituent entities and municipalities can act in two capacities. Firstly, as regulators of this type of relationship in relation to land plots under their jurisdiction in the territory under their jurisdiction. In these cases, regulations are of an authoritative nature - mandatory regulations for maintaining the state land cadastre, land zoning, sanitary and veterinary rules, environmental protection requirements, easements, etc. Secondly, as owners of land plots. In this case, they act on an equal basis with other participants in legal relations: citizens and legal entities (Part 2 of Article 9, Articles 10 and 11 of the Land Code of the Russian Federation). Secondly, being one of the types of legal relations, land legal relations have features common to all legal relations: social character; are based on the law, that is, they act as a result of regulation. The list and content of specific rights and obligations of subjects of land legal relations are determined: a) in the field of land use - depending on the title of the right of use. Thus, the title of owner allows you to have the broadest rights not only to own and use, but also to dispose of a land plot. The smallest amount of rights is granted to the subject of the right to the title of land easement; b) in the sphere of management, powers depend on the level and importance of the public authority and management. Federal bodies of general competence and federal bodies of special competence have the largest range of powers; the smaller one is provided to the general and special territorial governing bodies of the constituent entities of the Russian Federation; c) depending on the purposes and types of use of land resources.

Land legal relations, like any legal relations, have an internal structure that is made up of the unity of three elements:

Subjects of land relations,

Objects of land relations

Subjects are understood as participants in land legal relations, that is, persons with land legal personality.

In paragraph 1 of Art. 5 of the Land Code of the Russian Federation lists the participants in land relations, which are citizens, legal entities, the Russian Federation, constituent entities of the Russian Federation, and municipalities.

Krassov O.I., commenting on this article, gives a description of the participants in land legal relations.

“The subjects of land relations are citizens of the Russian Federation, foreign citizens and stateless persons. Citizens of the Russian Federation are persons who have Russian Federation citizenship on the date of entry into force of Federal Law No. 62-FZ of May 31, 2002 “On Citizenship of the Russian Federation”, and persons who acquired Russian Federation citizenship in accordance with the said Law (Article 5) . A foreign citizen is a person who is not a citizen of the Russian Federation and has citizenship (nationality) of a foreign state.

Legal entities can also be participants in land relations, which is associated with their possession of land legal capacity, i.e. the right to receive a land plot for its use for the purposes provided for by law. The legal capacity of a legal entity in the field of land relations arises at the time of its creation and terminates at the time of completion of its liquidation. A legal entity established outside of Russia is considered foreign. Legal entities become participants in land relations from the moment they are actually allocated land plots and their rights to land arise.

Legal entities created by citizens have the right to own land plots or use land under other titles. The legislation does not establish the specifics of the content of the rights of a legal entity to a land plot depending on the type of its organizational and legal form.

The Russian Federation is a participant in land relations, since it has the right of territorial supremacy, which is an expression of state sovereignty as an integral element of the international legal personality of the state. The supremacy of a state within its territory means that there is no other power in a given territory than the power of this state in relation to all persons and organizations located within its territory. This supreme power of the state is exercised by government agencies in the legislative, executive and judicial spheres. Territorial supremacy also means that within its territory the state has the right to use methods of coercion to comply with the law and order established in the country. The Russian Federation is simultaneously a subject of international law and a subject of law, including land law. As for the subjects of the Russian Federation, they are subjects of land relations as public entities.

The Russian Federation and the constituent entities of the Russian Federation can act as participants in land relations in cases where it comes to the exercise of their powers as land owners, since lands can be in federal ownership and the property of constituent entities of the Russian Federation. As the owner of land and other natural resources, the Russian Federation and the constituent entities of the Russian Federation have exactly the same powers as other owners. They have the right to own, use and dispose of their property, and may use methods established by law to protect it.

Land may also be owned by municipalities, i.e. be objects of municipal property. Therefore, municipalities also act as subjects of land relations. Being public entities, these bodies are vested with powers in the field of regulation of land relations, therefore they can be subjects of land relations in the field of managing the use and protection of land.

According to Art. 125 of the Civil Code, on behalf of the Russian Federation and constituent entities of the Russian Federation, by their actions, public authorities can acquire and exercise property and personal non-property rights and obligations, and act in court within the framework of their competence established by acts defining the status of these bodies. On behalf of municipalities, local government bodies can acquire and exercise rights and obligations through their actions. Therefore, the relevant state bodies and local governments are also subjects of land relations.

State authorities and local governments are subjects of land relations, usually in the field of management of rational use and protection of lands that are both publicly (state and municipal) and privately owned.”

Recognizing foreign citizens, stateless persons, foreign legal entities as participants in land legal relations, clause 2 of Art. 5 indicates the limitations of their rights to acquire ownership of land plots. Such restrictions are established at the level of federal laws in addition to those restrictions that are established in relation to Russian citizens and legal entities. Thus, foreigners cannot acquire ownership of land plots within border areas, as well as agricultural land. If Russian citizens, in cases provided for by law, can be provided with land plots free of charge from state and municipal property, then foreign citizens and legal entities can only be provided with a fee.

The Land Code establishes a number of special land legal concepts that designate certain categories of subjects of land legal relations. The consolidation of such concepts is necessary, since from the point of view of civil law, some of these concepts are given a different meaning.

Based on clause 3 of Art. 5 of the Land Code of the Russian Federation, we can conclude that the land legal concept of “owner of a land plot” coincides with the civil legal meaning of this concept. By virtue of the provisions of paragraph 2 of Art. 9 and paragraph 1 of Art. 36 of the Constitution, norms of civil and land legislation, the owner of land plots can be any participants in land legal relations: the Russian Federation, constituent entities of the Russian Federation, municipalities, citizens of the Russian Federation, foreign citizens, stateless persons, Russian and foreign legal entities.

At the same time, if in the civil legal sense “land users” are persons who use a land plot, despite the fact that it may not be associated with ownership, then the Land Code of the Russian Federation narrows this concept to designate the holders of two land titles, the name of which includes the word “use” The law states: land users - persons who own and use land plots on the right of permanent (indefinite) use or on the right of gratuitous fixed-term use. At the same time, the legislator revealed the content of these rights, which include the powers to own and use a land plot, but not to dispose of it. Therefore, the land user always independently owns and uses the land plot, in contrast to the owner, who can transfer these powers to another person (for example, a tenant), without losing the title of owner.

The range of subjects of the right of permanent (perpetual) use is currently very narrow. By virtue of Art. 20 of the Land Code of the Russian Federation, land plots are provided for permanent (indefinite) use to state and municipal institutions, state-owned enterprises, historical heritage centers of the presidents of the Russian Federation who have ceased to exercise their powers, as well as state authorities and local governments. Land plots are not provided to citizens for permanent (indefinite) use. However, citizens can still bear this title legally, since land plots provided to citizens under this right before the entry into force of the RF Land Code are retained by them without establishing an obligation or deadline for their re-registration. However, they are given the right to re-register in a simplified manner the right of permanent (perpetual) use to the right of ownership (Clause 3, Article 3 of the Federal Law “On the Entry into Force of the Land Code of the Russian Federation”). The situation is different with legal entities to whom the land plot was provided before the entry into force of the Land Code of the Russian Federation and who were not included in the list established by clause 1 of Art. 20 Land Code of the Russian Federation. They were obliged to re-register land plots for lease or purchase ownership before July 1, 2012 (clause 2, article 3 of the Federal Law “On the entry into force of the Land Code of the Russian Federation”). Since the period has already expired, persons who have not fulfilled this obligation retain the title of land user, but become offenders. The exception is religious organizations that could re-register the right of permanent (indefinite) use to the right of free fixed-term use, horticultural, vegetable gardening, dacha non-profit associations of citizens and garage consumer cooperatives, the re-registration of the right of which is not limited by the term (clause 2.1 of article 3 of the Federal Law “On the Introduction into force of the Land Code of the Russian Federation").

Any legal relationship represents a rule of law in action, the dynamics of its implementation in everyday life, in practice.

Legal relationship- a social relationship regulated by the rules of law, the participants of which have corresponding subjective rights and legal obligations.

Land legal relations- social relations that develop between authorities, organizations and individuals regarding the distribution, use and protection of lands and which are regulated by the norms of land law.

For any legal relationship, including land, the following symptoms are characteristic:

• - this is a social relationship that denotes legality. communication between subjects;
• - arises on the basis of legal norms (the general requirements of legal norms are individualized in relation to subjects and real situations in which they find themselves);
• - this is a connection between persons through subjective rights and legal obligations;
• - this is a volitional relationship, because for its emergence the will of its participants is necessary (at least on one side);
• - this is a relationship protected by the state and constituting the basis of the state. coercion.

Any land legal relationship consists of three necessary elements:

• - subjects;
• - objects;
• - the content of a legal relationship as a set of rights and obligations of the participants in this relationship.

The peculiarity of land legal relations - the Russian Federation, its subjects and municipalities can act in two capacities:

• - as regulators of these relations in relation to land plots under their jurisdiction on their territory. In these cases, their acts are of an authoritative nature, as illustrated by mandatory regulations in the conduct of government. land cadastre, land zoning, sanitary and veterinary rules, environmental protection requirements, easements, etc.
• - as land owners. In this case, they act on an equal basis with other participants in the relationship: citizens and legal entities (Part 2 of Article 9, Articles 10 and 11 of the Code of the Russian Federation).

Classification of land legal relations

1. By the nature of the content of the legal relationship (by functional role):

• - regulatory- relationships that develop in the process of implementing land legal norms that are not related to the application of legal liability, and which are expressed, as a rule, in the performance of positive actions by participants. As a rule, in practice exactly such relations arise (seizure of a land plot from the owner for state or municipal needs, conclusion of a land lease agreement, etc.).
• - protective- are implemented in the application of legal liability and arise in connection with committed offenses, or with the presence of a threat of their commission. Unauthorized removal, movement or destruction of the fertile layer of soil entails the imposition of an administrative fine on the guilty citizens, officials and legal entities. persons in accordance with Art. 8.6. Code of Administrative Offenses of the Russian Federation.

2. According to the degree of specification of the subjects of legal relations:

• - absolute- in which only one party is identified - the bearer of subjective right. At the other pole of the legal relationship there is no personally defined subject, a bearer of legal obligation. One subject is endowed with a subjective right, while the remaining subjects are obliged not to violate this subjective right. An example is a legal relationship arising in connection with the exercise by a subject of property rights. The owner has the power to own, use and dispose of property, and all other persons are obliged to respect and not violate these powers, if their implementation does not go beyond the law.
• - relative- legal relations where both parties are personally defined and are bearers of rights and obligations in relation to each other. An example is legal relations associated with various transactions provided for by the norms of civil law, taking into account the norms of land law. In accordance with the purchase and sale agreement, specific, relative legal relations arise between the seller of a land plot and its buyer.

3. By the nature of regulation of relations:

• - material- establish the rights and obligations of subjects of law regarding the protection and use of land, as well as prohibitions on the commission of certain actions in relation to land. These are legal relations that arise regarding the implementation of rights and obligations provided for by the norms of land law. For example, the right to pledge a land plot; the right to independent management of the land; the duty not to violate the rights of other persons using the land; the right to sell, inherit, lease land plots; obligation to pay land tax on time, etc.
• - procedural- are expressed in rules establishing the order of emergence, change, termination and implementation of material legal relations, that is, it is not the land legal relations themselves that are subject to legal regulation, but the method of their implementation. For example, the procedure for registering land transactions, the procedure for establishing restrictions on a land plot, the procedure for confiscating land plots for the state. and municipality needs, etc.

4. Depending on the purpose of land, types of land relations:

• - on the use of agricultural land;
• - on the use of settlement lands;
• - on the use of lands for industry, transport, communications, radio broadcasting, television, computer science and space support, defense and other specialties. appointments;
• - on the use of lands in specially protected areas;
• - on the use of forest fund lands;
• - on the use of water fund lands;
• - on the use of reserve lands.

5. Depending on its content, types of land relations:

• - legal relations in the field of land ownership, which are of fundamental importance. The possibility of existence, along with the state. and municipal, private ownership of land determines the content of land legal relations, relations of ownership, use and disposal of land, features of the legal regime of the corresponding land plots.
• - legal relations regarding land rights derived from property rights, i.e. rights to land of persons who are not owners of land plots. This group of land relations, in turn, is divided into 2 subgroups: legal relations of the nature of real rights and legal relations of an obligatory nature. Property rights include the right to lifelong inheritable ownership of a land plot, enshrined in Chapter IV of the Land Code of the Russian Federation; the right of permanent (indefinite) use of a land plot and the right of limited use of someone else’s land plot (easement). The listed property rights may belong to persons who are not the owners of the land plot. Legal relations of an obligatory nature include legal relations arising as a result of annuity and lifelong maintenance agreements with dependents; temporary (urgent) use, rent; free urgent use; trust management; collateral (mortgage).

6. According to the main institutions of land law:

• - legal relations of land ownership- lie at the basis of other relationships. All other relations are derivative and dependent on them. Subtypes of such legal relations: private property (individual, common joint, common shared); state property (federal, constituent entities); municipal property.
• - legal relations of land use(have a derivative nature from property relations): direct use (use on the right of ownership); derivative use (use on other titles). Derivative use can be primary (from the owner) or secondary (from the user, for example, a service plot).
• - state land management. They are administrative and legal in form and are of an official nature in relation to most other types.
• - protection of land rights(responsibility institution).

According to paragraph 1 of Article 5 of the Land Code of the Russian Federation, participants in land legal relations are:

• 1. Russian Federation;
• 2. subjects of the Russian Federation;
• 3. municipalities;
• 4. legal entities;
• 5. citizens.

All of them may have different rights and obligations related to the ownership, use and disposal of land. Subjects of land legal relations are able to acquire special names. They may be owners, occupiers, users or lessees of the sites.

State authorities as subjects of land relations

The Russian Federation is a participant in land relations, since it has state sovereignty as an integral element of the country's international legal personality. This supreme power is exercised by the relevant bodies in the legislative, executive and judicial spheres.

Subjects of the Russian Federation can act as participants in land relations, since lands can be both federally owned and owned by regions. The Russian Federation and the constituent entities of the Russian Federation have exactly the same powers as other land owners. They have the right to own, use and dispose of their plots.

The powers of the Russian Federation in the field of land relations include:

• 1. determination of the fundamentals of federal policy in the field of regulation of land legal relations;
• 2. establishing restrictions on the rights of land owners, land users, landowners, land tenants, as well as restrictions on the turnover of land plots;
• 3. public administration in the field of land monitoring, state land control, land management;
• 4. establishing a procedure for reserving land, withdrawing plots, including through redemption, for state and municipal needs;
• 5. reservation of lands, seizure of land plots, including through redemption, for the needs of the Russian Federation;
• 6. development and implementation of federal programs for the use and protection of lands;
• 7. other powers assigned to the jurisdiction of the Russian Federation by the Constitution of the Russian Federation, the Land Code, and federal laws.

The powers of the subjects of the Federation include:

• 1. reservation, seizure, including through redemption, of land for the needs of Russian regions;
• 2. development and implementation of regional programs for the use and protection of lands located within the borders of the constituent entities of the Federation;
• 3. other powers not falling within the jurisdiction of Russia or local governments.

Municipalities as subjects of land relations

Lands can also be owned by municipalities, so they also act as subjects of land relations. Local government bodies are vested with powers in the sphere of regulation of land relations.

Municipalities are subjects of land relations, usually in managing the rational use and protection of lands that are both publicly and privately owned.

The powers of local government bodies in the field of land relations include:

• 1. land reservation;
• 2. seizure, including through redemption, of land plots for municipal needs;
• 3. establishing rules for land use and development of territories of urban and rural settlements, taking into account the requirements of the legislation of the Russian Federation;
• 4. development and implementation of local programs for the use and protection of lands;
• 5. other powers, resolving issues of local importance in the field of land use and protection.

Citizens and legal entities as subjects of land relations

Taking into account the political and economic transformations taking place in Russia, land legislation is developing along the path of maximizing the expansion of the circle of individuals and legal entities who can be owners, users or tenants of plots.

While recognizing the rights of foreigners, stateless persons and organizations registered in other countries to be participants in land legal relations in Russia, some federal laws still contain a number of restrictions. For example, foreigners cannot acquire ownership of plots located within border areas, as well as agricultural land.

If Russian citizens, in cases provided for by law, can be provided with land plots free of charge from state and municipal property, then foreign citizens and legal entities can only be provided with a fee.

The Land Code establishes a number of special legal concepts designating certain categories of subjects of land legal relations. Consolidating such concepts is necessary, since from the point of view of civil law, some of them are given a different meaning.

The owners of plots can be any participants in land legal relations: the Russian Federation, constituent entities of the Russian Federation, municipalities, citizens of the Russian Federation, foreign citizens, stateless persons, Russian and foreign legal entities.

Land users are persons who own and use land plots on the right of permanent use or on the right of gratuitous temporary use. According to Article 20 of the Land Code of the Russian Federation, plots are provided for indefinite use to state and municipal institutions, state-owned enterprises, historical heritage centers of the presidents of the Russian Federation who have ceased to exercise their powers, as well as state authorities and local self-government. Citizens were provided with land plots for permanent (indefinite) use before the current Land Code of the Russian Federation came into force.

It is not enough for subjects of land legal relations to have only the potential right to participate in such relations. They must have legal capacity and, in some cases, meet certain requirements. For example, only organizations supporting the activities of the Russian Armed Forces can use defense lands, and dacha plots can only be used by members of gardening associations.