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Modern Land Reform in the Russian Federation: Problems of Theory and Law Enforcement


Affiliations
1 Yelets State Bunin University, Yelets, Russian Federation
 

Background/Objectives: The objective of the article is to analyze the adopted legal norms in the field of land legal relationships and assess their effectiveness in terms of practical application. Methods/Statistical Analysis: The general scientific dialectical method enabled to consider the problem of the RF land legislation reforming at the modern stage, substantiate advantages and disadvantages of different approaches to the study of this issue, to demonstrate amendments in the RF land legislation depending on a combination of internal and external factors affecting it. Methods of formal logic have allowed characterizing the changes in the land sector at the modern stage. Findings: The obtained results prove that the amendment in the RF land legislation will adversely affect the social, investment and productive climate of the RF in the absence of the practice of applying the introduced changes. Based on the study the authors conclude that the adopted innovations in the field of land legal relationships require additional interpretation. The conducted analysis of judicial practice helps to identify the most problematic legislative norms and determine the spheres of land legal relationships, in which there is a stable law enforcement practice established. The identified problems affect the state of the land reform legislation, and also exert negative impact on its practical application, including the judiciary practice. Applications/Improvements: In the absence practice of the applying the introduced amendments the conceptual amendment of the land laws of the RF negatively affects the social, investment and productive climate of our country. It can be stated that amendments in land legislation of the RF, occurring with regular constancy, do not clarify the situation in the judicial practice, thus no clear and unified mechanism for law enforcement of land and legal norms is formed. Through our analysis of judicial practice, it is possible to identify the most problematic legislative norms and determine the spheres of land legal relationships, in which there is a stable law enforcement practice established.

Keywords

Land Reform, Law Enforcement Practice, RF Land Code
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  • Modern Land Reform in the Russian Federation: Problems of Theory and Law Enforcement

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Authors

Dina Viktorovna Alontseva
Yelets State Bunin University, Yelets, Russian Federation
Olga Anatolyevna Lavrishcheva
Yelets State Bunin University, Yelets, Russian Federation

Abstract


Background/Objectives: The objective of the article is to analyze the adopted legal norms in the field of land legal relationships and assess their effectiveness in terms of practical application. Methods/Statistical Analysis: The general scientific dialectical method enabled to consider the problem of the RF land legislation reforming at the modern stage, substantiate advantages and disadvantages of different approaches to the study of this issue, to demonstrate amendments in the RF land legislation depending on a combination of internal and external factors affecting it. Methods of formal logic have allowed characterizing the changes in the land sector at the modern stage. Findings: The obtained results prove that the amendment in the RF land legislation will adversely affect the social, investment and productive climate of the RF in the absence of the practice of applying the introduced changes. Based on the study the authors conclude that the adopted innovations in the field of land legal relationships require additional interpretation. The conducted analysis of judicial practice helps to identify the most problematic legislative norms and determine the spheres of land legal relationships, in which there is a stable law enforcement practice established. The identified problems affect the state of the land reform legislation, and also exert negative impact on its practical application, including the judiciary practice. Applications/Improvements: In the absence practice of the applying the introduced amendments the conceptual amendment of the land laws of the RF negatively affects the social, investment and productive climate of our country. It can be stated that amendments in land legislation of the RF, occurring with regular constancy, do not clarify the situation in the judicial practice, thus no clear and unified mechanism for law enforcement of land and legal norms is formed. Through our analysis of judicial practice, it is possible to identify the most problematic legislative norms and determine the spheres of land legal relationships, in which there is a stable law enforcement practice established.

Keywords


Land Reform, Law Enforcement Practice, RF Land Code



DOI: https://doi.org/10.17485/ijst%2F2016%2Fv9i12%2F132172