Fundamental Legal Principles for Implementation of State Control over Land Use in the Russian Federation
Abstract
In the modern legal science the issue of state control over land use in the Russian Federation is of particular interest and has diversity of views, as land users are not able to control their own behavior objectively and adequately, as well as voluntarily take steps to correct it, especially if it affects their financial and material interests. From the technical, organizational and material aspects, individual land users are not always able to organize some forms of modern control, such as monitoring of natural objects, by own efforts. It is impossible to ensure the unity of control activities, their coordination, analysis and evaluation, not creating special external organizational structures. The fight against offenses in this area requires outside intervention, such as state control. The objectives of the state land control are to ensure that individuals, officials and legal entities comply with the requirements of land legislation in order to effectively use and protect this land. State land control involves permanent work of relevant bodies, implemented in accordance with the departmental annual work plans. The required control actions are taken in case of applications and complaints filed by citizens. The objects under the state land control include the actions of all the subjects of the land legislation, individuals and legal entities associated with the exercise of the rights of ownership, possession, use, lease of land plots, measures to ensure their sustainable use and conservation. The independent object of state land control includes the actions of the officials exercising the functions on privatization and provision of land, registration of land rights and other administrative functions.
References
[2] Belyaev V.P. (2006). Control and supervision as a form of legal activity (PhD thesis). Saratov State Law Academy, Saratov, Russia.
[3] Code of the Russian Federation on Administrative Violations (2001).
[4] Galinovskaya E.A. 2014. Institute of legal liability as a component of the land law and order. Russian Law Magazine, 1, 41 – 48.
[5] Ibragimov, K. Kh. 2011. Legal issues of modernization of state land control of Russia (dedicated to the 10th anniversary of the adoption of the Land Code of the Russian Federation). Legal issues on property, 2, 16 – 23.
[6] Shadskaja, I., Kryukova, E., Kaurova, O., Maloletko, A. and Druchevskaya, L. 2015. Current State and Prospects of Development of Sheep and Goat Breeding in the Russian Federation. Biosciences biotechnology Research Asia, 12(1).
[7] Land Code of the Russian Federation (25.10.2001) # 136-FZ. Official gazette of the Russian Federation, # 44, Art. 4147.
[8] Official site of Rosreestr. URL: http://www.rosreestr.ru/cadastre/ground_control/statinfo.
[9] On amendments to certain Legislative Acts of the Russian Federation in terms of improving the state land supervision: draft of the federal law (2014).
[10] On protection of rights of legal entities and individual entrepreneurs during the implementation of state control (supervision) and municipal control: Federal Law of the Russian Federation (2008).
[11] On state land supervision: Resolution of the Government of the Russian Federation (2006).
[12] On the issues of state control (supervision) and invalidation of certain acts of the Government of the Russian Federation (together with the ‘Regulations on the federal state supervision in the field of communication,’ ‘Regulations on the state supervision in the field of air protection’, ‘Regulations on the state supervision in the field of use and protection of water objects’, ‘Regulations on the federal state supervision in the field of protection, reproduction and use of wildlife and their habitat’,’ Regulations on the federal state fire supervision in the forests’, ‘Regulations on the state veterinary supervision’, ‘Regulations on the federal state sanitary and epidemiological supervision’): Resolution of the Government of the Russian Federation (2013).
[13] Pogodina N.A., Karelin К V. 2012. Relation between control and supervision in the Russian legal system. Russian justice, 3, 72 – 74.
[14] Shafranov A. 2006. Distinction between the control and surveillance activity in the field of executive power. Law and life, 1. http://www.law-n-life.ru/arch/n91.aspx
[15] Talipov D. Kh., Boldyrev D. Yu. 2012. Supervision over the execution of laws: substitution of the functions of the controlling bodies or coordination of their activity. Legality, 4, 28 – 33.
[16] The Administrative regulations by the Federal Service for State Registration, Cadastre and Cartography for implementation of inspections during the state land control with reference to legal entities and individual entrepreneurs: Order of Ministry of Economic Development of the Russian Federation (2011).
[17] The Administrative regulations by the Federal Service for Supervision of Natural Resources to exercise the state function of the federal state environmental supervision: order of the Ministry of Natural Resources and Environment of the Russian Federation (2012).
[18] The Administrative regulations by the Federal Service for Veterinary and Phytosanitary Surveillance to exercise the state function for implementation of the state land supervision with respect to agricultural lands and agricultural land plots within settlements: order of the Ministry of Agriculture of Russia (2012).
[19] The Rules for preparation of the annual plans for scheduled inspections of legal entities and individual entrepreneurs by the bodies of state control (supervision) and municipal control bodies: Resolution of the Government of the Russian Federation (2010).
[20] Vinokurov A. Yu. 2013. State land supervision: legal regulation issues. Legal issues on property, 1, 2 – 4.
[21] Zhukova O.I. 2011. Subject, limits and objectives of prosecutorial supervision over implementation of laws in the sphere of land use. Lawyer, 1, 64 – 70.
The Copyright Transfer Form to ASERS Publishing (The Publisher)
This form refers to the manuscript, which an author(s) was accepted for publication and was signed by all the authors.
The undersigned Author(s) of the above-mentioned Paper here transfer any and all copyright-rights in and to The Paper to The Publisher. The Author(s) warrants that The Paper is based on their original work and that the undersigned has the power and authority to make and execute this assignment. It is the author's responsibility to obtain written permission to quote material that has been previously published in any form. The Publisher recognizes the retained rights noted below and grants to the above authors and employers for whom the work performed royalty-free permission to reuse their materials below. Authors may reuse all or portions of the above Paper in other works, excepting the publication of the paper in the same form. Authors may reproduce or authorize others to reproduce the above Paper for the Author's personal use or for internal company use, provided that the source and The Publisher copyright notice are mentioned, that the copies are not used in any way that implies The Publisher endorsement of a product or service of an employer, and that the copies are not offered for sale as such. Authors are permitted to grant third party requests for reprinting, republishing or other types of reuse. The Authors may make limited distribution of all or portions of the above Paper prior to publication if they inform The Publisher of the nature and extent of such limited distribution prior there to. Authors retain all proprietary rights in any process, procedure, or article of manufacture described in The Paper. This agreement becomes null and void if and only if the above paper is not accepted and published by The Publisher, or is with drawn by the author(s) before acceptance by the Publisher.