Town-planning law of the Russian Federation: doctrinally legal problems of definition of both the concept and the subject, as well as the method of legal regulation

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The research objective was from legal classical positions defined doctrinally to study and prove further a disclosure problem, and both the essence, and the contents, of such legal concept quite important and socially significant doctrinally, as the town-planning law of the Russian Federation, and not only its subject, but also the method of legal regulation of the Russian town-planning legal relationship. Its main problematic issues were studied and analysed: legal concept of branch of Russian law, the concept and ways of systematization of current Russian acts, and also the contents of such standard legal terms as town-planning legislation of the Russian Federation and Russian town-planning legal relationship doctrinally. Thus it was revealed, and, therefore, the relevance of this doctrinal and legal problem was caused, besides, by not only way were offered s, but also certain methods of its overcoming and further elimination. Our own vision of the definition of modern Russian town-planning law according to which the Town-planning law of the Russian Federation was certainly, quite independent branch of modern Russian law, i.e. a certain set of the precepts of law grouped on the basis of open codification which, in turn, fix and regulate town-planning legal relationship was offered. It is necessary to understand the legal relationship functioning nowadays on the territory of the Russian Federation in the sphere of territorial planning, town-planning zoning, planning of the territory, architectural and construction design, the relations on construction of facilities of capital construction, their reconstruction, capital repairs, demolition, and also on operation of buildings and constructions as these legal relationship. To specifics of the method of legal regulation of town-planning legal relationship considered by the authors, a certain combination and simultaneous use of two methods of legal regulation of town-planning legal relationship belongs, namely: imperative and dispositive. Thus any of them as the basic directly and unambiguously is not fixed in the existing Town-planning code of the Russian Federation.

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Town-planning law, urban planning activity, legislation on town-planning activity, rules of law, branch of the law, systematization of legal norms, codification, incorporation, subject of standard legal protection, method of regulation of legal relationships

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Короткий адрес: https://sciup.org/140249989

IDR: 140249989   |   DOI: 10.36718/2500-1825-2020-3-97-109

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