On classification of the land law principles
Автор: Ryzhenkov Anatoliy Ya.
Журнал: Legal Concept @legal-concept
Рубрика: Главная тема номера
Статья в выпуске: 4 (33), 2016 года.
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The principles of law are understood as the leading ideas, the main beginnings reflecting the essence, appointment and regularities of development of Russian law which are directly enshrined in rules of law or formulated at the doctrinal level. In both cases the value of law principles consists in t he fact that th ey have essential in fluence on formation of all bran ches of the legislation, influen ce tendencies of development of law-enforcement practice. The principles of law (along with a subject and meth od of l egal regulation) are one of criteria of division of system of the right into branches, and at identification of gaps by law-enforcement bodies in the law, can serve as mean s of completion of such gaps. The research object consists in complying the classification of the principles of the land law. Methods. The methodological basis of this research is represented by the set of methods of scientific knowledge among which the main p lace is taken by methods of the system analysis, historicism, and a comparative and legal method. Results. In work the author ’s position about existence of four classification gr oups of the principles of the land la w is substantiated, inter-industry connections of land law and other branches of the law are revealed, it is proposed to reject the practice of fixing the principles of law in sublegislative acts. The system of the doctrinal principles of the land law is analyzed, the proposal on compliance of the principles of law and legal institute s is stated. Conclusions. As a result of the research it is proved that the principles of land law represent the fundamental ideas which are the cornerstone of the land law as an independent branch of the law. They define con ceptual legal bases of creation, functioning and development of the land law, regulate the most importan t re lations arising in the sphere of use and protection of lands and are protected from violations by measur es of legal responsibility. At the moment th e principles of the land law can be classified in inter-industry, br anch, institutional; sector-forming (basic) and usual; the declarative and having the accurate mechanism r ealization; doctrinal (principles ideas) and set by the standard (principles norms).
Principle of law, interindustry communications, land legal relationship, turnover of land plots, use and protection of lands, environment
Короткий адрес: https://sciup.org/14973701
IDR: 14973701 | DOI: 10.15688/jvolsu5.2016.4.3