1. ОСОБЛИВОСТІ ХАРАКТЕРИСТИКИ ЗЕМЕЛЬНИХ ПРАВОВІДНОСИН У МЕЖАХ ЇХ АДМІНІСТРАТИВНО-ПРАВОВОГО РЕГУЛЮВАННЯ
- Author
-
О. В., Запотоцька and Ю. Ю., Пустовіт
- Subjects
PUBLIC land management ,LEGAL norms ,PUBLIC administration ,ADMINISTRATIVE law ,DELEGATED legislation - Abstract
In the article, the authors made a thorough description of administrative and legal regulation in the field of land relations. They characterized the concepts of «regulation», «legal regulation» and «land relations». It is substantiated that land relations are one of the largest massifs of public relations regulated by legal norms, in which the absolute majority of both private and public legal entities are involved. But due to the diversity of such subjects and the differences in their legal status, the legal regulation of land relations uses methods characteristic of both civil and administrative law. In addition, within the limits of land law, the existence of its own method of legal regulation is emphasized. It was determined that «legal regulation» can be considered an institution of a general type, which includes specific characteristics that give rise to administrative and legal regulation. The formulated author's definition of «administrative-legal regulation» as a type of sectoral legal regulation, which is based on the direct effect of the norms of administrative law and is an administrative-legal instrument that affects social relations arising in the field of public administration. taking into account the peculiarities of the legislative definition of the concept of «land relations», for the purposes of scientific research it is more correct to use the term «administrative-legal regulation in the field of land relations» as opposed to the term «administrative-legal regulation of land relations». In our opinion, the term «sphere of land relations» should be understood as a set of relations, which, in addition to land relations, include relations arising in connection with the exercise of power by public administration bodies in relation to land management. The objects of these relations are land, land plots, rights to them, as well as goods and objects derived from them. «Administrative and legal regulation in the field of land legal relations» should be understood as a type of sectoral legal regulation, which is based on the direct effect of the norms of administrative, civil and land law and is a legal instrument that affects public land legal relations arising in the field of public land management affairs. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF