Ryzhenkov A.Ya. On Classification of the Land Law Principles
- Anatoliy Ya. Ryzhenkov
- Doctor of Juridical Sciences, Professor, Department of Civil and International Private Law
- Volgograd State University, Base Department of the Southern Scientific Center of the Russian Academy of Sciences
- Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , This email address is being protected from spambots. You need JavaScript enabled to view it.
Introduction. 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 the fact that they have essential influence on formation of all branches of the legislation, influence tendencies of development of law-enforcement practice. The principles of law (along with a subject and method of legal 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 means 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 place 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 groups 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 institutes 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 conceptual legal bases of creation, functioning and development of the land law, regulate the most important relations arising in the sphere of use and protection of lands and are protected from violations by measures of legal responsibility. At the moment the principles of the land law can be classified in inter-industry, branch, institutional; sector-forming (basic) and usual; the declarative and having the accurate mechanism realization; doctrinal (principles ideas) and set by the standard (principles norms).
Key words: principle of law, interindustry communications, land legal relationship, turnover of land plots, use and protection of lands, environment.
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