Improving the Legal Regulation of Transactions with Land Portions of Agricultural Land

About the author:

Lyudmila F. Usmanova, Dr. Sci. (Jur.), Professor, Department of Civil Law and Procedure, Institute of State and Law, University of Tyumen; ludmilafuadovna@gmail.com

Abstract:

The purpose of the research is to determine the place of a land property as part of civil and legal transactions, and the specifics of the legal regulation of land properties transactions as a separate group of real estate transactions, as well as to analyze the provisions of laws and regulations from the perspective of considering land as a property and as a natural resource that has a natural origin in order to identify inconsistencies regarding the land circulability and the restrictions of its use, as well as other conflicts.

Nowadays, the civil-legal regulation of a number of features in the implementation of land transactions, including agricultural land (purchase, sale, lease, donation, etc.). In this regard, we study the problem of transactions with agricultural land properties, the list of the essential conditions, the features of the implementation of these agreements, and recommendations for the improvement of land and civil legislation.

In the conclusion, it is proved that a land property is not fully an object of civil circulability, as it has a dual character, and the legal regulation of land transactions must represent a complex system involving land and law.

Based on the land’s natural origin and the degree of its economic and environmental significance, the civil-law transactions involving it should constitute a separate group and norm of rules of civil law. As they regulate land property transactions, they should be specified in relation to the transaction, the object of which is land.

The specifics of land transactions stems from the restrictions on the land circulability and the regulation of actions in relation to them and their governing. The characterization of land as an object of transactions is subject to the legal consolidation in the interest of the parties during the process of land property’s individualization and in the interest of the state in order to control and account it by the state bodies.

References:

1. Eyrian G. 2004. “Ob obshchikh trebovaniyakh, predyavlyaemykh k sdelkam s zemelnymi uchastkami” [On the General Requirements for Transactions with Land Plots]. Khozyaistvo I pravo, no 9, p. 62.
2. Stankevich N. G. 2002. Sdelki s nedvizhimostyu grazhdan: kvartira, dacha, zemelnyy uchastok, garazh [Real Estate Transactions with Citizens: Apartment, Villa, Land, Garage]. Minsk: Almafeya, p. 123.
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4. The Federal Law of 2007, no 221-FZ (with changes and additions). In: Compilation of Statutes of the Russian Federation, no 31, art. 4017.
5. The Federal Law of July 21, 1997, no 122-FZ (with changes and additions). In: Compilation of Statutes of the Russian Federation, no 30, art. 3594.