Article 10415

Title of the article



Sultanov Evgeniy Batyrovich, Candidate of juridical sciences, associate professor, head of sub-department of constitutional and administrative law, Kazan (Volga) Federal University (18 Kremlevskaya street, Kazan, Russia),

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Background. The Constitution of the Russian Federation 1993, p. 2, Art. 9 has consolidated that land and other natural resources may be in private, state, municipal and other forms of ownership. However, in accordance with Part 3 of Art. 6 of the Land Code of the Russian Federation the object of ownership is considered to be not a land as such, but a formed land plot. On this basis, at the legislative level, there are contradictions with regard to the regulation of land relations, which are the subjects of the municipal legal jurisdictions. The purpose of the work is to analyze and systematize the legal approaches of the legislator, and to make recommendations aimed at eliminating legal uncertainty in regulation of relations in the sphere of realization of land ownership by the municipal jurisdictions.
Materials and methods. Implementation of the research objectives was achieved on the basis of the analysis of such legal categories as land ownership, in the context of its implementation by the municipal jurisdictions, understanding the legal nature of the category of “balance of interests”. A special place in this study is given to the search for solutions oriented to harmonization of the legal regulation of land relations.
Results. The concept “land ownership” was studied in recognition of its normative regulation in the domestic legislation. The author investigated peculiarities of legal approaches of the legislator and such relationships, where municipal jurisdictions stand as legal subjects, and lands and land plots – as objects.
Conclusions. In conclusion, the author gives recommendations to improve sectoral legislation in order to bring it into conformity with the Constitution of the Russian Federation.

Key words

land ownership, territorial jurisdictions, powers, status, sovereignty.

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