On the Sectoral Affiliation of Legal Norms Established by the Land, Forest and Water Legislation, and Legal Relations Arising on Their Basis

Анотація

Introduction: the article presents the results of a study of the problem of sectoral affiliation of legal norms established by land, forest, and water legislation. This problem became acute when, at the beginning of the 21st century, land, forest, and water legislation was re-codified without appropriate coordination with the provisions of civil legislation. This situation has been further aggravated by the scientific discussion on many issues of the system and structures of the legal legislation, in particular the issues of the objective conditionality of the system of law and the influence of the legislative system on the system of law. Ultimately, this has a negative impact on judicial practice and on the protection of the rights and interests of participants in the relevant legal relations. The purpose of the article is to recognize that objective factors influence the system and structure of law. It is not direct and does not exclude the legislator’s wide possibilities to influence the legal system. This means that the legislator’s prescriptions on preferential application of the relevant sectoral legislation to land, forest, and water relations (even if they comply with the signs of Article 2 of the Civil Code of the Russian Federation (hereinafter – C.C.R.F.), while maintaining the possibility of subsidiary application of the civil legislation to these relations, should not be refuted, and the relevant branches should be attributed not only to legislation (land, forestry, water), but also to law. The study was carried out using the method of analyzing legal norms. The results of the study are a determination of the sectoral affiliation of legal norms that are established by the land, forest, and water legislation. Conclusions: recognition of land, forest and water law as independent branches of law should inevitably entail the conclusion that in the process of regulating land, forest and water relations by legal norms established by acts of relevant legislation, even if we were talking about regulating such land, forest and water relations that have the signs specified in Article 2 of the C.C.R.F., land, forest and water relations will arise, respectively.

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