TO THE QUESTION OF REALIZATION OF THE PRINCIPLE OF LAND PROTECTION IN THE ENFORCEMENT PRACTICE

Principles of the land law are certainly an important part of the land law since they determines a general trend and expresse the basis and essence of the land relations regulation in the Russian Federation. Land protection presents a particular interest among the land law’s principles study. It is significant that every year the amount of polluted land, or lands which are not used in accordance with their designated purpose, or lands that are not used at all, continues to grow. Seeing such a state of the land, the regulatory authorities try to preserve the land using the land protection law and other legislative provisions as well as to prevent an adverse impact on it and restore its quality condition. However, an analysis of judicial practice shows that courts are reluctant to apply the principles related to the land protection. For example, the courts of Moscow and the Moscow region referred in their decisions to the principle enshrined in sub-subparagraph 2 of paragraph 1, Article 1 of the Land Code of the Russian Federation, in the period from 2008 to 2021, only seven times, though the principle of priority of land protection as the most important component of the environment and means of production in agriculture and forestry before the use of land as immovable property (sub-subparagraph 2 of paragraph 1, Article 1 of the RF Land Code) is one of the most important principles that is included in the general principle of land protection. In turn, without analyzing the current judicial practice as a special type of law enforcement activity, in terms of applying the principles of land law related to land protection, it is not possible to comprehensively study the problems of legal regulation of land protection in the principles of land law.

realization of the principles related to land protection, the principle of land protection, judicial practice, administrative responsibility for the land damage.

Tyutyunik A. S. To the question of realization of the principle of land protection in the enforcement practice. Business. Education. Law, 2021, no. 2, pp. 250—254. DOI: 10.25683/VOLBI.2021.55.215.