On improving the legal regulation of the use of agricultural lands in the Republic of Abkhazia
( Pp. 115-119)

More about authors
Bartsits Temyr Zurabovich Aspirant; Prepodavatel: kafedra grazhdanskogo prava i processa
Moscow State Law University named after O.E. Kutafina (MSLA); Abkhazian State University (ASU)
Abstract:
The article discusses the problems of improving legislation on the use of agricultural land in the Republic of Abkhazia. Given the limited land resources of Abkhazia, the legislative regulation of the use and preservation of agricultural lands is important for the progressive development of the state. On the basis of a comparative legal analysis with the legislation of the Russian Federation, an attempt was made to search for legislative directions in improving the use of agricultural land in Abkhazia. The author made an attempt to determine the essence, characteristic features, as well as features of legal regulation of the use of agricultural land in the Republic of Abkhazia. As a result of the study, the author comes to the conclusion that the system of land rights that has developed in the Republic of Abkhazia, including the right to life-long inheritable possession and the right of permanent perpetual use, are insufficient for the full use of land and does not correspond to the real needs of society. Characterizing the land legislation of the Republic of Abkhazia, it should be noted that limited property rights to land are the main ones in the system of property rights to land in Abkhazia, including agricultural land. Based on the experience of legislative regulation of relations on the use of land in agriculture, the author believes that the most appropriate and traditional for Abkhazia is the consolidation of the right of private ownership of land at the legislative level. Historical experience, as well as the existing relations, indicate that in Abkhazia, private property is steadily present in the economic life, culture and mentality of the people of Abkhazia. The lack of private ownership of land significantly hinders the development of the agricultural sector, and also does not contribute to the intensification of agricultural production. According to the author, agrarian transformations in Abkhazia should be carried out in the direction of creating private property, including agricultural land. At the stage of land transformations in Abkhazia, it is necessary to ensure private ownership of land in sectoral legislation, and then in the Constitution of the Republic of Abkhazia.
How to Cite:
Bartsits T.Z., (2021), ON IMPROVING THE LEGAL REGULATION OF THE USE OF AGRICULTURAL LANDS IN THE REPUBLIC OF ABKHAZIA. Gaps in Russian Legislation, 2 => 115-119.
Reference list:
Bystrova G.E. Agrarnoe pravo: uchebnik. M., 1998.
Bgazhba A. O., TSushba A. S., SHatipa KH. K. Sotsial no-ekonomicheskie protsessy v sovremennoy Abkhazii. Sukhum, 2014.
Bogolyubov S.A. Zolotova O.A. Kommentariy k Zemel nomu kodeksu Rossiyskoy Federatsii (postateynyy kommentariy postateynye prilozheniya materialov). M. 2012.
Dyusyupova A.D. CHastnaya sobstvennost na zemli sel skokhozyaystvennogo naznacheniya v Rossii i Kazakhstane: sravnitel no pravovoy analiz. //ZHurnal Rossiyskogo prava. 2015. № 7.
Eliseeva I.A. Zemli sel skokhozyaystvennogo naznacheniya problemy effektivnogo grazhdansko-pravovogo rezhima. //Teoriya i praktika obshchestvennogo razvitiya. Krasnodar. 2014. № 15
Kuprava A.E. Materialy po istorii Abkhazii Sovetskogo perioda. T I.Sukhum. 2012
Galinovskaya E.A. Oborot zemel i napravleniya rossiyskoy agrarnoy politiki// ZHurnal Rossiyskogo prava. 2010. № 10. S. 53-60.
Keywords:
land legislation, agricultural land, customary law, land ownership, the right to use land, private ownership of land.


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