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CONSTITUTIONAL REGULATION OF LAND MATTERS IN FOREIGN COUNTRIES
Author(s) -
Н. Н. Аверьянова,
N. N. Averyanova
Publication year - 2016
Publication title -
žurnal zarubežnogo zakonodatelʹstva i sravnitelʹnogo pravovedeniâ
Language(s) - English
Resource type - Journals
eISSN - 2587-9995
pISSN - 1991-3222
DOI - 10.12737/23467
Subject(s) - socialism , capitalism , political science , consolidation (business) , feudalism , property rights , land law , phenomenon , economic system , land tenure , economics , law , political economy , geography , agriculture , politics , communism , physics , accounting , archaeology , quantum mechanics
The article analyzes the constitutional law of foreign countries that regulates land matters. The author attempts to systematize the constitutional acts of foreign countries on basis of consolidation and assurance of property rights as a basic phenomenon by means of defining the land and legal structures of a country. Thus foreign countries unite in groups in accordance with the constitutional rules governing land relations and on this basis certain patterns of land-legal system form. There are five models of Land constitutional law in foreign countries. These models combine “a socialist camp” countries and countries in transition from socialism to a market economy, Latin American states which, at this stage of history, are characterized by the transition from the feudal approach of managing the capitalism, developed countries with relatively stable legal traditions and systems and Islamic countries. The article also analyzes historical background of consolidation of land matters in constitutions of other countries and determines the vector of land and legal development of states related to certain models of land and legal system. The conclusion justifies comprehensively the land and economic relations that are the basis of the land-legal system of the state and they should be fixed at the level of Basic Law.

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