Legal regulation of the use and protection of agricultural land in the Russian Federation and foreign countries: comparative legal analysis

The purpose of this article is to develop recommendations for creating an optimal model of legal regulation of the use and protection of such an important category of land as agricultural land in the Russian Federation. In order to achieve this goal, it seems necessary to conduct a comparative analysis of Russian and foreign legislation regulating the use and protection of agricultural land, to identify shortcomings and positive experience of legislative regulation of the use and protection of agricultural land in the Russian Federation and foreign countries, to analyze some problems arising in Russian law enforcement practice in this area.

The purpose and objectives of the work determined the methodology of this study, which is based on a number of methods, in particular: comparative-legal, concrete-statistical, formal-logical, dialectical method of cognition of social phenomena and processes.

As a result of the conducted research, the author formulated a number of conclusions, as well as some recommendations regarding the improvement of Russian legislation in this area. In particular, both Russian and foreign legislation provides for the obligations of owners and other right holders of agricultural land plots to use them for their intended purpose, to preserve soil fertility, to take measures to protect land, to prevent harmful effects on the soil. In Russia, as well as in foreign countries, the rights and obligations of the rightholders of land plots, as well as measures to stimulate the effective use of land and protection of agricultural purposes are regulated mainly not by civil, but by special land and agrarian legislation. When studying foreign sources, it was not possible to find such a type of legal liability as the seizure of a land plot from the rightholder in case of its improper use, similar to the Russian one. It is proposed to introduce a number of amendments to Russian legislation, taking into account foreign experience in regulating land relations, which will help to qualitatively improve the use and protection of agricultural land.

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