CC BY
3УДК 349.4 Khaziakhmetova I.I., Vakhitova G. V.
Khaziakhmetova I.I.
student
Ufa University of Science and Technology (Ufa, Russia)
Vakhitova G.V.
Candidate of Philological Sciences, Associate Professor, Department of International and Integration Law Ufa University of Science and Technology (Ufa, Russia)
INSTITUTE OF ADVOCACY IN THE SYSTEM OF LAND DISPUTE RESOLUTION: THEORETICAL AND LEGAL ANALYSIS AND MODERN TRENDS
Аннотация: article presents a comprehensive analysis of the role of the institution of advocacy in the mechanism of land dispute resolution. The article examines the multifacetedfunctions of a lawyer as a professional representative and mediator in the settlement of land conflicts. Particular attention is paid to the specifics of advocacy at the intersection ofprivate and public law interests in the context of land legal relations. The article considers the professional competencies of a lawyer, including legal analysis, development of a procedural strategy and mediation skills. The importance of advocacy in the formation of judicial precedents and the development of land legislation is revealed. The need for further professionalization of advocacy in the field of land disputes and the development of specialized competencies is substantiated. Promising areas for improving the institution of advocacy in the context of modern trends in the development of land law are presented.
Ключевые слова: advocacy, land disputes, legal representation, mediation, land law, law enforcement, professional competencies, judicial protection, legal regulation, legal relations, legal conflict, legal modernization.
Land is a fundamental resource that is the material basis for the life of society and the basis for socio-economic development. Land legal relations are characterized by particular complexity due to the multi-aspect nature of the object of regulation and the plurality of legal entities.
Land disputes arising from the exercise of rights to land plots require a comprehensive legal approach. The theory of land law identifies several conceptual approaches to defining the concept of "land dispute":
- The conflictological approach considers a land dispute as a clash of opposing interests of subjects of land legal relations.
- The procedural approach defines a land dispute as a special category of cases considered in accordance with the procedure established by law.
- The substantive legal approach characterizes a land dispute as a legal relationship of a special kind.
According to the research of A.V. Dorniceva, a land dispute is a specific legal relationship, the content of which is the disagreement of the parties regarding the emergence, exercise or termination of rights to land and the obligations associated with them. [1, P. 62].
The definition of land disputes proposed by A.V. Dorniceva covers the complex nature of legal relations, including property rights to land plots, obligatory legal relations between entities, rights and obligations to use land resources, as well as administrative and legal aspects of land use.
The researcher systematizes the causes of land disputes, identifying thrmain groups of factors. Subjective factors include insufficient legal literacy of participants in land relations, unfair behavior of legal entities and violation of established land use rules. The researcher systematizes the causes of land disputes, identifying thrmain groups of factors.
- Subjective factors include insufficient legal literacy of participants in land relations, unfair behavior of legal entities, and violation of established land use rules.
- Normative and legal factors include gaps in land legislation, conflicts of legal norms, and imperfect mechanisms of legal regulation.
- Institutional factors include the lack of a systemic state land policy, ineffective mechanisms for implementing land legislation, and shortcomings in law enforcement practice.
This classification allows us to determine the main areas for improving the legal regulation of land relations and mechanisms for resolving land disputes.
Scientific systematization of land disputes involves their classification according to several main criteria. According to the subject of the dispute, there are disagreements about the rights of ownership of land plots, controversial issues of determining the boundaries of land plots, conflicts regarding the procedure for using land plots, as well as disputes about the allocation of land shares.
The subject composition of the participants determines the nature of disputes between private owners, disagreements between owners and authorities, as well as conflicts between co-owners of land plots. The legal basis for a dispute may based on title documents, contractual obligations or administrative legal relations. The presented classification facilitates the selection of optimal dispute resolution mechanisms, the development of preventive measures, the improvement of legislation and the formation of uniform judicial practice. [1, P. 64].
This classification allows us to determine the main directions for improving the legal regulation of land relations and mechanisms for resolving land disputes.
Scientific systematization of land disputes involves their classification according to several main criteria. According to the subject of the dispute, there are disagreements about the rights of ownership of land plots, controversial issues of determining the boundaries of land plots, conflicts regarding the procedure for using land plots, as well as disputes about the allocation of land shares.
The subject composition of the participants determines the nature of disputes between private owners, disagreements between owners and authorities, as well as conflicts between co-owners of land plots. The legal basis for the dispute can based on title documents, contractual obligations or administrative legal relations.
The presented classification contributes to the selection of optimal dispute resolution mechanisms, the development of preventive measures, the improvement of legislation and the formation of uniform judicial practice.
The studies of A.P. Vasilyeva and D.N. Konokotina reveal the special problems of disputes in the allocation of land shares. Scientists point to a direct link between the privatization of agricultural land, imperfect legislative regulation and the growth in the number of land disputes of this category. [2, P. 176].
The classification of these disputes is important for the practical activities of lawyers, as it allows them to clearly determine what legal issues and conflicts, they may encounter in the course of conducting cases.
«Disputes over the allocation of land shares may arise not only due to violations of the procedure, but also due to shortcomings in the legislation itself, as well as the lack of clear criteria for determining rights to land plots». [2, P. 179].
A systematic analysis and scientific classification of land disputes represent an essential methodological basis for developing effective mechanisms for their resolution and improving the regulatory framework in this area.
In the scientific studies of A.P. Vasilyeva and D.N. Konokotin, a fundamental typology of disputes arising during the formation of land plots is presented, with a special emphasis on the procedure for the allocation of land shares. Based on their research, the following classification can be distinguished:
Procedural and legal disputes:
- Related to violation of the procedure for the formation of land plots established by law
- Include challenging the legitimacy of decisions of general meetings of participants in shared ownership
- Based on procedural violations (lack of proper notification, failure to meet the quorum)
Territorial and demarcation disputes:
- Arise when participants in shared ownership disagrwith the parameters of the land surveying project
- Affect issues of determining the spatial characteristics of plots
- Manifest at the stage of coordinating the boundaries of land plots
Disputes over the protection of third-party rights:
- Caused by insufficient consideration of the interests of persons who are not participants in shared ownership
- Characterized by the presence of a conflict of interest between different categories of rightholders
- Require a comprehensive legal analysis and judicial settlement
Disputes over legal validity:
- Concern cases of the formation of land plots with significant violations legislation
- Include situations related to unfair actions of participants in legal relations
- Affect issues of authenticity of title documentation
Cadastral information disputes:
- Related to identifying and correcting errors in cadastral data
- Require adjustments to the documentation of state cadastral registration
- Affect the legal purity of the procedure for the formation of land plots. [2,
P. 178].
Theoretical and legal analysis of land disputes in modern legal practice demonstrates their complex nature. Territorial conflicts between adjacent land users arise mainly in the process of economic activity, construction and reconstruction of real estate. The fundamental reason for such disagreements is the lack of consensus on the spatial localization of land plot boundaries.
According to the study [3 P. 306], the main determinants of the emergence of territorial disputes are the discordance of cadastral data and the actual location of boundaries, the absence of materialized boundary markers on the ground, as well as the transformation of the landscape under the influence of natural and anthropogenic factors.
Scientific and methodological systematization of land disputes forms a theoretical basis for improving land legislation and optimizing law enforcement
practice. Within the framework of this approach, disputes are distinguished over title, affecting the legitimacy of title documents, disputes over boundary demarcation, requiring land management expertise, procedural disputes in the allocation of land shares, disputes over the invalidity of administrative procedures, disputes about the reliability of cadastral data, as well as disputes about the land use regime. The institution of advocacy acquires special theoretical and practical significance in the mechanism for resolving land disputes. Professional representation of the interests of the parties contributes to achieving legal certainty and ensuring the legitimate interests of participants in land legal relations. Doctrinal sources examine the procedural aspects of advocacy and the legal instruments for protecting the interests of clients in land disputes, which contributes to the development of effective mechanisms for resolving such conflicts.
Bespalko D.S. draws attention to the importance of systematic legal protection in land disputes, but his conclusions can interpreted more broadly. [4, P. 166]. Land legislation in Russia does undergo regular changes, which leads to the need for lawyers to constantly improve their skills and adapt to the new legal reality. This can agreed with, since land is not just a resource, but the basis of economic stability and well-being of society, and the protection of rights to it requires reliable legal support.
Effective resolution of land disputes is a complex process that requires the integration of deep legal knowledge, understanding of the socio-economic determinants of land use and the use of modern mediation technologies to achieve an optimal balance of interests of the parties to the legal relationship.
The institutional role of a lawyer in resolving land disputes is characterized by multifacetedness and systemic complexity. This category of legal conflicts goes beyond traditional issues of title ownership and use rights, representing a complex convergence of private interests, legal regulation and the public good. In this context, a lawyer acts not only as a procedural representative, but also as a "legal architect" who forms a comprehensive argumentation taking into account the legal, social and economic parameters of a particular case.
The professional competence of a lawyer in land disputes includes systemic legal analysis, development of a procedural strategy, representation in judicial and administrative instances, as well as facilitating compromise solutions between the conflicting parties.
The specificity of land disputes is determined by their direct connection with natural resource potential, which has both material and non-material value for the parties to the legal relationship. This necessitates going beyond the standard legal analysis and requires the lawyer to have a deep understanding of the nature of the conflict in order to formulate sustainable and fair decisions that take into account the long-term consequences for all stakeholders.
A lawyer in land disputes is at the intersection of private and public law interests, which requires a balanced approach to protecting the client's rights, taking into account social norms, administrative regulations and environmental imperatives.
This position presupposes the presence of competencies not only in the field of law, but also in the field of negotiation, mediation and conflictology, taking into account the emotional and psychological aspects of land disputes.
The role of a lawyer in the formation of judicial practice, which influences the development of land legislation, is of particular importance. This positions lawyers as informal agents of legal modernization, contributing to the improvement of law enforcement practice. In the current conditions of transformation of land legal relations, there is a growing need for further professionalization of advocacy in the field of land disputes. This involves the development of specialized competencies, the introduction of innovative methods of legal protection and strengthening the role of advocacy in the formation of a sustainable system for resolving land conflicts.
Thus, the institution of advocacy plays a fundamental role in the mechanism for resolving land disputes, ensuring not only the protection of the rights of participants in legal relations, but also contributing to the development of the legal system as a whole.
The effectiveness of advocacy in this area is determined by the synthesis of professional competencies, a deep understanding of the socio-economic context and
the ability to form sustainable legal solutions. Further development of the institution of advocacy in the field of land disputes requires a systematic approach to improving qualifications, introducing innovative methods of legal protection and strengthening the role of the advocacy community in improving land legislation.
СПИСОК ЛИТЕРАТУРЫ:
1. Dornicheva, A. V. Specifics of the concepts "land dispute", "dispute over rights to a land plot" and their features // Interactive Science. 2022. №. 10 (75). P. 62-64;
2. Vasilyeva, A. P. Disputes on the formation of land plots when allocating land shares // Youth and Science: Current Issues of Fundamental and Applied Research, 2023. P. 176-179;
3. Analysis of a land dispute that arose in connection with the clarification of the boundaries of disputed land plots // Youth, Science, Innovation. 2023. P. 303-309;
4. Bespalko, D. S. Protection of land rights with the participation of a lawyer // Scientific research of young scientists: collection of articles of the XIX International scientific and practical conference, Penza, July 27, 2022. Penza: Science and Education (IP Gulyaev G.Yu.), 2022. P. 166-168
