Pysheva E.S. Legal Regulation of Land Reclamation in Germany

Abstract: The article explores the German experience of the legal regulation of relations in the field of land reclamation. The actuality of the topic is due to the economic and social role of reclamation as one of the measures for the protection of land. Also every year the magnitude of the negative impact of anthropogenic and natural character on the land of both in Russia and around the world increase. Under these conditions, the experience of Germany, as one of the most developed European country, which pays great attention to environmental aspects of all production processes, including agriculture, is of significant interest. The author considers the present state of the legislation on land reclamation in Germany, as well as a comparative analysis of the legal requirements of the legislation of Germany and the Russian Federation in the area. The article notes that the reclamation relations in Germany are governed by different legal acts in the absence of a uniform approach to the regulation of these relations. Special attention in these acts is given to the consolidation of the order of creation and activity of various associations in the field of rational use and protection of certain natural resources, one of the functions of which is the land improvements. The author gives specific suggestions for consideration in the Russian legislation of the existing positive experience of Germany in the field of land reclamation. On the basis of the analysis of the German legislation the three groups of rules are allocated which regulate the reclamation relations: norms of the law of protection of the environment, norms of civil law, norms of tax law. Each group of rules is considered by the example of the most important legal acts that affect various aspects of the reclamation activities. During analyses of this acts the authors used abstract, logic, formal, legal and comparative legal methods of scientific knowledge.

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