Volume 03 Issue 08-2023
21
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
08
Pages:
21-24
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
this article covers the role of the economic mechanism in the use and protection of land and its importance. On the
basis of scientific and legal polemics, issues of legal regulation of the economic mechanism of land protection are
based. The legislation of national and foreign countries related to the issues of legal regulation of the economic
mechanism of land protection has been scientifically-theoretically analyzed. Currently, the work carried out in the field
of organization and protection of land use has been put into question.
KEYWORDS
Land, rational use of land, land protection, economic mechanism of land protection.
INTRODUCTION
The presence of an effective economic mechanism in
the process of land protection has an important
relevance. Because in the process of land use, some
subjects of Rights harm it to some extent, or rather
land users carry out a number of measures in order to
increase its efficiency and productivity. Since the state,
in turn, as the owner of land, which is considered
nationwide wealth, has control over the activities of
the subjects of law related to land use, it is not difficult
to imagine how important the position of this
mechanism in this activity of the state is.
We are talking about the economic mechanism of land
protection, first of all, we need to reveal the essence of
the economic and legal mechanism for the protection
of the surrounding natural environment and the use of
nature. In this area, various opinions and concepts
have been expressed in the legal literature, including
o.S. Kolbasov believes that the essence of the
economic and legal mechanism that ensures the
preservation of the natural environment is manifested
in the implementation of legislative requirements for
the protection of the natural environment, in the
application of means of socio-environmental impact on
Research Article
ISSUES OF LEGAL REGULATION OF THE ECONOMIC MECHANISM OF
LAND PROTECTION
Submission Date:
August 06, 2023,
Accepted Date:
August 11, 2023,
Published Date:
August 16, 2023
Crossref doi:
https://doi.org/10.37547/ijlc/Volume03Issue08-05
Kenjaev Rustam Xaydarovich
Acting Professor Of The Department Of Environmental Law Tashkent State University Of Law, Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 03 Issue 08-2023
22
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
08
Pages:
21-24
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
legal entities and individuals whose activities affect the
state of nature[1].
O.V. Dubovik believes that the economic and legal
mechanism of protection of the natural environment
and the use of Nature represents a legal institution
covering a set of legal norms governing the conditions
and methods of spending money paid for financing
nature protection measures, stimulating the activities
of economic entities through taxes and other benefits,
polluting the natural environment and affecting it
differently[2].
M.M. Brinchuk, on the other hand, distinguishes
between the elements of the economic and legal
mechanism of protection of the environment and its
use: planning the use of nature and the protection of
the environment; financing the protection of the
environment; payment of fees for the use of nature;
environmental insurance; economic incentives[3].
V.V. Petrov believes that the economic-legal
mechanism is a separate Institute of Environmental
Law, manifested in the system of environmental-legal
norms and environmental legal relations aimed at the
implementation of the environmental imperative
established by law. V.V. The purpose of the Petrov
economic and legal mechanism is to ensure the
implementation of the environmental and legal norm,
which is achieved due to the fact that the mechanism
consists of four branches, and the purpose pursued by
it is due to the implementation of the tasks assigned to
its components. The first link of the eco-legal
mechanism is the legal norms of nature protection, the
Second Link is the environmental legal norms and
norms, the third link is the guarantees that ensure the
implementation of both basic and ecologized norms
and norms, and the Fourth Link is the final stage of the
norm action carried out in legal relations [4].
More on this issue by the legal scholars of our country,
technological measures related to the payment of
land, tax benefits and Land Recovery have been
studied not in a comprehensive way, but in a separate
way. For Example, M.B. Usmanov has researched the
issues of legal regulation of land remuneration of the
economic legal mechanism[5]. M.M. Nurmatov
discussed issues of legal regulation of payment for land
[6], B.B. Alikhanov analyzed the problems of improving
economic mechanisms in nature protection, but the
concept of the economic mechanism of land
protection was not given a holistic definition by Uzbek
legal scholars as a Category.
In our opinion, the economic mechanism of land
protection should include:
First, to establish and collect the fees paid for the use
of land and its pollution, as well as for other harmful
effects caused to it;
Secondly, financing of land protection measures;
Thirdly, economic incentives for economic persons by
providing them with taxes and other benefits, etc.
By analyzing the existing legislation and literature on
the above elements of the economic mechanism of
land protection, we can cite the following cases. From
the above, one of the elements of the economic
mechanism of land use and their protection is the
payment of a fee for the use of land.
M.M. Brinchuk argues that " one of the fundamental
principles of the use of nature is its solvency, which
focuses on the following purposes. Firstly, payments
for the use of nature are considered a source of
replenishment of the state and local budget and
environmental funds, and secondly, the main purpose
of payments is to achieve the rational use of natural
Volume 03 Issue 08-2023
23
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
08
Pages:
21-24
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
resources for which the user of nature is paid, and to
increase the efficiency of nature protection"[7].
In the land legislation of the Republic of Uzbekistan,
the content, procedure and duties of remuneration for
the use of land resources are strengthened. According
to Article 28 [8] of the Land Code, legal entities and
individuals with land plots in their possession and use
and on their property pay a fee for the land. The fee for
land is charged in the form of an annual land tax, the
amount of which is determined depending on the
quality, location and level of water supply of the land
plot. When land plots are leased, the fee for land is
charged in the form of a rent, the amount of which is
determined in accordance with the agreement of the
parties, but it should be less than one and no more than
three times the land tax rate, in a tax that is used for
agricultural needs from the land, it will be.
M.M. Nurmatov believes that in the Republic of
Uzbekistan, a fee is paid for the use of land. Legal
entities and individuals with plots of land in their
possession and use and on their property pay a fee for
the land. The fee for land is charged in the form of an
annual land tax, the amount of which is determined by
criteria such as the bonity of the soil, the level of water
supply, the proximity to highways, the distance to the
city or district Center"[9].
The procedure for calculating and paying land taxes is
given in Article 28 of the Land Code of the Republic of
Uzbekistan and in chapters 61-62 of the tax code of the
Republic of Uzbekistan.
Hence, from the above, the economic mechanism of
land protection can be described as follows: by the
economic mechanism of land protection, the
conditions and procedure for setting and accumulating
fees paid for the use of land, its pollution and other
harmful effects on it, land
it is understood a legal institution that includes the
norms of law that determine their economic incentives
by financing conservation measures and providing
taxes and other benefits to economic entities. Based
on this definition, through this mechanism, it is
necessary to finance and plan measures aimed at land
protection, to establish the amounts of payment for
the use of land, to tax economic entities and citizens
operating on the restoration of the state of land, it is
possible to achieve such tasks as providing benefits in
credit and other areas, setting the procedure for
compensating for losses to land in the prescribed
manner.
One of the pressing issues is the implementation of the
above tasks, the excellent regulation of the economic
mechanism in land protection and the relationship in
this regard, its reflection on legal grounds.
In our opinion, ideas, scientific and theoretical
proposals on the issues of legal regulation of the
economic mechanism in relations with the protection
of these stated lands should be reflected in the
legislation. Consequently, it is currently considered the
main determining factor in the economic and social
development of any state. Because the main purpose
of applying economic factors in the protection of Lands
is to establish the material value of lands and to
organize the provision of their effective use.
REFERENCES
1.
Kolbasov O.S. Correlation of administrative
and economic methods of environmental
protection. // Environmental law and the
market. M., 1994. - p. 45.
Volume 03 Issue 08-2023
24
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
08
Pages:
21-24
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
2.
Dubovik O.V. Environmental law. ed. Lawyer.
M.: 2002. - p.128.
3.
Brinchuk M.M. Environmental Law: Textbook.
–
2nd ed., reprint. and add.
–
M.: Jurist, 2005. -
p.307.
4.
Petrov V.V. Environmental Law of Russia.
Textbook for universities.
–
M.: “BEK", 1995. –
p.216.
5.
Usmonov M.B. Legal regulation of payment for
land. // Farm and law. 2002. -
№10.
- P 21-26.
6.
Nurmatov M.M. Issues of legal regulation of
payment for land. / Problems of improving land
legislation. - T.: TDYUI, 2005.
–
P.68-72 .
7.
Brinchuk M.M. Environmental law. ---M.:
JURIST. 2004.
–
p.316.
8.
Bulletin Of The Parliament Of The Republic Of
Uzbekistan.
–
1998. -
№ 5
-6. Article 82.
9.
Land law. / Editor in charge: doctor of Legal
Sciences, professor J.T.Kholmomynov. - T.:
TDYUI, 2019.
–
P.126.
