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Administrative and municipal law
Reference:

Legal Procedures in Regulation of the Provision of Land for Burial

Burganova Guzel Vilsurovna

Senior Lecturer, Department of Criminal Procedure and Criminalistics, Kazan Federal University

420008, Russia, Republic of Tatarstan, Kazan, Kremlevskaya str., 18, room 337

miss.burganova2011@yandex.ru

DOI:

10.7256/2454-0595.2023.2.39693

EDN:

EVBOWL

Received:

30-01-2023


Published:

14-03-2023


Abstract: The purpose of the article is to analyze the content of the legal procedure for providing land plots for burial. The article considers the law enforcement aspects of the implementation of this legal procedure based on the analysis of the norms of the current Russian legislation on the funeral business. The subject of the article is the norms of Russian legislation on burial and funeral business. Based on the analysis of the stages of the provision of municipal services for the provision of land plots for burial, the procedural-declarative nature of the implementation of the right to burial is substantiated. The participants of the relevant legal procedure are identified and the sequence of actions in the provision of this service is determined. In the course of writing the article, modern methods of scientific knowledge, both general scientific and private, were used. The author used methods of analysis, synthesis, inductive-deductive method; the analysis of the Russian legislation on burial and the funeral business was carried out using the formal legal method. As a result, the main directions for improving the legal regulation of the legal procedure for the provision of land plots for burial are proposed; the place of legal procedures in the matter of meeting the socially significant need in organizing the burial place of a deceased person is determined. The author concludes that the procedure for the provision of land plots provided for by law is of an administrative nature, since it is carried out as part of the procedure for the execution of state or municipal services. The specific nature of the limited rights to the burial place allows us to consider the regime for using the land plot provided for burial as a unique land-legal regime that requires proper legislative registration.


Keywords:

burial place, land legislation, administrative legislation, management, local government, safety requirements, land plot, cemetery, law, provision of a land plot

This article is automatically translated.

 

The right to burial of the deceased, guaranteed by Article 1 of Federal Law No. 8-FZ of January 12, 1996 "On Burial and Funeral Business" (hereinafter referred to as the Law on Burial [1]), has a special social and legal value. Its implementation makes it possible to observe the procedure established by cultural traditions for handling the body of the deceased, which is buried in accordance with customs or otherwise buried. The establishment of an appropriate regulatory framework for the implementation of the right to burial allows satisfying the social need for the organization of the burial place and the subsequent care of loved ones about the grave of the deceased. These circumstances emphasize the importance of the issue under consideration and the need for a scientific analysis of the procedure for granting land plots for burial. S.V. Mokhov notes among the problems of the ritual market imperfections of legal regulation, the lack of appropriate supervision by the authorities, as well as the actual delegation of powers in the area under consideration to local self-government bodies that are not part of the executive power system [6, p. 85].

In such conditions, the appeal to the issue of providing land plots for burial is very relevant and meets the needs of legal science. The exercise of the right to burial is procedural in nature. Satisfaction of the need for the organization of the burial place of the deceased requires the implementation of a certain sequence of actions, the sum of which leads to the desired result. The concept of "procedure" (from Lat. "procedo" – a procession, a move, moving forward, going forward [9, p. 722]) in the legal doctrine is understood, first of all, as a certain sequence of actions [7, p. 23]. Any procedure pursues the achievement of a specific goal – in the context of the issue under consideration, the provision of a land plot for burial. The legal nature of the procedure is given by the specificity of the goal being achieved – the result of the procedure is legal in nature.

Acting as a means of stabilizing and normalizing the law enforcement activities of the authorized public administration body, the legal procedure ensures the regularization of the state's response to a person's request for recognition or implementation (protection) of their right. As a way of establishing the legal order, the legal procedure should be considered as a certain legal guarantee that ensures the achievement of the desired result – the realization of the right to burial. The current legislation establishes a guaranteed right to grant a land plot for burial free of charge (Article 7 of the Law on Burial).

Burial is considered as a set of ritual actions for the treatment of the body of a deceased person, which can be carried out in various ways. Burying the body of the deceased in the ground is the most common method of burial, but it is not the only one. Burial is a special case of burial, since along with it there is cremation as a way of putting the body of a deceased person to the fire, followed by placing his ashes in an urn. Thus, burial and burial relate to each other as private and general. The gratuitous nature of the provision of a land plot is a barrier to power abuses in such a sensitive area for society.

So a person can leave specific instructions about the form and method of his burial, the implementation of which is possible if there is a free plot of land or a plot located next to the grave of a previously deceased loved one. The realization of the right to provide a land plot for burial is possible without any prior instructions from the person himself. The executor of the will of the deceased person for burial is a specialized service, which emphasizes the territorial boundaries of the realization of the right to provide a land plot for burial, since they are determined by the specific municipality within which the specialized service operates. The merits of the deceased to society are predetermined by the realization of the right in question, taking into account the possibility of his burial in a military, memorial cemetery.

The legal status of relatives (relatives) of a deceased person in the context of the realization of the right to provide a land plot for burial is determined by the fact that they assume the obligation to carry out the burial and bear the burden of related costs. Public authorities and relevant legal entities provide assistance to the relatives (relatives) of the deceased in the process of organizing the burial. An alternative to traditional inhumation – cremation is considered as the preferred option for saving expended land [3, p. 81], however, it also requires the organization of a burial place – in a columbarium or a wall of memory.

The regulatory and legal regulation of the activities of these specialized services is carried out at the local level, in connection with which the relevant legal act is adopted by local self-government bodies, which determines the scope of powers of the organizations in question. The purpose of the activities of specialized services is to exercise the full scope of authority in the field of meeting a publicly significant need for the organization of a burial site. In this regard, it is necessary to state the primary role of local law-making in regulating the procedure for providing a land plot for a burial place. The provision of land plots for burial is considered as a result of the provision of municipal services, which makes it possible to qualify this legal procedure as an administrative procedure.

By-law regulation of the legal procedure for the provision of land is carried out through the development of the adoption of municipal administrative regulations, which are quite typified and rarely differ from each other in the specifics of the definition of the procedure for the provision of land for burial. In fact, at the federal level, the regulation of the administrative procedure under consideration is carried out rather superficially, since the activities of funeral and funeral services are determined by municipal authorities, which emphasizes the key role of municipal law-making in the field of funeral and funeral services [5, p. 35]. A.A. Karlina and R.A. Nasirov consider such self-removal of the state as an attempt to absolve themselves of responsibility for what is happening in the funeral sphere [4, p. 96].

Local self-government bodies, in turn, delegate powers in the area under consideration to specialized funeral services, to which interested persons apply. The range of potential applicants includes legal entities and individuals. Traditionally, the relatives of the deceased person, or other persons who have assumed the responsibility to carry out the burial, act as individuals. The legal entities that can assume this responsibility are usually the law enforcement agencies of the State. These are, first of all, internal affairs bodies, as well as institutions of the Federal Penitentiary Service of Russia, since it is under the jurisdiction of these state authorities that people whose death in some cases excludes the possibility of close relatives who can perform burial duties.

The sequence of actions within the framework of the implementation of the legal procedure for the provision of a land plot for burial is set by stages. The starting point is the actions of the applicant to submit the relevant application to a specialized service, which is subject to mandatory admission and registration. As part of the first stage of the implementation of the legal procedure, the authorized person carries out a preliminary assessment of the completeness of the information provided and the documentary support of the submitted application. The revealed incompleteness (unreliability) of the submitted documents, as well as the applicant's disagreement with the proposed boundaries of the land plot are grounds for refusal to provide municipal services. In some cases, the service cannot be provided if it is impossible to provide this land plot, for example, due to lack of space. Most often, the refusal to provide municipal services at the first stage does not ensure proper regulatory regulation of the consequences of such a refusal, in connection with which the subsequent actions of the applicant remain unresolved, and a similar situation [8, p. 15].

The second stage in the process of providing a land plot for burial is to notify the applicant about the possibility of providing a land plot and determining its boundaries. The Administrative Regulations establish the minimum boundaries of the provided land plot and standards for determining its relationship with neighboring land plots. As the third stage of the administrative procedure under consideration, it is necessary to single out the registration of a land plot in respect of which all preparatory work has been carried out, which is confirmed by a certificate issued to the applicant. An important element of the system of guaranteeing the right in question is the placement of the body of the deceased in the morgue. The gratuitous nature of this action is set for up to seven days. This period may be extended if there are obstacles to the realization of the right in question, in particular, the search for relatives and relatives is carried out [2, p. 24-25].

Persons who have assumed the responsibility for the burial of the deceased are notified of the specific location of the land plot provided for burial, and also assume responsibilities for its maintenance (arrangement) with the issuance of an appropriate certificate. The burden of responsibility for this land plot may be transferred to another person by submitting a corresponding application to the authorized public authority. Responsibility for this land plot provides for the need to maintain cleanliness, care and timely repair of grave structures. Cemeteries are a typical place for organizing the burial of deceased people on the territory of the Russian Federation. The cemetery administration acts as an organization responsible for the maintenance of the cemetery territory in proper condition and carrying out all necessary work on the installation of grave structures.

In most municipalities of the Russian Federation, cemetery administrations issue certificates (passports) for burial. This document is a confirmation of the right to use the relevant land plot for the organization of the burial place. The administration of the cemetery is subordinate to the administration of the relevant municipality and carries out the entire complex of economic and organizational work on the maintenance of the cemetery territory. The powers of the cemetery administration to provide the municipal service in question and to provide a place for burial are to allocate the appropriate land plot, establish its boundaries, inventory the land plot and prepare it for the burial of the body of the deceased.

In order to exercise the right to a plot of land for burial, a specialized service transports the body of a deceased person to the place of burial, or to another locality, if the will of the deceased person required it. A plot of land for burial is provided for indefinite use; its withdrawal is possible only in the case of established orphan burials. As you know, the right of indefinite use restricts the powers of a person, but the gratuitous nature qualitatively distinguishes it from various types of land lease. The use involves the operation of the land plot in accordance with its intended purpose. In the context of this study, this means using a land plot as a burial place for a deceased person without a fixed deadline. Temporary restrictions for burial plots can be established in the event of its ownerlessness (that is, the absence of responsible persons who have assumed responsibilities for the care of the plot). Guarantees of the realization of rights to a plot of land for burial are supplemented by a system of guaranteed burial services. This is the minimum service set provided free of charge by a specialized service. Services in excess of the stipulated minimum may be paid for by relatives (relatives). Failure to provide guaranteed services by a specialized service entails the onset of administrative responsibility. The quality standards of these services, as well as their price standards, are set by local governments.

Finalizes the provision of this municipal service by the direct provision of the relevant land plot, as a result of which the applicant is provided with a certificate of burial, which acts as a title and legal confirmation document. It should be noted that the municipal service in question is not provided as an independent guaranteed service included in the list of Article 9 of the Law on Burial, but acts as an integral element of the right to burial as such.

It is obvious that the wording chosen by the legislator "registration of documents necessary for burial" does not accurately reflect the essence of the service provided, in fact distorting the procedural nature of the provision of land for burial. The title of Article 9 of the Law on Burial clearly refers these actions to the category of services provided to the applicant, but the paperwork does not exhaust the entire content of the actions of the authorized bodies to provide the relevant site. In fact, with such a formulation, actions are performed outside the boundaries of the provided service to coordinate the provided land plot, which reduces the applicant's freedom of viewing within the framework of this legal procedure. It seems that the formula chosen by the legislator "registration of documents necessary for burial" should be replaced in Article 9 of the Law on Burial with a more appropriate phrase "provision of land and registration of documents necessary for burial".

It can be concluded that the right guaranteed by the current legislation to the burial of a deceased person is carried out within the framework of a specific administrative procedure, which is declarative in nature. Satisfaction of the socially significant need for the organization of the burial place is carried out through the provision of appropriate municipal services, which determines the establishment of the procedure for the implementation of this administrative procedure at the level of the relevant administrative regulations of the municipality. The legislation on burial superficially touches upon the issue of the procedure for providing a land plot for burial, in particular, the name of the corresponding guaranteed service is not precisely formulated. This requires a point correction of the text of the Law on Burial in part of the established list of guaranteed services.

 

 

 

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First Peer Review

Peer reviewers' evaluations remain confidential and are not disclosed to the public. Only external reviews, authorized for publication by the article's author(s), are made public. Typically, these final reviews are conducted after the manuscript's revision. Adhering to our double-blind review policy, the reviewer's identity is kept confidential.
The list of publisher reviewers can be found here.

The subject of the study. The reviewed article "Legal procedures in the legal regulation of the provision of land for burial", as follows from its content, has as the subject of research the norms of law governing the provision of land for burial, as well as the problems of implementation and application of these legal norms. Research methodology. In the course of writing the article, the author applied modern methods of scientific cognition, both general scientific and private. The methodological apparatus of the article consists of the following elements of analysis: diachronic and synchronous, internal and external comparison, as well as dialectical methods of scientific cognition: analysis, abstraction, induction, deduction, hypothesis, analogy, synthesis, historical and theoretical-prognostic, formal-legal. The work used a combination of theoretical and empirical information. Relevance. The topic of the article is relevant, since the actual public relations arising from the provision of land for burial are complex, requiring special legal regulation, but unfortunately, currently the regulatory framework in this area is insufficiently developed, which leads to difficulties in law enforcement and the realization of rights. Scientific novelty. We can agree with the author of the article that this topic has not been sufficiently developed in jurisprudence. The author has chosen only a separate aspect of this issue - the provision of land for burial, namely the issue of legal procedures for this state (municipal) service. Style, structure, content. In general, the article was written in a scientific style, using special legal terminology. However, the abbreviations used in the text should be explained at the first mention (GC, CC). The author has made an attempt to structure the article, although there is no formal division of the article into parts. In the introduction, there is a mention of the relevance of the topic. The conclusion contains a very general conclusion, without indicating the specific results of the study conducted by the author. We believe that the substantive part of the work needs to be finalized, namely, it is necessary to study the provisions of other normative legal acts regulating relations on the provision of land for burial (in particular, the Federal Law "On Burial and Funeral Business", which contains basic provisions). The author tries to analyze the provisions of civil legislation from the point of view of studying the administrative procedures for the provision of land for burial (the acceptability of such an approach should be explained). In addition, it is necessary to familiarize yourself with the scientific works of other authors dealing with this issue (for example, S.V. Mokhov, Ryabtseva A.Yu., Zatolokina N.M., etc.). Bibliography. Of course, the author has studied an insufficient number of bibliographic sources for a scientific article. Appeal to opponents. The author addresses other opinions in his article, correctly formalizing borrowings in the form of citations. At the same time, the study of other publications on this topic will allow the author to more convincingly argue his position on the problem he raised in the article. Conclusions, the interest of the readership. The article "Legal procedures in the legal regulation of the provision of land for burial" cannot be recommended for publication in the scientific journal "Administrative and Municipal Law", since it does not meet all the requirements and needs to be finalized. In general, the topic of the article is very relevant, has practical significance and may be of interest to the readership.

Second Peer Review

Peer reviewers' evaluations remain confidential and are not disclosed to the public. Only external reviews, authorized for publication by the article's author(s), are made public. Typically, these final reviews are conducted after the manuscript's revision. Adhering to our double-blind review policy, the reviewer's identity is kept confidential.
The list of publisher reviewers can be found here.

In the article "Legal procedures in the legal regulation of the provision of land for burial" submitted for review, the author reveals the problems that seem promising for legislative regulation of the regulation of the procedure for the implementation of procedures related to burial, selection and use of the relevant land plot by relatives of the deceased. The author's argument seems justified that "One of the controversial issues is the problem of determining the legal regime of the provided land plot" for the purposes of burial of the deceased, that is, important in the modern period of social development is the question of what legal right and, accordingly, with or without the conclusion of any special agreement, land plots are provided for burial is another gap in the legislation on burial and funeral business, but according to established practice, granting citizens land plots for burial does not entail the emergence of any proprietary or binding rights to it. Subject of research: The title of the article proposed by the author "Legal procedures in the legal regulation of the provision of land for burial" involves an analysis of the legal regulation of the issue under study (the specifics of the procedure itself and a description of its stages). However, following from the title, it will not immediately be clear to the reader what will be discussed in the article? That is, the author does not specify ... for the burial (of whom? The deceased or what? Waste, for example). Therefore, the title of the work itself needs to be clarified. In addition, the nature of the claimed study is not entirely clear. Or will the administrative procedure be considered (in particular, the work shows to some extent: "... it is possible to analyze the most typical features of this administrative procedure ...")? Or does the author still want to make the bias of his research into the civil sphere of legal relations ("... the beneficiary of limited rights is a person who is not the owner of this particular thing ...") The author writes erratically, it is not clear from what motives he moves from the administrative procedure to civil law relations, which indicates the shortcomings of the work done by the author with the material. The problems cited by the author have not been disclosed. In particular, the author provides a reference to "... the use of someone else's thing" and further does not disclose why he addresses this issue by virtue of the stated title on procedures. Research methodology: The article mainly uses the method of description. The author is inconsistent in disclosing the subject of the study, the work does not use special legal methods that would help to investigate the practice of various municipalities on the same issue of providing municipal services on the topic. The author gets confused in terminology, turning now to the issue of "burial", then back to "burial". It would be advisable to take as a basis the specifics of the administrative procedure (as stated in the title of the article), to investigate and summarize the procedure for its provision; it is possible to highlight the subjects using the examples given (an attempt is made in the text to highlight them. ".As already mentioned above, the applicant, within the framework of the relevant administrative procedure, is not the only entity acquiring the opportunity to use the allocated land plot, although he has the main responsibilities for carrying out direct burial.."), including the author of their varieties highlights in the text: applicants, relatives, municipal authorities, etc. Next, show what gaps there are in this issue and draw conclusions based on the practice of legal regulation. The relevance of the author, unfortunately, is not shown. The article immediately makes a specification of the object of research without indicating the relevance of the question "... For proper resolution of this issue, it is necessary to turn to the analysis of the process of providing these sites, taking into account the peculiarities of the legal status of participants in this process ..." Thus, the reader does not understand what question is actually being discussed? About the plots? Or about the status of the participants in the process? What is the actual problem? Scientific novelty is poorly manifested, since the author's theses are scattered throughout the text. There are disadvantages of the author's use of the terminological apparatus (for example, the basic terms "burial" and "burial" are not disclosed at all.). There are only three references to the author's works on the topic, which is unreasonable from the point of view of revealing the theory. Style, structure, content: The style as a whole has a legal color. However, there are many non-legal turns in the work. Excessive substitution also spoils the work in order to achieve an increased level of uniqueness, which is not at all incompatible with the legal style; some parts of the proposals are very difficult to read and understand as a legal text: -Federal Law No. 210-FZ of 07/27/2010 "On the Organization of the provision of State and Municipal Services" (hereinafter – FZ No.210) ( Federal Law No. 210-FZ dated 07/27/2010 (as amended on 12/30/2021) "On the organization of the provision of state and Municipal services" // Rossiyskaya Gazeta, No. 168, 30.07.2010; No. 1, 10.01.2022) Or -"Articles 17 of Federal Law No. 8" title of the law? His date? (according to GOST) - such a design is unacceptable for scientific articles. -"to perform the duties of his burial" (to whom or what does the word "his" refer?) - "Obvious reason" (Maybe "legal"?) - failure to ensure proper regulatory regulation of the consequences of such a refusal, in connection with which the applicant's subsequent actions in such a situation remain unresolved (the proposal is not clear at all) - the "Shadow" nature of the applicant's motivation (the term is not clear and how it relates to the research topic. Maybe hidden? Although why is there a motive here? After all, we should be talking about procedures) - "Most often, the applicant's refusal does not require the party providing this municipal service to clarify the motivation for this refusal." or "It is necessary to note the gratuitous nature of this service provided." (what did the author want to say?) -"to the question of the scope of authority of the person to whom it is granted" (do you need to specify whose authority? Which authority?) "By the current legislation on the funeral business, it is the applicant who is considered as the person taking on responsibilities" (how can responsibilities be "taken"?) "As a result, the sole applicant becomes the beneficiary of the considered administrative procedure, which, following the general logic, receives limited property rights to the provided land plot." (something needs to be clarified here) -"The notification is finalized with a signature", etc. errors and typos, e.g.: "strictly about certain limits of action", etc. Bibliography: There are some references to articles in the work (3), but this is not enough. There are developments on this topic that would allow the author to study this topic in detail, for example: A.V. Magyarova Problems of funeral business organization (2010), I.I. Tyunina Improvement of legislation on burial and funeral business (2016), etc., as well as dissertations on the topic by the authors: K. M. Shirokov, A. S. Shokel, etc. Appeal to opponents: The article has no discussion component. Conclusions, the interest of the readership. The work is a set of arguments that should be justified by the author: identify the main problems in this area, analyze legislation, and possibly support it with examples of judicial practice (including using the positions of the Constitutional Court of the Russian Federation). Eliminate defects in the content in accordance with the stated name. The author is invited to reasonably build a single thought in the text that corresponds to the stated topic and back it up with legal sources. In the revised version with well-founded and proven theses, it is of some interest to readers.

Third Peer Review

Peer reviewers' evaluations remain confidential and are not disclosed to the public. Only external reviews, authorized for publication by the article's author(s), are made public. Typically, these final reviews are conducted after the manuscript's revision. Adhering to our double-blind review policy, the reviewer's identity is kept confidential.
The list of publisher reviewers can be found here.

A REVIEW of an article on the topic "Legal procedures for the provision of land for burial". The subject of the study. The article proposed for review is devoted to topical issues of providing land plots for burial. The author examines the procedural aspects of the stated problem, and also suggests directions for improving legislation. The subject of the study was the norms of legislation, the opinions of scientists, and the materials of practice. Research methodology. The purpose of the study is not stated directly in the article. At the same time, it can be clearly understood from the title and content of the work. The purpose can be designated as the consideration and resolution of certain problematic aspects of the issue of procedural aspects of the provision of land for burial. Based on the set goals and objectives, the author has chosen the methodological basis of the study. In particular, the author uses a set of general scientific methods of cognition: analysis, synthesis, analogy, deduction, induction, and others. In particular, the methods of analysis and synthesis made it possible to summarize and share the conclusions of various scientific approaches to the proposed topic, as well as draw specific conclusions from the materials of practice. The most important role was played by special legal methods. In particular, the author actively applied the formal legal method, which made it possible to analyze and interpret the norms of current legislation (first of all, the norms of the legislation of the Russian Federation). For example, the following conclusion of the author: "Acting as a means of stabilizing and normalizing the law enforcement activities of the authorized public administration body, the legal procedure ensures the streamlining of the state's response to a person's request for recognition or realization (protection) of their right. As a way of establishing a legal order, a legal procedure should be considered as a certain legal guarantee that ensures the achievement of the desired result – the realization of the right to burial. The current legislation establishes a guaranteed right to grant a land plot for burial free of charge (Article 7 of the Law on Burial)." Thus, the methodology chosen by the author is fully adequate to the purpose of the study, allows you to study all aspects of the topic in its entirety. Relevance. The relevance of the stated issues is beyond doubt. There are both theoretical and practical aspects of the significance of the proposed topic. From the point of view of theory, the topic of procedural aspects of burial is of interest, since it is associated with the realization of the rights of relatives of the deceased, as well as with the realization of the will of the deceased. As the author of the article correctly notes, "In such conditions, addressing the issue of providing land for burial is very relevant and meets the needs of legal science. The exercise of the right to burial is procedural in nature. Satisfying the need to organize the burial place of the deceased requires the implementation of a certain sequence of actions, the sum of which leads to the desired result." The author is right to highlight this aspect of relevance. On the practical side, it should be recognized that problems often arise in interpreting the norms of legislation on the procedural aspects of burial. The practical examples given by the author in the article clearly demonstrate this issue. Thus, scientific research in the proposed field should only be welcomed. Scientific novelty. The scientific novelty of the proposed article is beyond doubt. Firstly, it is expressed in the author's specific conclusions. Among them, for example, is the following conclusion: "the right guaranteed by current legislation to the burial of a deceased person is carried out within the framework of a specific administrative procedure, which is declarative in nature. Satisfaction of a socially significant need for the organization of a burial place is carried out through the provision of appropriate municipal services, which determines the establishment of the procedure for the implementation of this administrative procedure at the level of the relevant administrative regulations of the municipality. The legislation on burial superficially touches on the issue of the procedure for providing a land plot for burial, in particular, the name of the corresponding guaranteed service is not precisely formulated. This requires a point correction of the text of the Law on Burial in terms of the established list of guaranteed services." These and other theoretical conclusions can be used in further scientific research. Secondly, the author suggests ideas for improving the current legislation. In particular, "the wording chosen by the legislator "registration of documents necessary for burial" does not accurately reflect the essence of the service provided, in fact distorting the procedural nature of the provision of land for burial. The title of Article 9 of the Law on Burial clearly refers these actions to the category of services provided to the applicant, but the paperwork does not exhaust the entire content of the actions of the authorized bodies to provide the relevant site. In fact, with such a formulation, actions are performed outside the boundaries of the provided service to coordinate the provided land plot, which reduces the applicant's freedom of viewing within the framework of this legal procedure. It seems that the formula chosen by the legislator "registration of documents necessary for burial" should be replaced in Article 9 of the Law on Burial with a more appropriate phrase "provision of land and registration of documents necessary for burial ". The above conclusion may be relevant and useful for law-making activities. Thus, the materials of the article may be of particular interest to the scientific community in terms of contributing to the development of science. Style, structure, content. The subject of the article corresponds to the specialization of the journal "Administrative and Municipal Law", as it is devoted to legal problems related to the definition of procedural aspects of burial in the Russian Federation. The content of the article fully corresponds to the title, as the author considered the stated problems and achieved the research goal. The quality of the presentation of the study and its results should be recognized as fully positive. The subject, objectives, methodology and main results of the study follow directly from the text of the article. The design of the work generally meets the requirements for this kind of work. No significant violations of these requirements were found. Bibliography. The quality of the literature used should be highly appreciated. The author actively uses the literature presented by authors from Russia (Danilov E.P., Zatolokina N.M., Ryabtseva A.Yu., Karlina A.A., Nasirov R.A., Mokhov S.V. and others). Thus, the works of the above authors correspond to the research topic, have a sign of sufficiency, and contribute to the disclosure of various aspects of the topic. Appeal to opponents. The author conducted a serious analysis of the current state of the problem under study. All quotes from scientists are accompanied by author's comments. That is, the author shows different points of view on the problem and tries to argue for a more correct one in his opinion. Conclusions, the interest of the readership. The conclusions are fully logical, as they are obtained using a generally accepted methodology. The article may be of interest to the readership in terms of the systematic positions of the author in relation to the issues of improving the legislation of the Russian Federation regulating the provision of land for burial. Based on the above, summing up all the positive and negative sides of the article, "I recommend publishing"