Article 3318

Title of the article

REQUISITION AS THE BASIS OF THE TERMINATION OF THE PROPERTY RIGHT TO THE LAND PLOTS
IN THE EXISTING RUSSIAN LEGISLATION 

Authors

Balashova Tat'yana Nikolaevna, Doctor of juridical sciences, associate professor, head of sub-department of civil and enterpreneural law, Bunin State University of Yelets (28 Kommunarov street, Yelets, Lipetsk region, Russia), E-mail: zahar48@bk.ru 

Index UDK

347 

DOI

10.21685/2072-3016-2018-3-3 

Abstract

Background. Among objects of the civil rights the land plots represent rather specific type of property which is characterized by the special public importance and the multipurpose appointment that causes presentation of increased requirements of the legislator to their use. Problems of legislative establishment of the bases of compulsory seizure of land at owners are now very actual as the earth carries out not only economic functions, but also is the object of surrounding environment demanding special legal protection and appropriate use. Besides, at establishment of the bases of the compulsory termination of the rights for the land plot it is necessary to take into account to feature of a ratio of private-law and public elements of legal regulation of the similar relations as compulsory withdrawal of lands is regulated not only the Civil code of the Russian Federation, but also the Land code of the Russian Federation,
than various approaches in legal regulation of the considered relations speak. The work purpose – to investigate the existing civil and land legislation of the Russian Federation fixing an order of requisition of the land plots at their owners and to carry out the analysis of its contents.
Materials and methods. Realization of research tasks was reached on the basis of the analysis of standards of the Civil code of the Russian Federation and the Land code of the Russian Federation, explanation of their sense. As methods of research the analysis method, a comparative and legal method, a method of standard and legal regulation and legallistic methods were used.
Results. The existing scientific approaches to requisition definition as to the basis of the compulsory termination of the property right to the land plot, the standards of the civil and land legislation fixing the considered basis are analysed. Certain problems in legal regulation of the considered legal relationship are revealed, and also author’s offers on their elimination are stated.
Conclusions. It is emphasized that proceeding from the given differences in interpretation of institute of requisition by the land and civil legislation of the Russian Federation, implementation of requisition of the land plots in the order determined by Art. 242 of the Civil Code of the Russian Federation can’t be carried out as such order isn’t provided by the land legislation. In turn, the Land code of the Russian Federation, in case of regulation of this legal relationship, it is necessary to recognize as the main act. 

Key words

land plot, requisition, compulsory withdrawal of the land plot 

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References

1. Sobranie zakonodatel'stva RF [Collected laws of the Russian Federation]. 1994, no. 32, art. 3301.
2. Sobranie zakonodatel'stva RF [Collected laws of the Russian Federation]. 2001, no. 44, art. 4147.

 

Дата создания: 03.04.2019 11:03
Дата обновления: 03.04.2019 11:43