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VITALY ANATOLIEVICH PETRUSHKINа
аArbitration Court of the Volga District
DOI: 10.22394/2070-8378-2022-24-3-25-29
Abstract:
The article analyzes the issues related to implementing and protecting the rights to land plots in public ownership, as well as individuals and legal entities who own buildings and structures placed on these plots. The procedure for acquiring publicly owned land plots by owners of buildings and structures placed on them, stipulated by Art. 36 of the Land Code of the Russian Federation, was the basis for a new norm that significantly expanded the legal mechanisms and foundations for repurchasing land plots through privatization. However, in Russian judicial and arbitration practice, there is still a considerable number of cases involving disputes related to the protection of the rights to land plots of individuals and legal entities. In addition, considering the functional purpose of the territory, many complex issues arise regarding the size of the claimed area of the plot on which the structure is built. The legal problem associated with preserving the lease of a land plot in the case of destruction of an object placed on it, as well as the right to conclude a new lease agreement without tenders, also requires an immediate legislative resolution. The procedure for actions in the case of destruction of real estate, when the lease agreement for a land plot concluded by the owner of the destroyed building contains conditions that exclude the right to sign a new contract, has not been defined.
Keywords:
land plot, land legal relations, destruction of property, lease agreement
Received:
April 18, 2022
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