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Land law problems of placing of line and other economically significant objects of state and local significance
23.11.2015
Dmitry Zheleznov, Advocate of the Law Firm “YUST”, prepared an article for the Law and Politics magazine. The article is co-authored by Natalia Zhavoronkova, Doctor-at-Law, Professor, Head of the Chair of Environment and Natural Resources Law of the Oleg Kutafin Moscow State University of Law.
Annotation: This article studies the legal constructs (confiscation of a land plot, easement, lease agreement), which may enable the access to private land plots for the purposes of placing there line and other econo0mically significant objects of state and local significance. The norms of the Russian law that regulate the relations concerning the construction and reconstruction of said objects as well as the provisions of the doctrinal research on the theme and legal positions reflected in the court practice are the object of the study. The study has been done on the basis of the modern general scientific methods of research (synthesis, system analysis) as well as special scientific methods (technical juridical analysis, comparative law and logical analysis). The authors conclude that not one of the above-mentioned legal mechanisms may be unconditionally recommended to the persons interested in the placement of line and other economically significant objects of state and local significance in private land plots, due to the existing legal problems of their application. In this consideration, the suggestions on improving the current legislation are formulated.
Dmitry Zheleznov, Advocate of the Law Firm “YUST”, prepared an article for the Law and Politics magazine. The article is co-authored by Natalia Zhavoronkova, Doctor-at-Law, Professor, Head of the Chair of Environment and Natural Resources Law of the Oleg Kutafin Moscow State University of Law. Annotation: This article studies the legal constructs (confiscation of a land plot, easement, lease agreement), which may enable the access to private land plots for the purposes of placing there line and other econo0mically significant objects of state and local significance. The norms of the Russian law that regulate the relations concerning the construction and reconstruction of said objects as well as the provisions of the doctrinal research on the theme and legal positions reflected in the court practice are the object of the study. The study has been done on the basis of the modern general scientific methods of research (synthesis, system analysis) as well as special scientific methods (technical juridical analysis, comparative law and logical analysis). The authors conclude that not one of the above-mentioned legal mechanisms may be unconditionally recommended to the persons interested in the placement of line and other economically significant objects of state and local significance in private land plots, due to the existing legal problems of their application. In this consideration, the suggestions on improving the current legislation are formulated.
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