The State of Legality in the Field of Urban Planning and Measures to Increase the Effectiveness of Prosecutorial Supervision of the Implementation of Laws in This Area (Based on Materials from the Prosecutor's Office of the Republic of Dagestan)

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Abstract

The article analyzes the state of legality in the field of urban planning, which has developed in the Republic of Dagestan in recent years. As a result of the analysis, the author comes to the conclusion that, despite the adoption of exhaustive measures of prosecutorial supervision, the unsatisfactory state of legality in this area is maintained due to non-fulfillment of court decisions for the demolition of unauthorized buildings erected on the lands of the recoverers- municipalities, from For the absence of debtors to finance the costs of drawing up projects, estimates and execution of dismantling work on their demolition. It is justified by the need to give the bailiff the authority to submit in the framework of the enforcement proceedings in its proceedings, a motivated decision on the payment of these expenses from municipal budget accounts of the recoverers after taking comprehensive measures to search for funds and not detecting the same by the debtor, with the simultaneous disposal of the debtor. obligations for their subsequent compensation; Such a legislative solution to the problem gives the prosecutor the reason to demand from the bailiff the implementation of this executive action and thereby will ensure the real execution of court decisions on the demolition of unauthorized buildings, which will increase the effectiveness of prosecutorial supervision and the level of legality in this area

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About the authors

Magomed Abdulkadyrovich Magomedov

Prosecutor's Office of the Republic of Dagestan

Email: 05056666@mail.ru
Cand.Sci.(Law), Head of the Department for Supervision of the Federal Legislation of the Prosecutor's Office of the Republic of Dagestan, senior adviser to justice, Honored Lawyer of the Russian Federation. Makhachkala, Russia

References

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