To the Question of Providing Guarantees of Rights Owners of Land Plots when Sequencing Them for State or Municipal Needs


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Abstract

The purpose of the study. Analyzing certain provisions of the current legislation on the seizure of a land plot for state or municipal needs, to identify the circumstances that prevent the provision of guarantees for the rights of right holders of land plots during their seizure. Conclusions. The author concludes that the legislation contains a number of provisions that impede the provision of guarantees of the rights of right holders of land plots during their seizure. These include the provision on the admissibility of withdrawal of a land plot for the purpose of constructing a facility that is not subject to mapping in territorial planning documents in circumstances where the authorized body is not required to provide evidence confirming the exclusive need to construct the facility in the public interest, as well as evidence that the facility cannot be placed in another location. In the author's opinion, the infringement of the interests of right holders may result in the adoption of decisions on the seizure of a land plot on the basis of applications by persons provided for in article 56.4 of the Land Code of the Russian Federation. 56.4 of the RF Labor Code. The author gives an ambiguous assessment of the presumption enshrined in the legislation that the right holder received a draft agreement on the withdrawal, noting that the implementation of norms on this presumption does not always allow the rights of those persons whose land plots are subject to withdrawal to be respected. The article notes the importance and need for understanding in order to further enshrine in the legislation the provisions on the obligation of authorized bodies to enforce their decisions on the seizure, the cancellation of the decision on the seizure and the legal consequences of the cancellation of such a decision, including providing for compensation for costs incurred by right holders of land plots.

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About the authors

Anzhelika Viktorovna Malysheva

National Research Ogarev Mordovia State University

Email: amalyshewa@yandex.ru
Cand.Sci.(Law), Associate professor of civil law and process Department Saransk, Russia

References

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  12. This norm is considered by some authors as a "guarantee" of compliance with the principle of withdrawal of a land plot precisely for public needs. See, for example, Gavrilyuk M. N. On the issue of withdrawal of land plots for state and municipal needs // Land Management, Cadastre and Land Monitoring. 2020. № 10 (189). С. 46 -50.
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