Grounds and Procedure for Seizure of a Land Plot Due to Its Improper Use

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Abstract

The purpose of the study is to establish the civil and land legal features of the seizure of land plots due to their improper use. Achieving the stated goal required the use of a complex of methodological approaches. Of fundamental importance were: methods of inter-industry comparison, formal-logical method and normativist approach to the study of current Russian legislation. The method of legal hermeneutics made it possible to come to the conclusion about the need for a comprehensive interpretation of the norms of land law in their relationship with constitutional and legal norms on the judicial procedure for limiting subjective rights to land. Conclusions: Inappropriate use is understood as a violation of the intended purpose of the land plot established by the current land legislation. It also includes the non-use of a land plot for the required period for construction or farming and other violations of the legal regime in relation to a specific land plot. This definition is in harmony with the norms of civil legislation, but does not reflect the specifics of land legal norms. According to these norms, other grounds for the seizure of a land plot are acceptable, taking into account the specifics of its purpose. The grounds for seizure of a land plot are exclusively civil in nature, but clarifications are possible in the norms of land legislation. The latter includes not only the Land Code of the Russian Federation and federal laws, but also by-laws that specify the criteria for improper use of a land plot.

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About the authors

Sergey M. Sagitov

Russian State University of Justice, Kazan Branch

Author for correspondence.
Email: smsagitov@mail.ru

Cand.Sci(Law), Associate Professor, Associate Professor of the Department of Civil Procedure Law

Russian Federation, Kazan

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