Abstract
The article analyzes the procedure for obtaining possession of land plots in public ownership, on which a building or structure is located. The article presents the existing restrictions of contractual freedom when registering the specified land plot for use. Using the example of specific judicial acts, the author shows how judicial practice actually changes the provisions of land legislation, in connection with which it is concluded that it is necessary to make appropriate changes to it, in particular, regarding the consolidation of the obligation, and not the right of the rightholder of a building, structure or premises in them to issue a lease right to a land plot, the owner of which is public law education. It is necessary to summarize that the will-substituting decision is aimed at satisfying the legitimate interests of public legal entities and must comply with the imperative prescriptions of the law.
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