Abstract
The paper considers the institution of acquisition prescription relating to real estate (land plots), the procedure for the implementation of which is established by Article 234 of the RF Civil Code. The paper presents the main problems of the law enforcement practice when considering cases in courts on the recognition of property rights under acquisition prescription. In particular, the study reveals the main reasons for mass refusals of courts in such claims, despite the existence of a norm in the law and a number of explanations of the highest judicial authorities. To identify the problems and the ways to their solution, the author analyzes various scientific works covering this topic; draws attention to the lack of scientific papers on the relevant issue and the insufficient investigation of problems and ways to solve them. Despite the explanation of the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation, most approaches contradict law enforcement practice and the principles of civil law. For some unknown reason, the publications after November 2020 do not take into account the Resolution of the Constitutional Court of the Russian Federation of 26.11.2020 No. 48-P on the issues of acquisition prescription, which has a generally binding nature and answers a lot of problematic issues in the law enforcement practice of Article 234 of the RF Civil Code. The paper describes new approaches proposed by the Constitutional Court of the Russian Federation, which should be used when considering cases on prescriptive possession claims and implementation of this institution. The author puts forward a thesis about filling in numerous gaps, but it is too early to speak of the end of the discussion. The content of Article 234 of the Civil Code of the Russian Federation requires bringing in accordance with new approaches of the Constitutional Court of the Russian Federation in the interpretation of this norm.
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