Проблемные вопросы установления публичного сервитута на земельные участки для размещения линейных объектов

Abstract

The article is dedicated to the legal nature of a public servitude on land plots for placement of linear facilities, conditions and legal consequences of its establishment. The author determines the essential features of a public servitude for placement of linear facilities based on an analysis of the applicable laws. Following a comparison of a public servitude for placement of linear facilities, limited real rights and limitations of subjective rights, the author concludes that a public servitude on land plots for placement of linear facilities is a special right of use of lands and (or) other person's land plots. Besides, the author of the article reviews such problems of the establishment of a public servitude on land plots for placement of linear facilities as: the problem of demarcation of the public servitude establishment competence between government and local self-government bodies, the problem of the object of a public servitude, the problem of determination of parties to an agreement on exercising a public servitude. The article brings forward proposals for solution of these problems and improvement of the applicable laws.