Актуальные проблемы аренды земельных участков как объектов недвижимости в Российской Федерации

Abstract

Introduction: the land lease agreement is one of the most common in the sphere of civil turnover of land and other natural resources. However, despite the long-term reform of the civil and land legislation, as well as developed law enforcement practice, there are still many gaps and conflicts in the regulation of this sphere of public relations that need to be addressed. The purpose of the study: the identification of shortcomings of the legal regulation in the field of land lease, the development of constructive proposals to eliminate them. Relevance: the development of contractual relations in the sphere of the use of land plots as real estate objects requires an integrated approach that allows building a balance between private and public interests, as well as between the norms of civil and land law reflecting these interests. Meanwhile, at the moment the solution to this problem has not been achieved, which requires doctrinal discussion and legislative reform. Methods: the paper uses general and specific scientific methods, including the concrete historical method that allows identifying the causes of certain legal problems, as well as the method of system analysis that allows considering the problems under study in the context of other legal phenomena and processes. Results: in the course of the study, conflicts between the civil and land legislation regulating the lease of land real estate are identified, and proposals are made to eliminate them. Conclusions: it is proposed to expand the list of essential terms of the land lease agreement, the differences in the legal regulation of lease on lands of various categories are determined.