Обмен земельными участками, находящимися в различных формах собственности (глава V.2 ЗК РФ), — существующие вызовы и перспективы применения

Abstract

The article analyses the institute of exchange of land plots of different ownership forms that appeared in the Russian land legislation as a result of the 2015 reform. The author concludes that each of the cases of application of this institution will delay the realisation of certain public interests, representing a derogation from the general procedure for the sale of public property existing in the legislation through competitive procedures. The article demonstrates how the institute of land plot exchange is related to the eminent domain. It also suggests expanding the list of cases allowing the use of the land plot exchange institute in order to protect rights holders of land plots affected by the establishment of public legal restrictions on rights. In conclusion, a number of proposals for possible improvement of the current legislation are made, aimed at optimising the application of the institute of land exchange.