Обход процедуры торгов путем изменения цели предоставления земельного участка

Abstract

Moscow is one of the most dynamically developing regions of Russia, in which a very significant role is played by the issues of management and disposal of city property, especially of land plots. Further development of the economy and urban economy entails the need to change the purposes for which a particular land plot is provided and used, which is formalized by the conclusion of the relevant additional agreements. The purpose of the article is to analyze and summarize legislation, judicial and law enforcement practice on the issue of concluding and state registration of additional agreements to existing land lease agreements, by which the purpose of their provision is changed from the operation of existing buildings to new construction or reconstruction. This goal is achieved by solving tasks such as studying the existing legal regulation of disputed legal relations, law enforcement and judicial practice, identification of problematic and conflicting issues in the area under consideration, determination of trends in the development of this sphere of legal relations, development of specific proposals for changing legislation and law enforcement practices. In solving the above problems, general scientific (synthesis, system analysis, analogy) and special (formal-legal, comparative-legal) methods are used. Based on the results of the consideration of these issues, the author formulates the main problems of the legal relations under consideration, assesses the emerging judicial and law enforcement practice, and formulates proposals for improving legislation and law enforcement practice.