Самовольная постройка: гражданско-правовые и публично-правовые аспекты правонарушения

Abstract

It is obvious and abundantly clear that the construc-tion of an authorized building is accompanied by an offense, and this building is a result of the offense. However, an in-depth analysis of the problem re-veals its ambiguity. Since the above-mentioned pro-cess implies both civil and public offenses, the legal solutions to the construction preservation prob-lems, in particular, if the property right is established in this regard or an authorized construction ceases to exist as a physical object, should be found in the context of legal behavior of the parties to the legal relationship in civil and public law. An attempt is made to identify several aspects of the phenomenon of unauthorized construction from the perspective of civil and public law and explain the formal loyalty shown by the state to the liability for the offense that challenges the obligatory compliance with the compulsory rules of behavior by citizens. The author concludes that although the specific nature of the legal regime related to unauthorized construction is to ensure economic relations, this regime should not generate sustainable patterns of illegal behavior.