Возбуждение производства по земельному спору в арбитражном суде

Abstract

Consideration of a case at first instance begins with the stage of initiation of a case. Actions made at this stage are united by the purpose of initiation of process. The basic purpose of the lead research is definition of prerequisites of the right of institution of legal proceedings on land disputes in arbitration court. For achievement of the specified purpose, criteria of attribution of land disputes to the competence of arbitration court, a role of a subject and the basis of the claim in determination of identity of claims on land disputes and their influence on separate institutes of arbitration legal proceedings are determined. Conducted research is based on civil procedure scientists' views, the analysis of the current arbitration procedural legislation, legal positions of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court expressed before its liquidation and practice of arbitration courts of the Russian Federation. The main category of land disputes arises from civil legal relations, which are considered in action proceedings. The initiation of a case is connected with certain prerequisites, which are explored in the article. Determination of the competence of the arbitration court of the land dispute is connected with economic nature of the dispute and its subject composition. In the article the economic nature of the land dispute is connected with the purpose for which the land plot is used. As an additional criterion to determine the competence of the arbitration court, the type of the permitted use of the land dispute should be used. The article criticizes the provision of part 2 clause 64 of the Land Code of the RF on the pre-trial nature of the arbitration proceedings in the land disputes. The change in the legislative definition of the land plot made it possible to speak about exclusive jurisdiction of land disputes considered by way of action proceedings. The article defines the notion of the subject matter and cause of action in a land dispute. Their value for definition of external and internal identity of claims, limits of consideration of land disputes, formulation of a resolutive part of the judicial decision is revealed. The article suggests the procedure for determining the price of a claim for land claims of a property nature