Abstract

The paper studies the legal enforced emergence of private and public title of compulsory origin to land plots in the Russian Federation which is not typical for the European legal practice. The authors examine the causes and consequences of its appearance and note that this is due to the national specifics of Russia's transition to a market economy and a rule-of-law state. The article analyzes legal procedures for the forced reissuance of the right of permanent (unlimited) property use, the emergence of the right of common share ownership of citizens who are the owners of a premises (apartments) in multi-family residential house, the forced transfer to public property of heirless estate, redistribution of landed property among different levels of public authority, transfer of a land lot which cannot by law belong to a citizen or a legal entity to public property, as well as a number of others issues.
 
 The authors believe that the legal practice of the compulsory emergency of the right to own land plots is in many respects a necessary condi-tion for securing important public interests which is inadmissibility of the existence of an ownerless estate where condition may threaten life, health and other legally protected goods, the invasion of land in civil circulation, attraction of additional financial resources to the Federal, regional and municipal budgets through the collection of land tax (or rent payment in the case of forcing the owner of the property to include a joint leasehold agreement).

Highlights

  • Basic land property legal procedures and regulatory definition have arguably been settled in Russian legal science and legislation for many years

  • That is why the purpose of this paper is to study the norms of Russian land and civil law which regulate the forced emergence of ownership of land lots

  • There are specific features applied to legal entities which have been given responsibility to re-register the right of permanent use of land

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Summary

Introduction

Basic land property legal procedures and regulatory definition have arguably been settled in Russian legal science and legislation for many years. Since the law establishes the presumption of voluntary acceptance of the relevant decision by the owner the grounds for the termination of the right to property in compulsory order constitute an exclusive legal regime (Ivanchak, 2014). In this respect, the very idea that property rights in the Russian Federation can be forced to emerge seems unrealistic and is completely unconventional. That is why the purpose of this paper is to study the norms of Russian land and civil law which regulate the forced emergence of ownership of land lots

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