Ограничения прав на землю в границах зон с особыми условиями использования территорий: вопросы практического и теоретического осмысления

Abstract

This article examines some aspects of a practical and theoretical nature, manifested in the form of restrictions on land rights when referring to the purposes of establishing zones with special conditions for the use of the territory (hereinafter ZOUIT) related to the protection of life and health of citizens, safe operation of real estate and environmental protection. The relevance of the study is related to the detection of legal consequences arising from the established restrictions on land rights related to the use of land plots, the placement and use of real estate objects on them, within the boundaries of ZOUIT for the owners of these objects. The conclusions reached by the authors are based on an ambiguous interpretation and application of regulatory legal acts in practice, or on the absence of legal regulation at all, based on the fact that the seizure of the land plots themselves located within the boundaries of the ZOUIT from the owners does not occur. Using universal theoretical methods of scientific cognition (analysis, synthesis, induction, deduction, abstraction) and private-law methods of scientific cognition (formal-legal, method of conflict regulation), the authors come to the main conclusion: the established restrictions on the use of land plots within the boundaries of ZOUIT, leading to a number of negative consequences for their owners, do not take into account the principle of freedom of entrepreneurial activity declared by the legislator in conjunction with the civil law principle of the inviolability of property, as a special economic, social and legal value in their broadest sense.