The Decision of the State or Local Authority on the Land Buyout for State or Local Public Needs

Abstract

The decision of a state or local authority on the land buyout is considered as a juridical fact which is an element of a juridical structure determining the dynamics of legal relations in the field of land buyout for public needs. The purpose of the article is to identify the characteristic features of such a juridical fact as the decision of a state of local authority on the land buyout for state and local public needs. The author proposes a classification of the decisions on the land buyout basing on the approach used by O. A. Krasavchikov. It allows defining such a decision as an administrative act of operational management which has direct influence on emergence of the legal relations connected with land buyout. The article discusses the impact of the decision on the land buyout (administrative act) on the dynamics of the legal relations mentioned. As a result the author defines the validity conditions for such a decision. It must be taken by the competent body, it should contain information which allows establishing the precise land that is subject to buyout, the data on its owner, the information determining the specific need of the RF, its subject or municipal entity in the compulsory land buyout, and also its time frame.