Land easements: Development and problems of safeguarding the rights

G.A. Volkov

Moscow State University, Moscow, 119991 Russia

E-mail: gennadiv@mail.ru

Received December 3, 2018

Full text PDF

DOI: 10.26907/2541-7738.2019.1.219–236

For citation: Volkov G.A. Land easements: Development and problems of safeguarding the rights. Uchenye Zapiski Kazanskogo Universiteta. Seriya Gumanitarnye Nauki, 2019, vol. 161, no. 1, pp. 219–236. doi: 10.26907/2541-7738.2019.1.219–236. (In Russian)

Abstract

The formation and development of land easements in modern Russia, differences from the history of their development in other countries have been studied. The establishment of public easement as a legal institution has been considered. The similarity of “private” and public land easements and its causes have been analyzed. Special attention has been paid to the problem of safeguarding the land rights in connection with the establishment of land easements for placement (construction) and reconstruction of various types of objects.

The specifics of land easement formation in Russia and other countries, associated primarily with the development of private property rights, have been discussed.

It has been shown that the system restrictions imposed in Russia on the right of private ownership of land, including other rights to land, in the public interest began to develop as a result of the need to ensure them due to the privatization of enterprises, buildings, and structures with comprehensive state ownership of land and other natural resources. The goal was not only and not so much associated with the development of private ownership of land, but with the need to ensure the state and local governance in the use and protection of land. The legal institution “public easement” originated in the Soviet law as a restriction of the rights to use land in the public interest, for example, for prospecting, exploration, hunting, etc.

Keywords: land easement, public easement, restriction of rights to land, placement, construction, reconstruction, engineering surveys, public discussions, public hearings, regulatory legal act, guarantees of rights

Acknowledgements. The study was performed with the informational support of the Consultant Plus.

References

  1. Volkov G.А., Golichenkov А.K., Kozyr' O.M. Postateinyi nauchno-prakticheskii kommentarii Zemel'nogo kodeksa Rossiiskoi Federatsii [Article-by-Article Research and Practical Commentary on the Land Code of the Russian Federation]. Moscow, Bibliotechka Rossiiskoi Gazety. 2002. In: SPS “Konsul'tantPlyus”. Available at: http://www.consultant.ru/cons/cgi/online.cgi?req= doc&base=CMB&n=4517#0056483581229880286.
  2. Sukhanov E.А. Proprietary rights in the new Land Code of the Russian Federation. Ekologicheskoe Pravo, 2003, no. 1, pp. 50–55. (In Russian)
  3. Novitskaya T.E. Governmental expropriation: Legal regulation in Russia in the 16th – early 20th centuries. Zakonodatel'stvo, 2015, no. 3, pp. 76–87. (In Russian)
  4. Bogdanov E.V. Socialization of the modern Russian civil law as the trend of its development. Sovremennoe Pravo, 2018, no. 1, pp. 44–52. (In Russian)
  5. Volkov G.А. Land acquisition issues by pres­cription of ownership. Vestnik Moskovskogo Universiteta. Seriya 11: Pravo, 2000, no. 1, pp. 17–25. (In Russian)
  6. Volkov G.А. On methodology of the natural resources law branches. Ekologicheskoe Pravo, 2018, no. 1, pp. 3–12. (In Russian)
  7. Volkov G.А., Gagarin N.А., Golichenkov А.K., Krokhin А.N., Saurin А.I. Kommentarii k Fede­ral'nomu zakonu “O zhivotnom mire” v voprosakh i otvetakh [A Commentary to the Federal Law “On the Animal World” in Questions and Answers]. Moscow, Statut. 2003. 112 p. (In Russian)
  8. Sukhanov E.А. Rossiiskii zakon o sobstvennosti: Nauchno-prakticheskii kommentarii [Russian Property Law: Scientific and Practical Commentary]. Moscow, Izd. BEK, 1993. 154 p. (In Russian)
  9. Volkov G.А., Golichenkov А.K., Khaustov D.V. Problems of improvement of legal regulation of public easements for provision of building and functioning of line structures. Ekologicheskoe Pravo, 2006, no. 2, pp. 16–25. (In Russian)
  10. Ivanov А. How the public easements became a superficies. Zakon.ru, 2018, Sep. 7. Available at: https://zakon.ru/blog/2018/09/07/kak_publichnyj_servitut_superficiem_stal#comment_473906. (In Russian)
  11. Volkov G.A. On improving the definition of types of permitted use of land plots. Ekologicheskoe Pravo, 2019, no. 1, pp. 11–17. (In Russian)

The content is available under the license Creative Commons Attribution 4.0 License.