Forced Emergence of Title to Land Lots as a Phenomenon of Russian Law

  •  Aleksey Anisimov    
  •  Galina Zemlyakova    


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).

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