Innovations in the legal regulation of public easements

Abstract

The article analyzes changes in legislation on the establishment of public easements and evaluates the legal effects that arise in connection with this. It is noted that the possibility of “re-registration” of other existing rights for a public easement should be considered as the right of the interested subject and is implemented on the basis of a complex legal structure. Particular attention is paid to the possibility of further dissemination of the legal structure of public easements, the emergence of new types of them in conditions when the theory of the content and application of this structure is just emerging. It is concluded that the possibility of the existence of various public easements inevitably raises the need for additional (special) requirements to justify their establishment. It is concluded that it is advisable to double-check the normatively established “justifications” for public easements. A proposal has been made to formulate universal rules for justifying these easements, including the presence of a need recognized by the legislator to use the land (land plots) of another person, but not having a subjective right to do so at the time of filing the application and an objective opportunity to comply with the principle of the least burdensome use of the land plot. Currently, public hearings when establishing these easements are not held, but in order to strengthen public control and ensure the rights of citizens and organizations, it is advisable to introduce them. Providing subjects of natural monopolies with the opportunity to formalize a public easement in a simplified manner is appropriate to consider as a special benefit (preference), which gives grounds for special verification of the actual achievement of the expected social and economic effects.

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