Specifics of the operation of rules on the use of land (land plots) without granting

Abstract

The legal institution of the use of land plots without their provision and the establishment of an easement, a public easement, is not only new, but also contains a number of unusual legal structures. In this regard, it is important to find out its general direction, correlate it with similar legal categories, find out the legal significance of a number of conditions, and also determine ways to improve existing norms. It is concluded that the emergence of this institution is based on the need to promptly resolve the procedure for the limited use of the spatial properties of the land (land) and expand economic opportunities. Since public ownership of the land remains, and the person using the land plot does not have the rights to the land indicated by the Land Code of the Russian Federation, it is advisable to provide in a separate rule that the permit is issued for use on conditions that are the least burdensome for the current and future use of land (land plots). The current legal regime for permitting the use of land (land) on the grounds under consideration does not provide for the conclusion of an agreement on the use, however, the legislative regulation does not contain an imperative norm that would prohibit such an agreement. The land (land plot) is used in this case as an economic resource, which to a certain extent reduces its value for the public owner. Therefore, conceptually, one should proceed from the fact that in cases where the legislator does not directly establish a ban, the issuance of a permit may also provide for a fee for use.

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