THE PROBLEMS OF COMPLIANCE WITH THE LEGAL REGIME OF AGRICULTURAL LANDS WHEN PLACING LINEAR FACILITIES ON THEM
The article raises the problem of using agricultural lands without providing land parcels and establishing a servitude or a public servitude. Judicial practice has formulated a position according to which linear facilities which meet the established characteristics may be placed on agricultura...
Saved in:
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Bashkir State University
2024-12-01
|
| Series: | Правовое государство: теория и практика |
| Subjects: | |
| Online Access: | https://pravgos.ru/index.php/journal/article/view/1019 |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| Summary: | The article raises the problem of using
agricultural lands without providing land parcels
and establishing a servitude or a public servitude.
Judicial practice has formulated a position
according to which linear facilities which meet
the established characteristics may be placed on
agricultural land on the specified basis. This does
not correspond to the content of the law on land,
which provides for the establishment of a public
servitude in this case. The analysis of land law in
this aspect is intended to show the features of the
legal regime of agricultural lands, which can be
ensured only by more precise legal constructions
than «use of land and land parcels without
provision». Purpose: to study land law regulation
and legal acts in order to resolve the issue of
correct realisation of legal institutions of public
servitude and use without provision on agricultural
lands. Methods: historical, systemic, analysis and
synthesis, modelling and comparison. Results:
the article concludes that it is unreasonable to
place linear facilities on agricultural lands on
legal grounds other than a public servitude.
Such a rule is established in the legislation as an
imperative rule, it cannot be interpreted variably.
The legal regime of agricultural lands cannot be
fully ensured in the use of lands and land parcels
without providing and establishing a servitude,
a public servitude due to the weak legal
development of this institution. |
|---|---|
| ISSN: | 2500-0217 |