Legal encyclopedia. Letter H

LAND DISPUTES.

Rights to land may be restricted on the grounds established by the federal land legislation.

According to the terms of validity, all restrictions of subjective rights to land are divided into urgent and unlimited; Divided by form, there are the following restrictions of subjective rights to land:

1) special conditions for the use of land and the regime of economic activity in security and sanitary protection zones;

2) special conditions for the protection of the environment, including flora and fauna, monuments of nature, history and culture, archaeological sites, conservation of the fertile soil layer, natural habitat, migration routes for wild animals;

3) the conditions for the beginning and completion of building up or development of a land plot within the established time limits for a project of construction, repair or maintenance of an automobile road coordinated in accordance with the established procedure

(Road section) when granting rights to a land plot located in state or municipal ownership; 4) other restrictions.

The restriction of subjective law and interest related to a particular land plot is retained upon transfer of ownership of a given land plot to another person. Any restriction of the subjective right to land may be appealed to the court by the interested owner of the land plot.

The following forms of protection of violated land rights, freedoms and interests are singled out.

1. Recognition of the law. The recognition of the subjective right of a land user or landowner is carried out in a judicial procedure. About recognition of the legal right most often it comes precisely when a person who uses and owns a land plot acquires it by virtue of acquisitive prescription. Another case of the need to recognize the person's right to a land plot is the situation when there is a re-registration of one type of right for a land plot to another kind. The third option

The need to recognize the subjective right is to challenge the right to the same land plot by several persons.

In all of these cases, the legal recognition of the subjective right to a land plot can only be carried out by a court in making an appropriate judicial decision. A court decision that establishes the subjective right to land is a legal basis, in the presence of which the state registration of rights to immovable property and transactions with it are required to perform state registration of the right to a land plot or transactions with a given land plot.

2. Restoration of the situation that existed before the violation of the right to a land plot, and suppression of actions that violate the right to a land plot or create a threat of its violation. This form of protection of the violated right extends absolutely to all cases when the subjective rights of the owner of the land plot,

Landowner or landowner in any way violated or limited by the unlawful actions of another person. In addition, this form of protection

It is applied at creation of threat of infringement or restriction of the subjective rights to the ground area.

In this case, the violated subjective right to a land plot is subject to restoration in the following cases:

1) recognition by the court of an invalid of an act of the executive body of state power or an act of a local government body that resulted in a violation of the subjective right to a land plot;

2) unauthorized occupation of the land by another person;

3) in other cases provided for by federal laws.

In case of actual violation of the subjective rights to the land plot and the resolution of the disputes arising in connection with this, not only the restoration of the violated right of the landowner and the land user is effected, but all actions that violate the right or create a threat of violation are suppressed. Actions that violate the rights of citizens and legal entities to a land plot or threaten their violation can be prevented as follows:

1) recognition as invalid in the judicial

The procedure of acts of the executive bodies of state power and acts of local self-government bodies that do not comply with the legislation;

2) suspension of execution of acts of executive bodies of state power or acts of local self-government that do not comply with the legislation;

3) suspension of industrial, civil-housing and other construction, development of mineral deposits and peat, operation of facilities, agrochemical, forest melioration, geological exploration, prospecting, geodetic and other works in accordance with the procedure established by the Government of the Russian Federation;

4) in a different order provided for by federal laws.

3. Recognition of an act of an executive body of state power or a local government body as invalid. This form of legal protection of the violated subjective right to the land plot can be used both independently and within the framework of the restoration of the situation,

Existed before the violation of subjective law.

If as a result of the adoption of these

Authorities and management of a non-normative act will violate the subjective rights of individuals to land plots, then these acts must be declared invalid.

The normative acts of the executive bodies of state power and administration can also be invalid if these acts do not comply with the law or violate the rights and legally protected interests of citizens and legal entities in the field of land use and protection.

In both situations, the recognition of acts of the executive bodies of state power and administration and local self-government bodies is void only on the basis of a judicial decision. Losses that were caused to a citizen or a legal entity as a result of issuing an act of an executive body of state power and management that does not comply with the law and violate subjective rights and the interests of a citizen or legal entity protected by law with regard to the land plot and subsequently recognized as invalid are subject to compensation by the executive body of state power , Who issued the act.

4. Indemnification. Losses that were caused to the owner, the tenant of the land plot, land user and landowner, are subject to reimbursement in full, including lost profits. At the same time, compensation for losses and loss of profits is made in accordance with the procedure provided for by civil law.

A person whose subjective rights have been violated may claim full compensation for the losses caused to him, unless the law or the contract provides for compensation of losses in a smaller amount. Within the framework of civil law, real damage is included in the concept of losses (expenses that a person whose right was violated, produced or will have to do to restore the violated right, damage to property) and loss of profit (unearned income that the person whose right was violated could receive When using this land, if his right was not violated, income that was obtained from the use of the land by a person who violated the rights of another person.

In addition to damages, the person guilty of violating the rights to the land plot of another

A person, on the basis of a judicial decision rendered in this case, may also be forced to perform duties in kind. Such execution means the restoration of the situation that existed before the violation of the subjective land law. Examples of remedial measures may include:

1) restoration of fertility of the soil layer of the earth;

2) restoration of the land plot within the previous boundaries;

3) erection of demolished buildings, structures, structures;

4) demolition of illegally erected buildings, structures, structures;

5) restoration of boundary and information signs;

6) elimination of other land offenses and fulfillment of the arising obligations in kind.

5. Consideration of ZS Protection of violated subjective land rights can be carried out in the order of resolving land disputes, i.e. Such disputes, the subject of which is this or that land plot.

In addition, ZS also includes such

Disputes, which are connected with the appeal of decisions of the authorized executive bodies of state power and administration or bodies of local self-government.

Representing a challenge to the law, ZS has its subjective right to a particular land plot. At the same time, a land dispute over the subjective right to a land plot can be both with a real (real) violation of the rights and legitimate interests of the landowner,

Land user, owner, tenant of the land plot, and at the supposed (imaginary) violation caused by delusion.

Changes that occurred in the system of land and legal relations during the land reform period also led to a change in the jurisdiction of land disputes. The administrative procedure for settling land disputes that existed during the reign of the exclusive state land

Property along with the judicial system. Judicial bodies have acquired the exclusive right to consider decisions of officials, as well as acts of authorized executive bodies of state power and administration and local self-government bodies. Thus, the administrative and legal acts themselves became the subject of an appeal to the court.

In accordance with the current land legislation, all ZS, as well as property disputes related to land legal relations, are considered and resolved only in court by way of jurisdiction. In this case, the procedure for resolving ZS is determined in accordance with the CCP and the AIC of the Russian Federation. However, before the case can be brought to court, a land dispute can be referred by the parties to the arbitration court.

In the course of the resolution of Z.S., authoritative judicial powers are manifested, aimed at clarifying the truth in the case and protecting the legitimate interests of the plaintiff. In case of satisfying the claims of the plaintiff, the respondent is forced to execute the legal actions prescribed by the court or to lawful inaction. As a rule, the respondent must comply

Certain positive actions aimed at recognizing the right of the plaintiff to a plot of land, suppressing actions that violate the rights and lawful interests of landowners, the performance of duties in kind, compensation for harm caused by violation of the subjective right to a land plot.

The norms of civil legislation also provide for other forms of protection of violated rights. The Civil Code of the Russian Federation is established:

1) the recognition of a voidable transaction as invalid and the application of the consequences of its invalidity, the application of the consequences of the invalidity of a void transaction;

2) self-defense of law;

3) recovery of forfeit;

4) compensation for non-pecuniary damage;

5) termination or change of legal relationship;

6) non-application by the court of an act of a state body or local self-government body that is contrary to the law,