Case Comment on the Judgment of the Chamber for Economic Disputes of the RF SC No. 310-ЭС20-8733, 1 October 2020, and on the Judgment of the RF CC No. 42, 16 October 2020Commenting on the acts of the Constitutional Court of the Russian Federation and the Chamber for Economic Disputes of the RF SC, the authors conclude that the Russian legislation obliges a rightholder of a land plot to enter information on the selected type of permitted use of the plot into the state land register. At the same time, the legislation does not establish the procedure (terms and conditions) for implementation of this obligation, so it is not enforceable. At the same time, this obligation is in no way connected with the legally designated purpose of a land plot, and therefore its violation does not provide grounds for bringing to administrative responsibility under Part 1 of Article 8.8 of the RF Code of Administrative Offences for misuse of a land plot.The authors also substantiate that after the implementation of zoning, the types of permitted use of land plots listed in the land register are only a declaration of the types of actual use of land plots and do not limit the owners in their right to use the plots in other ways permitted in accordance with the city planning regulations.
Translated title of the contribution‘IRRESPONSIBLE’ CHANGE OF USE OF A LAND PLOT
Original languageRussian
Pages (from-to)5-20
JournalВестник экономического правосудия Российской Федерации
Volume89
Issue number7
StatePublished - Jul 2021

    Research areas

  • land plot, permitted use, legally designated purpose, administrative liability

ID: 83135394