This article examines the legal nature of easements established in a public-private order subject to the Federal Law “On the organization and carrying out the 22nd Olympic winter Games and the 11th Paralympic winter games of 2014 in the city of Sochi, the development of the city of Sochi as a mountain resort and amendments to certain legal acts of the Russian Federation”, to the Federal Law “On the organization of carrying out the meeting of heads of states and governments of the countries - participants of the forum “Asia-Pacific economic cooperation” in 2012, on the development of the city of Vladivostok as a center of international cooperation in the Asia-Pacific region and on amendments to certain legal acts of the Russian Federation”, to the Federal Law “On preparation and carrying out the FIFA World Cup of 2018, the Cup of confederations of FIFA 2017 in the Russian Federation and on amendments to certain legal acts of the Russian Federation”. Based on the analysis of legislative, law-enforcement and doctrinal provisions, as well as prescriptions of the Model Law “On public easements” passed by the Interparliamentary Assembly of the CIS Member States, the author concludes that the abovementioned easements constitute new independent types of easements in the Russian law, namely industrial easements. Emergence of industrial easements in the Russian law is not a mere coincidence because an adjusted and coordinated algorithm of their application is capable of resolving a number of conflicts within the short time period by balancing the interests of the parties to an easement, while other legal institutes are incapable of resolving such conflicts. At the same time, the resolution of the said conflicts is aimed not only at implementing the principles of equality, free will and property autonomy in establishing civil law relations, but also at handling economic, social-cultural and other problems of social importance. In order to fully recognize the industrial easement as a limited property right and to use it effectively in the Russian legal order, the author suggests adhering to the criteria of implementing industrial easements, as defined in the article. It is also mentioned that the establishment of industrial easements is necessary, firstly, to resolve problems connected with the so-called “linear facilities” (such as pipelines, electricity lines etc.). The acceptability to establish industrial easements for other purposes requires a serious political and legal reasoning in each specific case.
Translated title of the contributionMAIN FEATURES OF INDUSTRIAL EASEMENT IN THE RUSSIAN LAW
Original languageRussian
Pages (from-to)101-109
JournalИЗВЕСТИЯ ВЫСШИХ УЧЕБНЫХ ЗАВЕДЕНИЙ. ПРАВОВЕДЕНИЕ
Issue number1(324)
StatePublished - Jan 2016

ID: 39075638