The article is dedicated to the Resolution of the Russian Constitutional Court, which is the result of the court’s review of Part 3 of Article 8.8 of the Code of the Russian Federation on Administrative Offences for the compliance with the Constitution. The author draws attention to the issue of whether an owner of a land plot intended for housing or other construction has an obligation to use the plot and the possible adverse consequences of violating such an obligation de lege lata et de lege ferenda. On the basis of the analysis the author concludes that despite the long-standing doctrinal discussion on this issue, the Constitutional Court and the Russian Legislator assume that an owner of a land plot has this obligation. Consequently, after the reform of the land legislation, after March 1, 2025 in case of non-use of a land plot intended for housing or other construction, there are all grounds not only for bringing an owner of the land plot to administrative responsibility, but also for withdrawal of the land plot.
Translated title of the contributionTo Develop or not to Develop a Land Plot? Commentary to the Resolution of the Constitutional Court of the Russian Federation dated 6 November 2024 No. 50-P
Original languageRussian
Pages (from-to)110-121
Number of pages12
JournalЗАКОН
Volume22
Issue number3
DOIs
StatePublished - 1 Mar 2025

ID: 133172692