TY - JOUR

T1 - Застраивать или не застраивать земельный участок? Комментарий к Постановлению Конституционного Суда РФ от 6 ноября 2024 года № 50-П.

AU - Краснова, Татьяна Сергеевна

PY - 2025/3/1

Y1 - 2025/3/1

N2 - 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.

AB - 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.

UR - https://www.mendeley.com/catalogue/201bd71a-c561-3967-99ac-45d3696a8062/

U2 - 10.37239/0869-4400-2025-22-3-110-121

DO - 10.37239/0869-4400-2025-22-3-110-121

M3 - статья

VL - 22

SP - 110

EP - 121

JO - ЗАКОН

JF - ЗАКОН

SN - 0869-4400

IS - 3

ER -