Гуманитарные и юридические исследования (Sep 2021)
FORCED SEIZURE OF LAND AS A SANCTION OF LAND LIABILITY IN RUSSIA AND THE COUNTRIES OF THE EURASIAN ECONOMIC UNION
Abstract
The institute for the forced seizure of land in the Russian Federation has been developing since the times of the USSR, but is still very far from being perfect. The article addresses the problems of the grounds for such a seizure provided for in the law. It is concluded that these grounds were previously formulated in the law extremely incorrectly. In 2016, a new wording of the grounds for the forced seizure of a land plot was introduced into the Land Code of the Russian Federation. Now this includes its use for non-intended purposes or the use of land in violation of the law. The article explains why this formula is also not sufficiently complete. The article also addresses the problems of interpreting these grounds in law enforcement practice. Examples of court decisions are given on which land plots were seized from title holders on grounds that do not fully correspond to the letter of the law. Especially many problems in this regard are associated with the plowing of pastures, which is interpreted by the enforcer as a violation of the intended purpose of land, which does not find sufficient grounds in land legislation. The article discusses the influence of the institution of forced seizure of land in Russia and other countries of the Eurasian Economic Union on the effectiveness of their economic integration. The examples of Russia and Kazakhstan show how the imperfections of this institute can affect the investment attractiveness of land-use industries. Thus, the problem of expanding the list of border territories of the Russian Federation in 2020 is being analyzed, as a result of which foreign citizens, stateless persons and foreign legal entities have lost the right to own land in these territories. At the same time, Russian legislation lacks the procedure for the seizure of such lands. Based on the results of the study, conclusions with novelty are formulated regarding the improvement of the institution of forced seizure of land in Russia and the countries of the Eurasian Economic Union.
