Withdrawal of Land Plots for Public Needs in Russia: Problems and Ways of Search of Balance of Private and Public Interests

Abstract

Within the framework of analysis of the current Russian legislature, scientific doctrine, and judicial practice regarding the withdrawal of land plots from owners by redemption, the authors prove that, in addition to public needs (state and municipal), there are public–private needs aimed at the pursuit of interests for certain members of society. Delegation of participation in the withdrawal of private land plots for public–private needs by the authorities and reassignment to certain commercial legal entities partially owned by the state often leads to social tensions because the society perceives many such cases of withdrawal of land plots from civil owners as injustice. At the same time, considering the U.S. experience, the authors state the interstate nature of this problem. This situation requires not only the development of legislation or changes in judicial practice but also a change in the conceptual approach regarding the withdrawal of land plots for public and public–private needs, and an enhancement of the axiological (value-conscious) approach, which should be considered by all branches of government.