RU

Keyword: «land expropriation.»

This article analyzes the legal issues surrounding land expropriation for public needs in the Russian legal system. It demonstrates that, while this institution is formally integrated into the system of constitutional guarantees of property rights, current regulations lack a legal definition of public needs and public interest, an open list of grounds for expropriation, and fragmented provisions of the Civil Code and Land Code of the Russian Federation. Particular attention is paid to the procedural asymmetry between the public entity and the rights holders, the lack of clarity regarding compensation mechanisms, including for tenants and other derivative rights holders, and the impact of appraisal activities on the amount of compensation. Corruption risks are noted, stemming from the high level of discretion exercised by government agencies and weak judicial oversight of the material validity of expropriations. Proposals are formulated for improving legislation aimed at formalizing public interest criteria, strengthening guarantees of fair compensation, and increasing the transparency of expropriation procedures.