Keyword: «public needs»

The authors consider actual theoretical issues of regulating the institution of land acquisition for government or municipal needs. They examine the problems caused by the gaps in legal regulation. One can pick out among them the absence of a legislatively established definition of state or municipal needs, the lack of fixed legal responsibility of authorized bodies for the use of acquired land plots contrary to the stated goals, the lack of the possibility to cancel the decision on acquisition and reverse the implementation of such a decision, the lack of obligation to pay compensation to users of residential premises located on acquired land plots. In addition, they discuss such problems as an open list of grounds for land acquisition and the ambiguous prioritization of legislation regulating public affairs related to land acquisition for state or municipal needs. As a result of the study, the authors propose a solution to these problems by making certain adjustments to the law.

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.