Land use and land parcels occupied by subsurface facilities: correlation of public law and private law regimes

The article explores the specific features of land use and land parcels occupied by subsurface facilities. It undertakes an analysis of the positions articulated by the Constitutional Court of the Russian Federation regarding the legal basis for the placement of linear infrastructure for public purposes, juxtaposed with the permissibility of utilizing land parcels for privately owned subsurface garages. Furthermore, the article examines the perspectives of Russian scientists concerning the necessity for amendments to legislative acts. These amendments pertain to the establishment of a legally defined concept of “subsurface space” and its potential for circulation independently of subsurface mineral resources, alongside the prospect of developing a three-dimensional model of land parcels. Finally, the study scrutinizes draft legislation that proposes a basis for utilizing land and land parcels without formal allocation, specifically for the operational maintenance of subsurface garages, mirroring the established legal framework for pipelines. The research aims to elucidate the complex interplay between public and private law regimes governing the use of land occupied by underground infrastructure. The investigation contributes to the ongoing discourse surrounding the legal complexities associated with the development and utilization of subsurface space in the Russian Federation.