On the issue of classifying linear objects as capital construction projects, real estate, the category of a single real estate complex

Автор: Martovskaya V.A.

Журнал: Теория и практика общественного развития @teoria-practica

Рубрика: Право

Статья в выпуске: 9, 2024 года.

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This article examines the classification of linear objects within the context of capital construction, real estate, and single real estate complexes. The study reviews relevant provisions of the Urban Planning Code of the Russian Federation, the Land Code of the Russian Federation, the Civil Code of the Russian Federation, as well as other federal laws and subordinate regulations. The explanations of authorized authorities, acts of judicial authorities, opinions of researchers of civil law science on the concept of linear objects and their inherent characteristics, belonging of linear objects to capital construction objects, real estate, the ratio of these concepts, belonging of linear objects to the category of a single immovable complex, things of auxiliary purpose, the specifics of linear objects in comparison are analyzed with other objects of civil rights in terms of restrictions on the interests of land rights holders, necessary for the placement, maintenance and repair of linear objects, the extension of the protected zone of linear objects with a special legal regime to a certain part of the land plots. Conflicts of law, controversial issues of judicial practice are revealed, the author’s definition of linear objects is formulated, including their inherent features. The directions of the development of regulatory regulation, including in terms of the unification of terminology and proposals to consolidate the types of linear objects related to real estate by the norms of special legislation, are determined.

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Linear objects, signs of linear objects, capital construction objects, real estate objects, a single immovable complex, a thing of auxiliary purpose

Короткий адрес: https://sciup.org/149146074

IDR: 149146074   |   DOI: 10.24158/tipor.2024.9.15

Статья научная