"New" public service in the "private and public" dichotomy
Автор: Ushakova Aleksandra P.
Журнал: Имущественные отношения в Российской Федерации @iovrf
Рубрика: Земельное право
Статья в выпуске: 12 (231), 2020 года.
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The author considers the legal essence of the «new» concept of a public easement introduced in 2018 for the placement of certain types of objects in order to determine the public or private nature of the legal relations associated with it. As the most clearly characterizing the essence of the phenomenon under study, the criterion of the method of interaction between the participants in legal relations (coordination or subordination) was chosen, with the help of which legal relations regarding the public easement at the stages of its establishment and implementation were analyzed. The conclusion is made that at both stages the legal relationship is of a public nature.
New public easement, public easement for the placement of certain types of objects, subjective public rights, subjective private rights, public easement as a kind of seizure of property, administrative easement
Короткий адрес: https://sciup.org/170173118
IDR: 170173118