Validity of restrictions established within the boundaries of zones with special conditions for the use of territories, provided that they are located on lands intended for individual housing construction residential construction

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The article analyzes the restrictions, the presence of which is conditioned by the purposes of establishing zones with special conditions of use of territories on lands, including those intended for individual housing construction. The purpose of the study is to analyze the validity of restrictions that are established in zones with special conditions of use of territories subject to their location on lands intended for individual housing construction. Restrictions become a reason for the inability to use a land plot for its intended purpose, which leads to an imbalance of private and public interests. At the same time, the restrictions themselves are not always justified and reasonable, in some cases they are excessive, but Russian legislation does not provide for the possibility of differentiation of restrictions in different parts of zones with special conditions of use of territories. Based on the results of the conducted research the conclusions are made that the restrictions within the boundaries of zones with special conditions of use of territories, if they are located on land plots intended for individual housing construction, are excessive and can be differentiated. Proposals regarding the directions of improvement of legislation in this sphere are formulated.

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Restriction of the right of ownership, right of ownership, limits of restriction, prohibitions, public authority, zones with special conditions of land use, public needs

Короткий адрес: https://sciup.org/14130325

IDR: 14130325   |   DOI: 10.47629/2074-9201_2024_2_59_63

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