Specificity and tendencies of development of legislation in civil turnover of land lots of specially protected natural territories
Автор: Luneva E.V.
Журнал: Вестник Пермского университета. Юридические науки @jurvestnik-psu
Рубрика: Гражданское право и процесс
Статья в выпуске: 2 (24), 2014 года.
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Introduction: the article is devoted to investigations of the features of civil turnover of lands in specially protected natural territories and to determination trends of legislation's development. Aim: reveal the specifics of the Turnover of lands in specially protected natural territories and show the main trends of legislation's development. Methods: aristotelian method, comparative method and interbranch method of legal research. Results: the degree of abridgment in material circulation of lands in specially protected natural territories predetermines character of civil regulation. As for federal lands in state wilderness areas and in national parks is used prohibitive civil regulation as withdrawn from circulation. For public lands of other specially protected natural territories are used prohibitive-permissible or permissive regulations as limited in circulation. Concerning private lands in specially protected natural territories as well as an exception in relation to regional and municipal land in national parks as free in circulation are used permissible civil regulation. Conclusions: the specificity of the turnover of specially protected natural territories' land lots is formed under the influence of public legal restrictions and prohibitions. The overall direction of legislation's development is expanding the civil turnover of such real property due to influence of judicial practice. It brings novelty in civil regulation of behavior that is forming concerning lands in specially protected natural territories. It formed such as law joint shared property to land owners of placement in apartment building that situated in specially protected natural territories is appeared independently from setting into operation before creating specially protected natural territory or after. Denoted tendency is formed in consequence of probability of promulgation in civil code of the Russian Federation of the emphyteusis, superficies and usufruct.
Specially protected natural territory's land lot, civil turnover, restriction of circulability, forms of ownership, public interest, private interest
Короткий адрес: https://sciup.org/147202415
IDR: 147202415