The specifics of the establishment of restrictions and prohibitions on the use of land plots intended for individual housing construction located within the boundaries of zones with special conditions of use of the territory

The article details the specifics of the establishment of restrictions and prohibitions on the use of land plots intended for individual housing construction located within the boundaries of zones with special conditions for the use of territories. It has been revealed that the restrictions specified in the Land Code of the Russian Federation are of a general nature and are not intended for a specific type of permitted land use. The study determined that the restrictions imposed on the use of land plots intended for individual housing construction violate the constitutional rights of citizens and detract, in some cases, from the dignity of the owners. An analysis of the legislation in the field of restrictions has shown that the legal regulation in this area has not been worked out, there are gaps. In particular, the existence of blank norms, the absence of the obligation to justify the purchase price or compensation (in the form of a report on the assessment of the market value of the land and facilities on it, as well as engineering communications, etc.) when setting restrictions incompatible with the use of the site, put the owner of the land (an individual) in an unequal legal position with the owner of the object (a legal entity), which has been assigned a ZOUIT. At the end of the article, it was proposed to amend the resolutions of the Government of the Russian Federation on zones with special conditions for the use of territories, providing for the establishment of boundaries of such zones on sites not intended for individual housing construction, as well as to contain information in the project documentation on alternative land options if placement is necessary on a site intended for residential housing, but the owner refuses enter into a buyout agreement.