Full Article: PDF
Scientific Object Identifier: http://s-o-i.org/1.1/TAS-03-71-38
DOI: https://dx.doi.org/10.15863/TAS.2019.03.71.38
Language: Russian
Citation: Zherebkova, T. E. (2019). Legislative regulation of the institution of unauthorized construction in Russia and Kazakhstan. ISJ Theoretical & Applied Science, 03 (71), 455-458. Soi: http://s-o-i.org/1.1/TAS-03-71-38 Doi: https://dx.doi.org/10.15863/TAS.2019.03.71.38 |
Pages: 455-458
Published: 30.03.2019
Abstract: The article analyzes the provisions of the legislation of Russia and Kazakhstan, affecting the institution of unauthorized construction, as well as the rules of foreign legal orders, in particular Germany, France, Belarus. The concept of unauthorized construction, the legal consequences of unauthorized construction, as well as the rights and obligations of the person who created the unauthorized construction and the person who owns the land plot are considered. The author puts forward proposals for the introduction in the Civil Code of the Russian Federation of a number of provisions of foreign legislation concerning unauthorized construction located on the territory of state lands. Questions are raised about replacing the concept of unauthorized construction with unauthorized construction, as well as establishing the amount of compensation equal to the amount by which the value of the land plot has increased.
Key words: unauthorized construction, land, ownership, demolition of unauthorized construction, compensation.
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