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ARCHIVE FOR 2010    RUSSIAN

Декабрь 2010

CONTENT

 

ANNIVERSARY OF THE COURT

 

INTERVIEW OF THE ISSUE

 

ON THE COURT

 

THE COURT FOUND

 

 

CASE OF INTEREST

 

 

 

ANALYTICS: FREE TRIBUNE

A.V. Milkov On approaches to the definition of the term “civil rigts protection”
The article analyses approaches of modern academic lawyers to the matter of the definition of the term “civil rigts protection”. In summary the author comes to conclusion that it is expedient to have two approaches to the definition of this term: the “theory of functions” and the “theory of legal right to defense”.
Keywords: civil rigts protection, theory of functions, theory of legal right to defense
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O.G. Avdonina Special features of land parcels seizure pursuant to the Federal Law as of 01.12.2007 No 310-FZ
The author analyses provisions of the Federal Law as of 01.12.2007 No 310-FZ goverving the matters of land parcels seizure for construction of Olimpic venues with a view to their compliance with the Constitution of the Russian Federation, compares provisions of the specified law with provisions of the Civil Code of RF, the Code of Land Laws of RF governing the order of land parcel seizure for state and municipal requirements.
Keywords: land parcel, reasons for land parcels seizure, seisure for Olimpic requirements, property right to land
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A.I. Mescherin.Yu.S. Storozhenko Practice of application of legislation on health resorts of federal significance
In this article the authors carried out analysis of legal regime of lands in specially protected natural areas in in view of adoption of the Federal Law as of 13.12.2008 No 244-FZ. The article points out elaborated by the judicial prctice criteria for resolution of the matter of assignment several parcels of such lands to the federal or the municipal level of property.
Keywords: protection of civil rights, health resorts, specially protected natural area, property right to land, federal
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I.N. Glazunova, D.A. Migulina Several methods of property right to land protection as for subjects of land relationship, which are related to the matters of land parcel cadastral values determination
The article examines approaches existing in judicial prctice, related to determination of method of property right to land protection as for subjects of land relationship: contestation of regulatory legal act on approval of land parcels’ cadastral values, contestation of decisions and actions (omission) of state authorities, correction of cadastral mistake.
Keywords: cadastral value, market-value, cadastral mistake, rights protection
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A.Yu. Smoliakov, E.E. Gnedykh Several special features of elemination of land boundaries crossing in a judicial procedure
The article covers the questions related to elemination of crossing boundaries of land parcel under creation, data of which have been already entered into the State Immovable Property Cadastre. The authors exemine contestation of actions of cadastral record agencies on entering data of boundalies and surface of land parcel and recognition such data as avowed to be a possible option in resolving the problem of efficient protection of violated rights.
Keywords: land parcel, cadastral record, cadastral mistake, State Immovable Property Cadastre, land parcel boundaries
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A.L.Nazykov Parity of notions “timber land” and “forestry fund lands”
The article is dedicated to the problems of content evolution of the notion “forestry fund lands”; to definition of categories of timber land parcels and accordingly to the legal regime of their regulation; to the state registration of corporeal title of mentioned parcels; to determination of property category for timber land parcels of different categories.
Keywords: timber land, forestry fund lands, forestry management, federal property, boundaries of sttlements, modification of land categories
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E.V. Kondrasheva Using of land areas, which fall on unclaimed shares
The article is dedicated to the problem of realization availability at a fee principle at usage by illegal possessors of land areas created from unclamed shares; for the purpose of blocking existance of subjectless object the authors proposed to amend the acting legislation expanding regime of non-delimitated lands to land areas, location of which is known, but boundaries are not marked in order established by the law-maker.
Keywords: land share, availability at a fee principle, land of agricultural designation, regime of non-delimitated lands
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A.I. Grabovskiy Problems of limited legal proprietary right to land: insufficiency of existing instruments in legal regulation of forming relationships
This article is dedicated to the problem of legal property rights to land development. By way of example the article examines the right of lifetime ownership with right of inheritance not corresponding by its characteristics with modern economic conditions, and Roman emphyteusis, which legal construction correspond to requirements of civil transactions. The author analyses special features of emphyteusis, historical experience of land use in ancient Rome and Russian Empire, proposes metnods to resolve the problem of rational land use.
Keywords: emphyteusis, right of permanent indefinite use of a land plot, possession and use of land, specific agriculture branch
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