Viktor V. Koryakin - Doctor of Law, professor, head of the department of civil law, international private law and civil procedure, Law Institute of the Russian University of Transport
Rufat Ak. Talybov - lawyer, employee of the legal assistance center "Ekvitas"
Abstract. According to the Executive Order of the Government of the Russian Federation No. 159-p on February 5, 2016, the Federal State Government Institution “Directorate for the Construction and Operation of Russian Border Objects” (FSGI “Rosgranstroy”) was assigned to the Ministry of Transport of Russia. Prior to the entry into force of this executive order, FSGI “Rosgranstroy” was a subordinate organization of the Federal Agency for the Development of the State Border of the Russian Federation (RosGranitsa). One of the most important functions of this institution is preparation of documents for withdrawal and redemption, reservation of land for federal needs. The activities related to the withdrawal of land plots are necessary to increase and reconstruct existing checkpoints and to create new ones due to the constant traffic increase across the State Border of the Russian Federation. This circumstance makes the analysis of legal problems of land acquisition especially important. The article considers the problematic legal issues in the creation of new and arrangement of existing checkpoints across the State border of the Russian Federation. There has been made a conclusion about the incomplete legal regulation of the land acquisition procedure for these purposes. There has been analyzed judicial experience of the highest courts on such issues. There have been made some proposals to improve legal regulation of land exemption for governmental needs.
Keywords: checkpoints across the state border of the Russian Federation; land reservation; land acquisition; redemption of land.
- Kabytov, N. P. Vykup zemel'nogo uchastka kak osnovaniye prekrashcheniya prava chastnoy sobstvennosti : avtoref. dis. … kand. yurid. Nauk [Redemption of a land plot as the basis for termination of the right of private property]. — Kazan', 2004.
- Altengova, O. L. Prinuditel'noye prekrashcheniye prava sobstvennosti na nedvizhimoye imushchestvo : avtoref. dis. … kand. yurid. Nauk [Forced termination of ownership of real estate]. — Volgograd, 2012.
- Andreyev, YU. N. Ogranicheniya v grazhdanskom prave Rossii [Restrictions in the civil law of Russia]. — SPb. : Yuridicheskiy tsentr Press, 2011.
- Mikryukov, V. A. Ogranicheniya i obremeneniya grazhdanskikh prav [Restrictions and burdens of civil rights]. — M. : Statut, 2007.
- Bobrovskaya, O. N. Problemy ogranicheniya i prekrashcheniya sub"yektivnykh grazhdanskikh prav sobstvennikov na zemel'nyy uchastok [The problem of restricting and terminating the subjective civil rights of owners to a land plot]// Sovremennoye pravo. — 2010. — № 11.
- Chernobay, Ye. YU. Pravovoy rezhim zemel' polosy otvoda zheleznykh dorog [[Legal regime of lands of the railroad right of way]: dis. … kand. yurid. nauk. — M., 2013.