Грачёва Ю.В. Язык закона и судейское усмотрение

Аннотация: The article analyses the most important draft legislative acts concerning the Land Laws, which have been offered for review and approval to the State Parliament (Duma), The Federal Legislation Chamber. In particular, the following issues are analysed and addressed: (a) the principal problems with the lands designated as the agricultural lands and the dealings with such lands; and (b) the suggested amendments to the Land Code of the Russian Federation and to the various Federal legislative acts in connection with the improvement of the procedure for taking possession of the land plots for the state and municipal purposes. The article contains the quotes from the current legislation, the amendments and additions suggested by the draft legislative acts, together with the comments from the author. The new draft legislative acts propose amendments to the current progressive and fair provisions of the Civil Code, Residence Code and the Law of Valuation Activity. The draft legislative acts contradict the founding principles of the current legislation. They contain unacceptable tendency. More than 80% of the amendments suggested by the draft legislative acts will negatively affect the rights of the owners of the plots of land and residential properties. In particular, such amendments will limit the Constitutional rights of the citizens to have residential property or the survival opportunities of the people whose property has suffered from fire or natural disasters. The draft legislative acts do not define the exclusive events when the state may take possession of the property for the state or municipal use. Neither do they provide the definition of the municipal use. The draft legislative acts do not offer any assistance in reaching the main goal here – i.e. legal protection against the invalid and unfounded taking possession of the land plots and provision of the guarantees of the rights of land owners and land users.

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Abstract: The article analyses the most important draft legislative acts concerning the Land Laws, which have been offered for review and approval to the State Parliament (Duma), The Federal Legislation Chamber. In particular, the following issues are analysed and addressed: (a) the principal problems with the lands designated as the agricultural lands and the dealings with such lands; and (b) the suggested amendments to the Land Code of the Russian Federation and to the various Federal legislative acts in connection with the improvement of the procedure for taking possession of the land plots for the state and municipal purposes. The article contains the quotes from the current legislation, the amendments and additions suggested by the draft legislative acts, together with the comments from the author. The new draft legislative acts propose amendments to the current progressive and fair provisions of the Civil Code, Residence Code and the Law of Valuation Activity. The draft legislative acts contradict the founding principles of the current legislation. They contain unacceptable tendency. More than 80% of the amendments suggested by the draft legislative acts will negatively affect the rights of the owners of the plots of land and residential properties. In particular, such amendments will limit the Constitutional rights of the citizens to have residential property or the survival opportunities of the people whose property has suffered from fire or natural disasters. The draft legislative acts do not define the exclusive events when the state may take possession of the property for the state or municipal use. Neither do they provide the definition of the municipal use. The draft legislative acts do not offer any assistance in reaching the main goal here – i.e. legal protection against the invalid and unfounded taking possession of the land plots and provision of the guarantees of the rights of land owners and land users.

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