UNAUTHORIZED CONSTRUCTION: THE ANALYSIS OF INNOVATIONS IN THE RF CIVIL CODE

  • Aleksey Viktorovich Sergeev
Keywords: unauthorized construction, real estate, right of property, land plot, legal effects, unauthorized structure demolition, declaration of ownership

Abstract

The paper considers the problem of definition of the concept of unauthorized construction, describes the relevance of the problem of the declaration of ownership for an illegally constructed building based on the court decision. The author analyzes the main changes in the civil legal regulation in the sphere of unauthorized structures: the issue of their demolition and legalization under certain conditions established by the legislator. The author studies the innovations in the field of objects – unauthorized buildings and the subjects dealing with unauthorized construction. The paper presents possible improvements in legislation in this area. The construction of an authorized building causes an offense, and this building is a result of the offense. However, deep analysis reveals the problem ambiguity. Since the abovementioned process implies both civil and public offenses, legal solutions to the issues of building preservation, in particular, related to the creation of property right for it or the building’s destruction as a physical object, are formed taking into account both civil and public behavior of the parties to the legal relationships arising in regard to an authorized structure. Based on the study of scholarly opinions, the author comes to the understanding of the unauthorized building as a civil offense since unauthorized construction is illegal activities on creation of a real estate object; however, it is legally recognized as the way of acquisition of the right of ownership. The author concludes that the specifics of the legal regime related to unauthorized construction aimed to ensure economic relations; however, this regime should not generate sustainable patterns of illegal behavior. The defined conclusions and offers will allow improving the legal regulation of relationships regarding unauthorized construction.

Published
2019-09-30
Section
Статьи