Keyword: «land acquisition»
ART 193063
The authors consider actual theoretical issues of regulating the institution of land acquisition for government or municipal needs. They examine the problems caused by the gaps in legal regulation. One can pick out among them the absence of a legislatively established definition of state or municipal needs, the lack of fixed legal responsibility of authorized bodies for the use of acquired land plots contrary to the stated goals, the lack of the possibility to cancel the decision on acquisition and reverse the implementation of such a decision, the lack of obligation to pay compensation to users of residential premises located on acquired land plots. In addition, they discuss such problems as an open list of grounds for land acquisition and the ambiguous prioritization of legislation regulating public affairs related to land acquisition for state or municipal needs. As a result of the study, the authors propose a solution to these problems by making certain adjustments to the law.