Keyword: «public interest»
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.
The article deals with the problem of cessation of the right of ownership of individuals and legal entities to land plots, which by law can not belong to them. The author substantiates the conclusion that the provisions of the legislation need to be revised in terms of the possibility of acquisition of ownership of land located on the border areas by foreign persons.
The disclosure by the employee of the personal data of other employees is the basis for the application of disciplinary action to him in the form of dismissal. However, the behavior of the employee should not be assessed formally and the purpose of the dissemination of personal data should be taken into account, among other things. In this article, the author highlights the legally significant circumstances that will contribute to finding a balance between the right to freedom of speech, the right to work and the right to privacy.
The article examines the problems of the prosecutor's participation in civil proceedings that are common in law enforcement practice. Based on an analysis of scientific approaches and judicial practice, the author reveals the concepts of “an indefinite circle of persons”, “a significant number of citizens”, “state of health, age, and other valid reasons for which a citizen cannot go to court himself”. The work contains numerous examples of different interpretations of the law, in which the courts unreasonably reject the prosecutor’s claim; the prosecutor, when going to court, goes beyond the limits of the powers granted. The author notes the existence of contradictions between the Federal Law “On the Prosecutor’s Office of the Russian Federation” and the Civil Procedure Code of the Russian Federation. It is concluded that it is necessary to be guided by the latter as a special law.