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Legal Problems of Recognition the Ownership to the Object of Unauthorized Construction

Student: Ekaterina Filatova

Supervisor: Elena G. Rakova

Faculty: School of Law

Educational Programme: Advocacy (Master)

Year of Graduation: 2018

The paper deals with the legal problems of recognizing the property right to the object of unauthorized construction. The aim of the work is to identify the most common problems on the topic and to identify possible solutions to them. The theoretical aspects of the institution of unauthorized construction (objects, subjects, signs, grounds for legalization) are considered. Proposed definition of unauthorized construction. In the course of the study, the following problems were identified when recognizing ownership of an unauthorized structure. Firstly, the law does not name the right to lease a land plot as a basis for recognizing ownership of a person who created an unauthorized construction. In this regard, judicial practice is contradictory, does not always comply with the provisions of the law, because it protects the interests of tenants and recognizes their ownership of illegal construction. The author comes to the conclusion that it is necessary to amend article 222 of the Civil Code of the Russian Federation, namely, to include the tenant of the land plot in the list of persons for whom it is possible to recognize the ownership of an unauthorized construction. Secondly, to recognize the ownership of the tenant of the land plot on which the unauthorized construction was built, the consent of the owner of such a site is necessary. The problem is in proving the real will of the owner to build a particular object on the land. The author believes that it is necessary to receive such permission before construction, and to detail in it the characteristics of the future construction.

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