Decisions of public authorities in the field of land relations

Abstract

The article focuses on the grounds for decision-making by public authorities on refusal to grant ownership of land plots. The issues related to the concept of unauthorized construction under the civil legislation of the Russian Federation, the basis for the acquisition of property rights arising as a result of bona fide, open and continuous ownership and use, referred to as the acquisition prescription, are disclosed. The author reveals the specifics of the application of the “garage amnesty” when considering an application for preliminary approval of the provision of a land plot for the placement of a capital garage. Depending on this, an assessment is given of the need to apply to judicial authorities for recognition of ownership of previously issued land plots by public authorities. The article provides judicial practice related to the appeal of decisions of the executive authorities of the subject of the Russian Federation. In this connection, the author concludes that it is necessary to carry out regular monitoring of the development and decision-making of public authorities, as well as professional development of officials. This will help to avoid misinterpretation of the law when making decisions on granting land plots to citizens.