THE ROLE OF JUDICIAL PRACTICE IN THE REGULATION OF LAND RELATIONS

Abstract

On the eve of the twentieth anniversary of the Land code of the Russian Federation, enacted in 2001, the author proposes to analyze the controversial issues of judicial and law enforcement practices arising from the application of rules on acquisitive prescription for land relations in the resolution of the question of the right of ownership and to draw some conclusions. In this paper the author analyzes the position of higher courts regarding the recognition of ownership of land on the basis of prescription. As a result, the author comes to the conclusion that the application of the norms of civil legislation on prescription to land relations is possible, but only in certain cases. Taking into account the different legal nature of land relations, the author proposes to amend the current Land code of the Russian Federation by adding a new basis for the emergence of ownership of the land by virtue of prescription, but subject to good faith, open and continuous ownership and use of the land for more than 18 years. The disputed land plot shall be located on the lands which are in the state not delimited property. The article also analyzes the experience of legal regulation of prescription of other States.