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Acquisition of private ownership over land plots in Russia by virtue of acquisitive prescription: Issues and prospects

Aleksey Anisimov (Department of Constitutional and Administrative Law, Faculty of law, Volgograd Institute of Management – Branch of the Russian Presidential Academy of National Economy and Public Administration, Volgograd, Russia)
Anatoliy Ryzhenkov (Department of Civil Law and Procedure, Faculty of Law, Kalmyk State University, Kalmykia, Russia)
Elena Menis (Department of Land and Environmental Law, Saratov State Academy of Law, Saratov, Russian Federation)

Journal of Property, Planning and Environmental Law

ISSN: 2514-9407

Article publication date: 31 January 2020

Issue publication date: 18 March 2020

88

Abstract

Purpose

This study aims to clarify the scope of the legal procedure of the acquisitive prescription in Russia.

Design/methodology/approach

Dialectical method, historical method and system analysis method have been used.

Findings

The authors consistently prove the inadmissibility of applying acquisitive prescription to land plots in private, state or municipal ownership. One of the features of Russia as an emerging market economy is that, the major part of state lands is in so-called “non-delineated state ownership.” Plots included in such lands are not registered in the cadaster or transferred to particular public owners. That is why, the authors prove that the procedure of acquisitive prescription must be applied only in relation to land plots that are in non-delineated state ownership and have been occupied by citizens and legal entities for 15 years.

Originality/value

The authors propose new guarantees of the rights of private and public land owners. Clarification of the scope of the acquisitive prescription procedure will streamline the turnover of real estate in Russia.

Keywords

Citation

Anisimov, A., Ryzhenkov, A. and Menis, E. (2020), "Acquisition of private ownership over land plots in Russia by virtue of acquisitive prescription: Issues and prospects", Journal of Property, Planning and Environmental Law, Vol. 12 No. 1, pp. 72-86. https://doi.org/10.1108/JPPEL-09-2019-0046

Publisher

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Emerald Publishing Limited

Copyright © 2020, Emerald Publishing Limited

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