更改提供土地用途以规避拍卖程序

V. V. Cheremukhin
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引用次数: 1

摘要

莫斯科是俄罗斯最具活力的发展地区之一,其中城市财产,特别是土地的管理和处置问题发挥着非常重要的作用。经济和城市经济的进一步发展需要改变提供和使用某一特定地块的目的,这是通过缔结有关的附加协定而正式确定的。本文的目的是分析和总结立法、司法和执法实践中关于现有土地租赁协议的附加协议的签订和国家登记问题,通过这些协议,将其规定的目的从现有建筑物的运营改为新建或改建。实现这一目标的办法是解决诸如研究有争议的法律关系的现行法律规定、执法和司法实践、查明所审议领域的问题和冲突问题、确定这一法律关系领域的发展趋势、拟订改变立法和执法做法的具体建议等任务。在解决上述问题时,运用了一般的科学方法(综合、系统分析、类比)和特殊的方法(形式法、比较法)。根据对这些问题的思考结果,笔者阐述了所考虑的法律关系的主要问题,评估了新兴的司法和执法实践,并提出了完善立法和执法实践的建议。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Circumvention of the Auction Procedure by Changing the Land Plot Provision Purpose
Moscow is one of the most dynamically developing regions of Russia, in which a very significant role is played by the issues of management and disposal of city property, especially of land plots. Further development of the economy and urban economy entails the need to change the purposes for which a particular land plot is provided and used, which is formalized by the conclusion of the relevant additional agreements. The purpose of the article is to analyze and summarize legislation, judicial and law enforcement practice on the issue of concluding and state registration of additional agreements to existing land lease agreements, by which the purpose of their provision is changed from the operation of existing buildings to new construction or reconstruction. This goal is achieved by solving tasks such as studying the existing legal regulation of disputed legal relations, law enforcement and judicial practice, identification of problematic and conflicting issues in the area under consideration, determination of trends in the development of this sphere of legal relations, development of specific proposals for changing legislation and law enforcement practices. In solving the above problems, general scientific (synthesis, system analysis, analogy) and special (formal-legal, comparative-legal) methods are used. Based on the results of the consideration of these issues, the author formulates the main problems of the legal relations under consideration, assesses the emerging judicial and law enforcement practice, and formulates proposals for improving legislation and law enforcement practice.
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