PROCEDURAL FEATURES OF COURT APPEALS WITH CLAIMS TO MUNICIPAL BODIES ON RECOGNIZING LAND PLOT OWNERSHIP RIGHTS

Abstract

Study of the procedural speci cs of court applications is of current importance. This is because disputable situations occur in Russian law-enforcement practice, which are connected with realization of procedural law to appeal to the judicial authorities with claims to recognize the ownership of land plots. When dealing with claims for municipalities on the recognition of ownership of land a number of circumstances should be considered which fundamentally affect the outcome of the court case. These circumstances are divided into two groups. The  rst group relates to the legal status of the requested land plot (it was studied as a common one), whereas the second one is connected with the presence or absence of ownership of requested land plot by third parties. The purpose of the research at hand was the study and description of the procedural speci cs of the recognition of ownership of a land plot under circumstances where the municipality acts as a defendant and the land plot is located within the boundaries of a noncommercial garden association. In such a case, for the conditions and procedure of recognition of ownership of a land plot the following circumstances are of high importance: a category of a land plot, a kind of its permitted use, an assignment of a land plot to a particular territorial zone, as well as the presence or absence of structures on it including buildings under construction.