Construct of Public Easement as Established in the Legislation of the Russian Federation for the Benefit of Owners of Linear Electric Power Infrastructure Facilities: Transformation of Civil Law Approaches or the Search for a New Legal Model
Year: 2025
Type: article
Abstract: This article analyzes the legal construct of public easement under the legislation of the Russian Federation established for the benefit of owners of linear electric power infrastructure facilities. The objective is to assess whether the current easement regime aligns with classical civil law approaches or forms a new public law model adapted to contemporary challenges. Drawing on comparative legal analysis, case law (from 2019 to 2023), and doctrinal opinions, the author highlights key contradictions: the absence of criteria for easement payment and compensation for losses, uncertainty regarding the duration of easements, and the risk of private interests being substituted for public ones. The study finds that public easements in the electric power sector diverge from traditional easement characteristics, as they do not reflect neighborly relations and are intended to serve specific entities. The findings underscore the need for legislative reform. The article proposes removing the term "public easement" from the Land Code of the Russian Federation and replacing it with public restrictions on proprietary rights that balance infrastructure projects and owner protections. This study contributes to ongoing discussions on the nature of property right limitations in light of the strategic significance of the electric power industry to national security
Source: Herald of V.A. Musin Law Center
DOI: 10.61525/s0035540-4
Author: Olga M. Zalavskaya
Institution: Kutafin Moscow State Law University
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4412928994