Legal Mechanisms for Resolving Conflicts Between Private and Public Interests in the Implementation of Ctd Projects
Year: 2025
Type: article
Abstract: The article is devoted to the analysis of regulatory and legal mechanisms for resolving conflicts between public and private interests in the process of implementing complex territorial development (CTD) in the Russian Federation. The research is based on the systematization of constitutional norms, provisions of the Urban Planning, Land, Civil and Housing Codes, as well as special federal laws regulating the assessment and registration of real estate rights. Special attention is paid to the content and limits of application of the principles of necessity and proportionality of limitation of property rights formulated by the Constitutional Court of the Russian Federation and implemented when property is seized for state and municipal needs. Based on the analysis of the judicial practice of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the arbitration courts, the emerging legal standards of provisionality, completeness and equivalence of compensation, as well as procedural requirements for the seizure of property for the purposes of the CTD, have been identified. Problematic areas of legal regulation are formulated related to the uncertainty of the criteria for including territories in the CTD, the lack of mechanisms for informing copyright holders, the lack of independent assessment procedures and uniform deadlines for withdrawal.
Source: Stolypin Annals
Author: Andrey Terentyev
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W7123580267