Establishing Servitude in Order to Place Infrastructure Facility of Federal or Regional Significance

Abstract

The article is based on the results of the comprehensive research on the law enforcement monitoring involving specialists in various fields of knowledge, namely lawyers and economists. The author considers the problems of defining the concepts of «infrastructure facility of federal significance», «infrastructure facility of regional significance», “servitude”; some aspects of the state cadastral registration and state registration of rights in relation to infrastructure facilities of federal or regional significance; the grounds for placing infrastructure facilities of federal or regional significance on public and private land lots, public lands; the recourse mechanisms of the interests of right holders of land lot on which infrastructure facilities of federal or regional significance are located. Mostly, the article contains a legal view of the issues mentioned. However, since the article is based on the results of interdisciplinary law enforcement monitoring, it also presents some economic aspects. On the basis of the research results, the author, in particular, concludes that the legal definitions of the concepts «infrastructure facility of federal significance» and «infrastructure facility of regional significance» can obtain relevant content in relation to an economic analysis of the phenomena. The special characteristics of infrastructure facilities of federal or regional significance inevitably determine the specifics of the registration of rights in relation to such objects and land lots on which they are located. However, not all the identified features can be assessed positively. For example, in the author's opinion, regardless of whether an infrastructure facility is located on / above / under someone else's land lot, the right to place the object should be issued. As to the appropriate title to the placement of infrastructure faculties of federal or regional significance on someone else's land lot, if earlier a land lease was most in demand, today it is a public servitude established according to the rules of Ch. 7 of the Land Code of the Russian Federation. Meanwhile, the use of the concept of servitude for the designated purposes still causes many theoretical and practical issues, as it is evidenced by enforcement practices.