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LIMITS OF THE PREJUDICE OF JUDICIAL ACTS ADOPTED IN RELATION TO UNAUTHORIZED BUILDINGS: THE PROCEDURAL ASPECT OF THE PROTECTION OF CIVIL RIGHTS OF OWNERS OF UNAUTHORIZED BUILDINGS

LIMITS OF THE PREJUDICE OF JUDICIAL ACTS

ADOPTED IN RELATION TO UNAUTHORIZED BUILDINGS:

THE PROCEDURAL ASPECT OF THE PROTECTION OF CIVIL RIGHTS

OF OWNERS OF UNAUTHORIZED BUILDINGS

D.N. LATYPOV,

Candidate of Legal Sciences,

Associate Professor of the Department of Business Law, Civil

and Arbitration Procedure of the Perm State University

The issue of regulation of unauthorized buildings is often discussed in science works and

explanations of the highest judicial instances. This research reveals the procedural aspect

of protecting the rights of owners of unauthorized buildings. The article is devoted to the

review of judicial practice on disputes related to the protection of the rights of owners of

unauthorized construction when they are presented with demolition requirements. The

subject of the study is the issues of overcoming the judicial acts that have been taken

regarding unauthorized buildings, when subsequently considering other claims for

demolition. The analysis of available judicial practice concerning the specified questions

is made. The generalization of the most frequently encountered questions in resolving

such disputes is given. Based on the results of the analysis, it was concluded that there is

a need to consolidate certain legal norms designed to establish a uniform approach: the

author comes to the conclusion that the vector of the development of legislation aimed

at expanding the powers of a public entity to respond to such an offense as the erection

of unauthorized construction is not uniform, and this indicates the urgent need for an

appropriate explanation of the Supreme Court of the Russian Federation, due to the

presence of a considerable amount of contradictory judicial practice. Such explanations

could contribute to more effective protection of the violated rights.

Keywords: unauthorized construction; prejudice; compulsory execution of the judicial

act; protection of civil rights.

References

Demkina A. Samovol’naya postrojka: legalizatsiya ili snos? [Unauthorized Construction:

Legalization or Demolition?]. ezh-Yurist = ezh-Lawyer, 2017, no. 10. (In Russian)

Polyak M.I. Preyuditsiya v grazhdanskom, arbitrazhnom, ugolovnom, administrativnom

sudoproizvodstve [Prejudice in Civil, Arbitration, Criminal, Administrative Proceedings].

SPS “ConsultantPlus”. 2018. (In Russian)

Information about the author

Latypov D.N. (Perm, Russia) – Candidate of Legal Sciences, Associate Professor

of the Department of Business Law, Civil and Arbitration Procedure of the Perm State

University (614068, Perm, Dzerzhinskogo St., 2, Bldg. 5, Room 80; e-mail: predprim.

[email protected]).

Recommended citation

Latypov D.N. Predely preyuditsii sudebnykh aktov, prinyatykh v otnoshenii

samovol’nykh postroek: protsessual’nyj aspekt zashchity grazhdanskikh prav vladel’tsev

samovol’nykh postroek [Limits of the Prejudice of Judicial Acts Adopted in Relation

to Unauthorized Buildings: The Procedural Aspect of the Protection of Civil Rights

of Owners of Unauthorized Buildings]. Вестник гражданского процесса = Herald of

Civil Procedure, 2018, no. 4, p. 290–297. (In Russian) DOI: 10.24031/2226-0781-2018-

8-4-290-297

D.N. LATYPOV