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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

JUDICIAL AUTHORITY AND PRACTICE


D.N. LATYPOV

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.
pravo@gmail.com).

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

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Keywords