Compulsory alienation of land plots: A historical review and some results of legal regulation

¹ The Rostov branch of the Federal State Budget-Funded Educational Institution of Higher Education «The Russian State University of Justice» (the city of Rostov-on-Don), Lenina av., 66, Rostov-on-Don, 344038, Russia
² The South Russian Institute is a branch of the Russian Presidential Academy of National Economy and Public Administration Pushkinskaya str., 70/54, Rostov-on-Don, 344003, Russia
³ Don State Technical University, Gagarin Square, Rostov-on-Don, 344003, Russia

^* Corresponding author: kri-kazaryan@yandex.ru

Abstract

Ensuring the inviolability of the right of private property is one of the main constitutional guarantees of the subjective right of any person, and at the same time it acts as a condition for building and an indisputable requirement for a state governed by the rule of law. However, modern experience shows that under the conditions of present-day public life, the right of ownership is not absolute,not excluding land, and there is no unlimited power of the owner over the land plots belonging to him. The right of ownership is limited by considerations of the so-called social function of the state, service to public interests and other factors. State reserves the right and prescribes a special mechanism with a certain number of grounds that allow the compulsory restriction on private ownership of land in cases strictly specified by law. The possibility of restricting private property for various purposes comes from the doctrinal provision of the binding nature of property itself. However, the use of such instruments of influence should not be the subject of abuse by a State or officials in order to redistribute property. At the same time, the current legal regulation in any case is based on the historical experience of both Russia and foreign countries. Within the framework of the article, the authors attempt to give a brief analysis of the history of legal regulation on alienation of land plots, analyzing the relevant constitutional, civil, and criminal law norms.