Recognition of the Object as an Unauthorized Construction: Problems of Law Enforcement

Unauthorized construction refers to the initial ways of acquiring ownership of the property. Despite the fact that the conditions for the emergence of ownership for immovable property are clearly articulated in the law, there are constant problems in law enforcement. The paper examines some court decisions as examples of imperfection of legal regulation of unauthorized construction. The purpose of the paper is to investigate scientific and practical problems of implementation of unauthorized construction in the Russian Federation as a basis for the acquisition of property rights, to analyze possible ways to eliminate them. The paper applied a comprehensive analysis of legislation and law enforcement practice that determine the legal regime of objects of unauthorized construction in compliance with civil law provisions. Based on the results of the analysis of the problems of legal regulation of unauthorized construction and contradictions in the enforcement of the norms governing these relations, the author suggests the ways that can be applied to solve the problems under consideration and to manage relations arising on this basis of the emergence of property rights.

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