Public Ownership of Land: Challenges of Legal Nature Definition and Administation

The diversity of forms of land ownership has led to the diversity of forms of public ownership, which traditionally include federal, regional and municipal land ownership. Meanwhile, the structure of public ownership of land includes not only these forms of ownership, since in the Russian Federation state ownership of land is not delimited. Consequently, there are a large number of land plots that are not private property and do not belong to the property of specific public legal entities. Nevertheless they are public property. Undivided lands are defined as a separate form of public ownership of land, with its own legal regime distinct from traditional forms of public ownership. In the process of managing them, a special role is assigned to local governments. It is proved that the powers to manage undivided lands are separate state powers transferred for execution to local authorities. The author analyzes the problem of agreements regulating the transfer of these powers from one municipality to another and the redistribution of these powers by the law of a constituent entity of the Russian Federation. It is concluded that the federal law on the transfer of powers to local authorities for the disposal of land plots, state ownership of which is not delimited, does not comply with the requirements of the legislation on local self-government.

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