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The COP will check the issue of demolition of buildings after the seizure of land from the owner

The Constitutional Court (CC) received a complaint from Daniil Kravchenko, an entrepreneur from Rostov-on-Don, who disputes the constitutionality of paragraphs 1 and 2 of Article 222 of the Civil Code (GC) on unauthorized buildings. The applicant asks to check the norms to the extent that the existing judicial practice allows to demolish a capital object built on the basis of permits of the authorities and registered in the USRN, if it subsequently became clear that the land under it left the municipal property with violations. In the applicant’s view, this practice effectively shifts the consequences of the authorities’ mistakes onto the bona fide owner of the property.

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The COP will check the issue of demolition of buildings after the seizure of land from the owner

The Constitutional Court (CC) received a complaint from Daniil Kravchenko, an entrepreneur from Rostov-on-Don, who disputes the constitutionality of paragraphs 1 and 2 of Article 222 of the Civil Code (GC) on unauthorized buildings. The applicant asks to check the norms to the extent that the existing judicial practice allows to demolish a capital object built on the basis of permits of the authorities and registered in the USRN, if it subsequently became clear that the land under it left the municipal property with violations. In the applicant’s view, this practice effectively shifts the consequences of the authorities’ mistakes onto the bona fide owner of the property.

Source: Ведомости ↗

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