The Features of Legal Regulation of Administrative Demolition of Unauthorized Constructions

Abstract

The article deals with the legal regulation of the demolition of unauthorized construction objects by the decision of local authorities. The author analyzes the practice of applying paragraph 4 of article 222 of the Civil code of the Russian Federation. The correlation between administrative demolition and the necessity of the legal regime of unauthorized construction objects liberalization indicated in the Concept of development of civil legislation of the Russian Federation is considered. The question of compliance with the constitutional principle of separation of powers in the implementation of the right granted to local self-government bodies to make independent decisions on the demolition of unauthorized buildings is studied. The author studies the development of legal regulation of the demolition of unauthorized construction objects in the administrative order. The criteria for the permissibility of administrative demolition are defined, considering the necessity of promptly eliminating citizens' rights violations and maintaining a balance of private and public interests. The article studies the validity of granting local self-government bodies the right to make decisions on the demolition of unauthorized construction, considering the possibility of recognizing the ownership of the object of unauthorized construction in court. The author formulates proposals for improving the legislation regulating the procedure for local self-government bodies to make decisions on the demolition or bringing into compliance with the established requirements of unauthorized construction objects.