Dmitry Uryakin analysed for Pravo.ru the legal nuances of defining zones with special use of territory

Dmitry Uryakin - Senior Associate

One of the most common categories of court cases is land disputes relating to the location of land plots in areas with special use. And sometimes the laws and regulations establishing urban planning restrictions are drafted in such a way that defining the boundaries of a protective zone causes difficulties not only for a land plot owner but also for the lawyers.

Dmitry Uryakin, Associate at Maxima Legal, has confirmed to portal Pravo.ru that location of a land plot within a special use zone imposes certain restrictions on its owners. In particular, they may contain a prohibition on new residential construction, otherwise there would be no point in establishing a protected area or its protection zone.

Dmitry also drew attention to the fact that sometimes it is difficult to conclude from documents establishing a zone with special use of the territory whether a land plot is within the boundaries of that zone. As an example, the lawyer cited the ruling of the Economic Collegium of the Supreme Court of 20.10.2020 № 305-ES20-10119 in case № A40-81080/2019, in which judicial acts were overturned, including for this reason.

Furthermore, according to Dmitry Uryakin, “often the protection zone regime, i.e. specific restrictions on land use, are described so poorly and sometimes even contradictorily that it is a non-trivial task even for a lawyer, let alone a land plot owner, to make sense of them”.

To read the full article (in Russian) please visit Pravo.ru website >>>