Inadequacy of the Regulatory Framework for Easements in the Russian Federation

This article examines the current state of the regulatory framework for easements and public easements, the incompleteness of this regulation, contradictions in the existing regulatory framework, an analysis of several current issues related to easements in actual Russian law, and the authors' opinions on the possible deepening and expansion of regulatory framework for easements. Conclusions. As a result of the conducted research, the authors come to the conclusion that the existing regulatory framework for easements is incomplete and contradictory. The existing incompleteness leads to ambiguity in the essence of the proportionate fee for the easement, and discrepancies in the methods for calculating the proportionate fee for the easement. Termination of an easement due to the cessation of the grounds for its establishment (and for other reasons) is not provided for the owner of the dominant object.

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Publication Details

Journal
Gaps in Russian legislation
Published
2025-04-18
DOI
https://doi.org/10.33693/2541-8025-2025-18-2-22-29
Primary Topic
Economic and Technological Developments in Russia
Type
article
Field-Weighted Citation Impact
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article

Inadequacy of the Regulatory Framework for Easements in the Russian Federation

С. А. Смирнова, A PETROV
Gaps in Russian legislation
Economic and Technological Developments in Russia
article

Inadequacy of the Regulatory Framework for Easements in the Russian Federation

С. А. Смирнова, A PETROV
article en

Abstract

This article examines the current state of the regulatory framework for easements and public easements, the incompleteness of this regulation, contradictions in the existing regulatory framework, an analysis of several current issues related to easements in actual Russian law, and the authors' opinions on the possible deepening and expansion of regulatory framework for easements. Conclusions. As a result of the conducted research, the authors come to the conclusion that the existing regulatory framework for easements is incomplete and contradictory. The existing incompleteness leads to ambiguity in the essence of the proportionate fee for the easement, and discrepancies in the methods for calculating the proportionate fee for the easement. Termination of an easement due to the cessation of the grounds for its establishment (and for other reasons) is not provided for the owner of the dominant object.

Gaps in Russian legislationVol. 18(2)
Peoples' Friendship University of Russia (RU)
Openalex Percentile: Top 75%
Economic and Technological Developments in Russia
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