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Regular version of the site

Article

Проблемы судебных споров о статусе территорий общего пользования

Медведев И. Р.

The article provides an analysis of judicial practice regarding the status of public realm. The author points out the existence of “wide” and “narrow” approaches to the interpretation of the issue of the formation of such territories and criticizes the “narrow” approach based on the requirement to draw up a site with building lines in the territorial planning documents. According to the author, it is incorrect to make the implementation of subjective public right, including the right to use public spaces, dependent on the execution (non-fulfillment) by an official of formal actions that the holder of rights cannot influence. Information about the building lines should be assessed by the court along with other evidence. In such cases, the court should base its findings on a key feature of public realm: its use by an unlimited number of persons in the common interest.