Единый объект недвижимости: поэтапное движение к цели или дезорганизация правового регулирования
The article contains a critical analysis of the amendments to the real estate legislation proposed by the Ministry of Economic Development of the Russian Federation. The amendments are aimed at the introduction in the Russian civil law of the traditional continental concept of a unitary real estate item (when a building on a land plot is treated as part and parcel of this land plot). This aim was suggested by the Conception of Amending the Federal Legislation in Order to Provide for the Legal Regime of Unitary Real Estate Item. The author, taking into account the position of the Russian President’s Council for the Codification and Improvement of the Civil Legislation, concludes that the suggested amendments do not further the suggested aim. Instead of improving the criteria of the real estate, the implementation of the amendments will lead to the abandonment of the objective criteria of the real estate. The result will be the loss of even those achievements in the clarification of the notion of real estate which we currently have. Criticizing the abovementioned Concept, the author concludes that the intended experiment is an attempt of at least premature interference into the legal regulation of such important sphere as the real estate. It is pointed out that the radical reforms in the legal regulation of real estate may have the most serious negative consequences for the protection of property. The author argues that the conclusion on the necessity (or the absence of necessity) of the transition to the unitary real estate item must be based on a serious multilayer research.