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Изъятие земельных участков в целях комплексного развития территории: проблема идентификации публичных нужд
The article analyses the features of the legal regulation of the expropriation of land for the purpose of the integrated
development of the territory, which is the main legal instrument for the release of land and real estate from the rights of third parties for subsequent involvement in construction. The authors note the problem of determining (identifying) genuine state or municipal (public) needs. The lack of a clear understanding of the expropriation of land law entities have the relevant needs for the possibility of expropriation in general gives rise to the adoption of ambiguous
court decisions that demonstrate the attempts of the law enforcer to broadly interpret the provisions of Article 49 of the Land Code of the Russian Federation. The appearance, in fact, of additional public need in the form of the need to implement a project for the integrated development of the territory creates appropriate difficulties in terms
of the application of general and special rules on the expropriation of land for by land legislation. Using the methods of systemic and teleological interpretation, as well as taking into account the trends in judicial and arbitration practice, the authors provide a justification that the achievement of the goals of the integrated development of the territory is possible only on the condition that the implementation of such development of the territory acts as an independent (“other”) basis for the expropriation of land, and the condition for such withdrawal is a legitimate decision on the integrated development of the territory.