The humanities and social science

2022 Issue №3

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Genesis of the concept of “unclaimed land share” in Russian legislation



The concept of “unclaimed land share” appeared and developed in Russian legislation due to the debatable nature of the legal nature and the ambiguity of the legal regime of the land share as a category of land law. The article provides a description of the theoretical and practical issues related to the genesis of the doctrinal and legal concepts of land share and unclaimed land share, the topical issues of recognizing a land share as unclaimed. The author gives the timeline of the concept of unclaimed land share in the legislation, and indicates the change in the criteria for classifying land shares as unclaimed, as well as the complexity of the legal mechanism for recognizing the right of public ownership of them. The article also outlines the possible areas for further development of the legal regime of unclaimed land shares and improvement of its efficiency: procedural improvement to recognize land shares as unclaimed and the criteria for classifying them as such; regulation of the extrajudicial transfer of unclaimed land shares into municipal ownership; establishment of a term for the right to recognize unclaimed land shares as municipal property; use of the legal mechanism for recognizing ownership of unclaimed land shares as ownerless; limitation of the period of use of the legal category of “unclaimed land share”.