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The Constitutional Court of the Russian Federation has reviewed the constitutionality of the seizure of land plots located in protected areas from citizens

29 января 2025
29
The Constitutional Court of the Russian Federation has reviewed the complaints of citizens N.I. Grishina, N.Z. Gulordava and others concerning the seizure of land plots located within the boundaries of the Sochi National Park and other specially protected natural areas (SPNA). These lands, which are federal property and withdrawn from circulation, were previously provided to citizens by local authorities, which led to mass seizures based on claims by the environmental prosecutor's office since 2021.

The main issue considered by the Constitutional Court of the Russian Federation in its ruling of January 28, 2025, No. 3-P, was to review the constitutionality of Articles 12, 209 and 304 of the Civil Code of the Russian Federation, as well as Part 5 of Article 1 of the Federal Law "On State Registration of Real Estate". These norms, as interpreted by the courts, allowed for the seizure of land plots from citizens without regard to good faith ownership, registration of the right in the Unified State Register of Real Estate, or the statute of limitations, which, according to the applicants, infringed on their constitutionally protected rights and interests.

The Constitutional Court of the Russian Federation recognized the contested norms as consistent with the Constitution of the Russian Federation, but pointed out the need to take into account a number of guarantees established by the civil legislation of the Russian Federation. This means that the courts must take into account:

1. Good faith ownership: Were the citizens aware that the plot was located within the boundaries of a specially protected natural area.

2. Statute of limitations: When did the statute of limitations begin (for example, from the moment of registration of the right, development of the plot, or identification of a dispute) and whether it had expired by the time a claim for seizure of the land plot was filed.

3. Compensation mechanisms: If the plot is seized, citizens must be provided with compensation or a similar plot at the expense of the public authorities that allowed the illegal provision of land plots to citizens.

Thus, the Constitutional Court of the Russian Federation came to the following conclusions:

1. In the case of land plots classified as forest fund, the so-called "forest amnesty" is applied, which establishes the priority of information from the Unified State Register of Real Estate and title documents of citizens over forest registers.

2. Land plots within the boundaries of specially protected natural areas (SPNA) can be seized, but only on condition that public authorities provide compensation or a similar plot.

The law firm "Nadmitov, Ivanov and Partners" advises on land law issues and represents the interests of clients in the Constitutional Court of the Russian Federation.

Email: info@nplaw.ru
Tel.: +7 (495) 649-87-12
+7 (495) 649-87-12