The law enforcement approach to the transfer of ownership of a land plot when purchasing part of a building from a public legal entity

• Published in: Юридические исследования no. 7; pp. 29 - 39
• Main Author: Nikitina, Alla Evgen'evna
• Format: Journal Article
• Language: English
• Published: 01.07.2025
• ISSN: 2409-7136; 2409-7136
• DOI: 10.25136/2409-7136.2025.7.75142

The article explores the problem of the judicial practice forming an unjustified exception to the principle of the unity of destiny of land plots and real estate, as well as norms regarding the transfer of ownership of land upon the alienation of real estate in cases where the seller of part of a building is a public-law entity. The dynamics of the consideration of a specific case is traced during the initial and subsequent reviews in courts of all instances. The author compares the law enforcement approach to legal norms and the position of scholars in legal doctrine, revealing a significant difference. The aim of the study is to analyze the collision between the legislative enshrinement of the equality of subjects of civil legal relations and judicial practice, which creates exceptions to this principle in favor of public-law entities, as well as to assess the consequences of such an approach. The methodology of the research is based on a detailed analysis of a specific court case, a comparative legal analysis of contradictory judicial acts, and a review of doctrinal positions. Alongside this, key issues are identified: the formation of a privileged position for the state-seller without proper legislative regulation; the use by courts of phrases from judicial acts of the Supreme Court of the Russian Federation that are taken out of context. The scientific novelty lies in proving the thesis of the substitution of legislative regulation by judicial practice: for the first time, based on the material of a "chain" of interrelated judicial acts (2024-2025), the algorithm for forming privileges for the state through incorrect quoting and contextual distortion of legal positions of the Supreme Court of the Russian Federation is revealed, which leads to a violation of the principle of the rule of law and requires an immediate legislative response. It is concluded that the establishment of such exceptions by judicial practice bypassing the law is unacceptable, and there is a need for legislative resolution of the identified collision by introducing clear amendments to Article 552 of the Civil Code of the Russian Federation or a special federal law to consolidate the corresponding exceptions, which will ensure legal certainty and compliance with the principle of the rule of law, as well as the unity of judicial practice.