UDC: 349.4:347.45(470)
BBC: Х407.12
Vladimirov N.N.
Issues of responsibility in the field of land lease agreement under the legislation of the Russian Federation
Keywords: land lease agreements, owner, landlord, tenant, liability, losses, compensation for damage, the Civil Code of the Russian Federation, the Land Code of the Russian Federation
Liability issues in the field of land lease agreements are relevant, since the rights of land tenants can often change due to restrictions imposed by current legislation, both federal and regional. The existing problems affect to a greater extent the interests of participants in land relations, who, by their legal status, largely have preferential rights to use and manage the land. The possibility of using land under tenancy creates priority guarantees of temporary ownership, but excluding the rights to manage the land, which belong exclusively to the land owner. A properly executed land lease agreement certainly does not create obstacles and restrictions for the tenant, however, if there is an unjustified delay in lease payments or there are facts of land misuse, then there is a significant issue of liability. The purpose of the study is to analyze the existing liability measures established in the field of land lease agreements under the current legislation of the Russian Federation, as well as the existing contractual practice. Materials and methods. In the course of the research, methods of a systematic, structural approach, generalization and comparison were used to more fully substantiate the subject matter, determine the measure of responsibility in the field of the executing land lease agreements. The work is based on a comprehensive analysis and generalization of current norms of the federal legislation, as well as materials from scientific publications and judicial practice. Results. The main difficulties of the law enforcement practice that has developed in the field of contractual relations for land lease are related to the conflicts (imperfections) of current civil and land legislation, the inefficiency of existing mechanisms for the implementation of tenants' rights. To solve the problem of terminating the rights to a land plot due to various circumstances, Decree № 59 of the Government of the Russian Federation dated January 27, 2022 «On Approval of Regulations on Compensation for Losses in Case of Deterioration of Land Quality, Restriction of the Rights of Land Owners, Land Users, Landowners and Tenants of Land Plots, as well as the Right Holders of Real Estate Objects Located on Land Plots and on Invalidation of Certain Acts of the Government of the Russian Federation» was adopted and is in force. The specified act currently defines the legal responsibility of the parties, the nature of reimbursement of costs incurred in connection with the improper land use. Conclusions. When considering general and particular issues of liability in the field of land lease agreements, one can note their practical importance for improving the norms of civil and land legislation, in particular, addressing the issue of reimbursement and compensation for land degradation or improper use, etc. Incorrect interpreting the applicable general legal and special norms by the parties often leads to a violation of the interests of the owner, tenant or other parties to the contractual relationship. In these cases, the main way is to restore the violated rights of the parties to the lease agreement, which is carried out in court. The use of civil law methods to protect contractual rights in the field of land relations seems to be quite reasonable. Sanctions should be aimed at both compensation for property liability and reimbursement for losses, as well as payment of forfeits (penalties, fines), but within reasonable limits.
References
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About authors
- Vladimirov Nikolay N.
- Candidate of Law Sciences, Associate Professor, Department of Civil Law Disciplines, Chuvash State University, Russia, Cheboksary (nik1811@mail.ru; )
Article link
Vladimirov N.N. Issues of responsibility in the field of land lease agreement under the legislation of the Russian Federation [Electronic resource] // Oeconomia et Jus. – 2025. – №2. P. 71-81. – URL: https://oecomia-et-jus.ru/en/single/2025/2/7/. DOI: 10.47026/2499-9636-2025-2-71-81.
