Origination and changing of legal relationship for uses of the land and its guarding services: issues of theory
The article discusses the grounds and procedure of origination of legal relationship in private ownership and land leasing. The authors explore in detail the procedure for granting land to a preliminary placement of objects and process of placing them into disposal without the provision of facilities location (at auction). Depending on the ratio of existing procedures for land allocation or lease of property developments and the different types of the legal facts-actions, the authors identify three procedures which result in stemming this kind of legal relationship: - the procedure for granting land to the preliminary location of the object (in this procedure, plots of land are available only to property or rent); - the procedure of land allocation without prior placement of objects (at auction) includes three varieties, defined by the criterion of the amount and type of legal facts: the provision of land for housing (individual housing and multifamily); provision of land for their integrated development for housing, provision of land in accordance with the contract on the development of built-up area. In contrast to the previous procedure, which consists solely of land-administrative legal acts, this process is more complicated; - provision of land in the ownership or lease without bidding and without prior placement of the object (at the present moment it is mentioned in a number of federal laws, but there is no overall consolidation of it in the the Land Code). Having considered the strategy of regulation of urban development areas, the authors conclude that the procedure of preliminary location of objects that formed back in the depths of Soviet legal system, that has become a corrupt brake in the new conditions of the development of a market economy, will soon cease to exist.