Problems of the legal regulation of praedial servitudes in the Russian Federation
The legislation of the Russian Federation on servitudes is being reformed. There is a need for reforming due to the fact that it has no unified conception of the regulation of servitudes, does not describe the classification of its types, does not impose precise requirements on establishing servitudes, and does not establish a general procedure for determining payments for using someone else's land lots. The article points out that the current legislation of the Russian Federation does not have a clear requirement for mandatory pre-trial settlement of disputes related to establishing servitudes. All these gaps in Russian civil law are causing difficulties in dealing with disputes related to establishing and terminating praedial servitudes. The article analyses the regulatory acts affecting the right of the limited use of someone else's land lot, identifies problems associated with the application of norms for praedial servitudes and determines the approach to their solution, points out the need for developing ways and methods that could reduce disputes in the sphere of land relations. The authors of the article propose a number of changes in the current legislation of the Russian Federation by laying down criteria for establishing a private servitude and normatively defining the mechanism for calculating the payment for the use of someone else's land lot.