Challenging the Land Use and Development Rules: Legal Grounds and Court Practice
The article analyzes the legal grounds for challenging the rules of land use and development. Proceeding from the provisions of Art. 213 of the Administrative Procedure Rules of the Russian Federation, three groups of grounds are singled out and considered: (1) violation of the rights, freedoms and legitimate interests of persons in whose interests the rules of land tenure and development are challenged; (2) violation of the procedure for the adoption of rules for land use and development; (3) the discrepancy between the rules of land use and development of legal regulations that are of great legal force. Analyzing the existing court practice, the authors conclude that often, when challenging the rules of land use and development, courts deny a claim and unreasonably ignore the interests of property owners. Successful challenging of land use and development rules is possible, as a rule, only in cases when there are obvious violations of the law when they are adopted or in their content. In the opinion of the authors, the adoption by the higher courts of the Russian Federation of an explanatory and generalizing act on this topic could contribute to a more balanced approach to the consideration of such disputes.