Guarantees of public and private interests
in the construction of Olympic objects in the sphere
of power industry
// Law and Politics. – 2013. – № 8.
– P. 1067-1075.
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Abstract: This article concerns the legal problems, arising from forceful termination of rights to the plots of land, as well
as the problems regarding correlation of public and private interests in the sphere of construction of power industry
objects. The problem of implementation of provisions as enshrined in the Art. 36 p.2 of the Constitution of the Russian
Federation, which establishes the limitations to the rights of the owner regards the artificial limitation of the range
of entities and persons, whose rights of ownership, use and disposition may be limited According to this norm of the
Constitution only the owners may be limited in implementation of their rights. However, when interpreting this norm
of the Constitution of the Russian Federation, the author offers to use the presumption of state ownership of the plot of
land (the legal impossibility of existence of unowned lands under the Russian law), as well as the presumption of guilt,
which allows to bring to responsibility a person who in fact causes harm to the lawful interests of undefined range of
persons, while not owning a source of increased danger. The article also concerns the legal regulation of relations
arising due to seizure of plots of land due to the future Olympic games in Sochi. As a result of widening of the Sochi
territory, construction and reconstruction of residential and non-residential premises a number of power industry
objects ended up within the construction area. The plots of land should be seized for state (municipal) needs, however, it is not possible in accordance with the current norms of the Federal Law N. 310-FZ, providing for the possibility of
such seizure in order to build (construct) Olympic objects only. From the point of view of the author, the Federal Law
of December 1, 2007, N. 310-FZ ‘On organization and holding of the XXII Winter Olympic Games and XI Paralympics
Winter Games of 2014 in the city of Sochi, development of the city of Sochi as a mountain climate resort and amendments
to the certain legislative acts of the Russian Federation” did not form any additional legal grounds for the forceful
termination of the rights to plots of land, but it did introduce some specific elements into the procedure of termination
of right, since this law is a lex specialis in respect to both the Civil Code and the Land Code of the Russian Federation,
and its provisions have a priority.
Keywords: power industry, proprietary right, plot of land, Olympic games, lawful interest, public interest, ownership, land-users, rent, source of increased danger.
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