Zheleznov, D.S. Correlation between the legislation of the Russian Federation and the cities of federal significance in the sphere of provision of plots of land for the construction needs

Abstract: Analysis of the current legislation of the Russian Federation makes the author conclude that the legal regulation of the provision of plots of land for the construction needs is mostly provided at the federal level. There are only two cases, when the constituent subjects of the Russian Federation have a right for independent acts within their competence in this sphere. The first case is when the federal law directly provides that a constituent subject of the Russian Federation should adopt a normative legal act. The second case is when the relevant issues are not directly regulated by the federal law, however, adoption of such acts is not prohibited and is caused by the need to implement land and city planning competence of the constituent subjects of the Russian Federation. The author provides examples from the legislation of the cities of St. Petersburg and Moscow for each of these cases. This article also concerns the shortcomings of the current legislation of the cities of federal significance in the sphere of provision of land plots for construction needs, and the author provides analysis of the judicial practice on ambiguous issues.

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