To the Question about Double Lease of Land Plots
https://doi.org/10.25205/2542-0410-2019-15-1-41-47
Abstract
The current article deals with the problems of forest land lease arising from the repeated lease of the land, when such a right already exists. The article focus on an analysis of the main gaps of legal regulation, in particular, the lack of criteria for the compatibility of different types of forest use, and the resulting probability of loss of the pledge of the right to lease forest plots due to the termination of this right, as well as the impossibility of the realization of the pledged item due to the impossibility of its use despite the preservation of the pledge obligation. The author offers recommendations for resolving these problematic issues. The researcher points on the special practical and theoretical importance of further solving of the problem of the lack of detailed legislative regulation of this legal institution. In this regard, we can say that at the moment the highest priority is to establish a method for determining the compatibility of forest uses, based on their practical implementation. The author used general scientific, historical, analytical, formal legal, functional and other methods.
About the Author
R. R. Kuzmin
Tyumen State University
Russian Federation
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