Raskotikov, I.S. Guarantees of public and private interests in the construction of Olympic objects in the sphere of power industry

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.

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