Korotin A.S., Romanov V.M. —
Peculiarities of the emergence of land disputes and mechanisms for their settlement
// Administrative and municipal law. – 2021. – ¹ 2.
– P. 38 - 53.
DOI: 10.7256/2454-0595.2021.2.34808
URL: https://en.e-notabene.ru/ammag/article_34808.html
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Abstract: In the current legislation, the terms “land dispute” and “dispute on land” have no regulatory basis, which directly affects the growth rate in the number of court cases. The phrase “land dispute” or “dispute on land” is attributed to such concepts that require utmost clarity and understanding of the entire chain of the dispute process from the origin of conflict to its consequences, including normative legal consolidation of each step. The article examines “land dispute” from the perspective of multi-criteria integrator of issues in land matters, turning to the methodological approach towards addressing major problems. Analysis is conducted on the sources of the emergence of this conflict. The author concludes on incompleteness of a number of previously considered approaches and research methods, as well as formulates recommendations. It is also indicated that the dialectical method, implemented through systemic analysis, would allow forming forecast models of the “land dispute” based on more precise amount of information. The conducted research proves that solution to the problem of “land dispute” is yet to be worked through; as well as substantiates the need for extending the criteria for analyzing the problematic of this issue and transferring it from the rank of uncertainty to the rank of mathematical modeling as one of the forecasting methods. The article explores the prerequisites for the emergence of “land dispute” from the perspective of occurrence of the sources of errors as a criterion for advent of conflict for litigation process and the mechanisms for settling such situations, taking into account the minimization of their origin.