Malykh I.V., Gribinichenko L. —
Relevant issues of legal regulation of the use of public highways
// Law and Politics. – 2018. – ¹ 5.
– P. 10 - 22.
DOI: 10.7256/2454-0706.2018.5.26243
URL: https://en.e-notabene.ru/lpmag/article_26243.html
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Abstract: This article examines the fundamentals of legal regulation of the use of public highways in the Russian Federation. The authors consider the terms under which the object is recognized as private road for public use; as well as analyze the existing in legal doctrine and judicial practice approaches towards determination of the content of proprietary right to such objects. A need is substantiate for adoption of the special legal norms by the subjects of the Russian Federation that establish the legal regime for private roads alongside the administrative responsibility for its violation. The authors come to a conclusion about the need for improving the rights protection mechanism and the interests of private roads owners secured by law. The use of privately owned property for the socially valuable purposes predetermines the necessity for strengthening public legal protection of the interests of owners of such property. The article suggests the ways of improving the current legislation that regulates the private roads.