Nikishin V.V., Cherednikov A.V. Limitations of discretion in determination of permitted use of land

Abstract: This research focuses on determining the interconnections between permitted use of land and territorial zoning. Distinctions are made between the norms of Land and Urban Development Codes of the Russian Federation on territorial zoning. The authors explore the factors that form the content of the legal regime of land and analyze the conditions that create the opportunities for “individual approach” towards establishment of the legal regime of separate lots and capital construction projects. Assessment is made of the cases of arbitrary definition by the right holders of real estate of conditionally permitted types of usage of lots and objects of capital construction. The authors draw a conclusion on the absence of clear legislative base for zoning of territories, giving the law enforcement broad freedom for discretion in determining permitted type of use of land lots that can contradict the designation for the corresponding land lots.

Keywords: