Principles of equitable reparation in the case of compulsory alienation of immovable property

The relevance of the problems investigated in the article is due to the fact that the questions about what “equitable reparation” means and how the value of compulsory alienated property should be calculated are of a fundamental nature. The purpose of the article was to establish the principles of equitable reparation in the case of compulsory alienation of immovable property in the Russian Federation. The leading research method for this problem is the analysis method, which allowed studying the legislation of the Russian Federation on this issue and highlighting the principles of equitable reparation in the case of forced transfer of immovable property on the basis of judicial practice. The article identified four principles of equitable reparation in Russian law; it was established that the legislation and judicial practice in determining reparation in the event of compulsory alienation of immovable property in the Russian Federation are imperfect, which leads to numerous litigation in the event of disagreement about the valuation of property; the necessity of defining the concept of “equitable reparation” in regulatory legal acts was explained. © Rushing Water Publishers Ltd. 2019.

Authors
Gilina E.A. 1 , Mishalchenko Y.V.2 , Alexeyev G.V.2 , Toropygin A.V.3 , Radchenko E.B.4
Publisher
Rushing Water Publishers Ltd.
Number of issue
2
Language
English
Pages
657-665
Status
Published
Year
2019
Organizations
  • 1 Department of Civil and Process and Private International Law, Institute of Law, RUDN University, 6 Miklukho-Maklay Str, Moscow, 117198, Russian Federation
  • 2 Department of Constitutional and International Law, Saint-Petersburg Institute (Branch), All-Russian State University of Justice (Russian Law Academy of the Ministry of Justice of Russia), 10 line Vasilyevsky Island, 19, Saint Petersburg, 199178, Russian Federation
  • 3 Department of International Relations, North-West Institute of Management, Russian Academy of National Economy and Public Administration under the President of the Russian Federation, 57/43 Vasilyevsky Island Middle Avenue, Saint Petersburg, 199178, Russian Federation
  • 4 Research Institute, Organization of Health Care and Medical Management, Department of Health of the City of Moscow, 30 Bolshaya Tatarskaya Str, Moscow, 115184, Russian Federation
Keywords
Compulsory alienation of immovable property; Equitable reparation; Legislation and judicial practice; Property valuation
Date of creation
10.02.2020
Date of change
10.02.2020
Short link
https://repository.rudn.ru/en/records/article/record/56309/
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