THE PROBLEM OF THE RELATIONSHIP BETWEEN PUBLIC LAW AND PRIVATE LAW RESTRICTIONS ON THE RIGHTS OF OWNERS OF NEIGHBORING LAND PLOTS

The article considers the problem of regulation of civil law relations between the owners of neighboring land plots that develop in the exercise of the right of ownership, with the obligation to take into account the legitimate interests of neighbors, and undergo an acceptable impact, emanating from a neighboring land plot. The purpose of the study is to analyze the problem of legal regulation of legal relations in the field of civil law that develop between the owners of borderland plots. In the course of the study, a number of scientific methods are used: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic; specific scientific methods: legal-dogmatic and interpretation of legal norms. The results of the study make it possible to reveal a gap in the legislative regulation of civil law relations, stipulating the obligation of the owner to take into account the legitimate interests of owners of neighboring land plots. The article determines the differences between such legal categories as the limits of the exercise of the right to property and the limits of the right to property, these categories are delimited with the notion of «abuse of the right to cause harm to another person»

Institution of neighboring rights in civil legislation of post-soviet countries

The authors consider in this paper the emergence and development of neighboring rights in some countries of Europe and the CIS countries. The main features of neighboring rights are singled out and grounded, ways of protecting neighboring rights are analyzed. Gaps in the legal regulation of neighboring rights were identified and a conclusion was drawn on the need to introduce this legal institution into Russian civil la

A correlation between the categories 'interest' and 'good faith' in enjoyment of the secondary rights

The problems of how two categories, “interest” and “good faith”, are related while implementing the secondary rights were studied. Based on the analysis of the current compliance practices and the literature data on civil law, the use of these general legal categories for exercising the secondary rights was considered with regard to the fact that the latter are secondary to the subjective civil rights. The research was performed with the help of the following methods: empirical methods of comparison, description, and interpretation; theoretical methods of formal and dialectical logic; and private scientific methods, such as the legal dogmatic method and interpretation of legal norms. A special focus was placed on the implementation of the secondary rights, namely on organization, transformation, and termination of legal relations, i.e., the secondary rights are of interest to the legal entities only when they serve the “actual” interest of these entities. It was concluded that the enjoyment of legal opportunities in a unilateral way, being aimed at the creation and transformation of legal relations as an ideal model of the actual objectively existing relationships and interactions between people, is driven by the socio-economic interest, and the secondary rights should be exercised responsibly in line with the “abstract” conscientious behavior

Institution of neighboring rights in civil legislation of post-soviet countries

The authors consider in this paper the emergence and development of neighboring rights in some countries of Europe and the CIS countries. The main features of neighboring rights are singled out and grounded, ways of protecting neighboring rights are analyzed. Gaps in the legal regulation of neighboring rights were identified and a conclusion was drawn on the need to introduce this legal institution into Russian civil la