Court practice and legislative aspects of the right to unauthorized construction in civil and arbitration proceedings

Sedov Dmitry

The features of court cases and legislative aspects of the right to unauthorized construction in civil and arbitration proceedings are analyzed. A clear definition of unauthorized construction is given and the specifics of claims for recognition of ownership of unauthorized construction are taken into account. A review of judicial practice in cases of unauthorized construction is being studied. The legislative provisions regulating this sphere are being investigated. The purpose of the study is to determine the characteristic features of court cases when considering various disputes on the right to unauthorized construction, as well as to analyze various norms of legislation on the right to unauthorized construction. The following methods were used as general scientific and special scientific research methods: analogy, description, formal-logical, systematic, comparative-legal methods. The results of the study are that the conclusions of the study are aimed at understanding the essence of the judicial practice of considering cases on the right to unauthorized construction. Proposals have been made to improve the legal norms governing the right to unauthorized construction.

Keywords:Unauthorized construction, lawsuit, judicial practice, unauthorized construction, real estate, recognition of the right to unauthorized construction.