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Ruling of the Supreme Court Judicial Division for Economic Disputes of 24 January 2017 № 305-КГ16-10570

Whether the owner of all apartments in a residential house must register his right of ownership to it as a single object of real estate, if he wants to demolish the house and register his right of ownership to the land under it?

Subject areas: 

Judgment of the Constitutional Court of 22 April 2014 № 12-П on the review of constitutionality of paragraphs 2–6 of Article 13 of the Federal law “On the Circulation of Lands of Agricultural Destination” upon the petition of citizens V.Gerasimenko and L.Gerasimenko

The constitutionality of provisions which deprive the owner of a share in an agricultural land plot of the possibility to independently determine the location of the parcel of land which was apportioned to him in kind in exchange for his share

Subject areas: 

Judgment of the Constitutional Court of 2 July 2013 № 17-П on the review of constitutionality of  the provisions of paragraph 1, Article 5, and Article 391of the Tax Code of the Russian Federation in connection with the complaint of Open Joint-Stock Company “Omskmashina” 

The constitutionality of the procedure for entering into force of normative acts concerning the calculation of cadastre value of land plots, in the light of the fact that such acts may affect the obligations of the payers of the land tax, but at the same time they enter into force otherwise than in the special procedure for tax legislation entering into force.

Judgment of the Presidium of the Supreme Commercial Court of 28 May 2013 № 17085/12  in the case Administration of Temriuk district vs Mikhail Radzievski, an entrepreneur

Points of law: 1) whether buildings and structures erected by the owner of land plot, but not registered by him in the State Register of Rights to Immovables (hereinafter: the Register), may be considered as his property? 2) whether a football pitch situated on a land plot is a separate object of real estate, the right to which may be registered? 3) may a court give its own qualification to an object, which has been registered as a real estate? 4) under which circumstances a lease-holder of a land plot may acquire the right of ownership to objects erected by him on this land plot?

Judgment of the Presidium of the Supreme Commercial Court of 1 November 2011 № 7088/11 in the case The company "Aren" vs The Federal Service for State Registration, Cadastre and Cartography in Penza Region

Point of law: whether the consent of the seller of a real estate item (an edifice) to divide the land plot for the purpose of forming the land plot necessary for the use of the real estate is required, or such consent is not needed and the right to lease such land arises in the purchaser by virtue of the law?

 

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