Application of competitive procedures in making decisions on the use of lands or land plots in state or municipal ownership for the purposes of placing facilities without providing land plots and establishing an easyment or public easyment (using the example of the Republic of Buryatia)
DOI:
https://doi.org/10.17308/law/1995-5502/2026/2/182-188Keywords:
land plot, use of land or land plots, permit for use, permit for placement of an object, auction, regulatory legal actAbstract
This study examines the procedure for issuing permits for the placement of facilities in accordance with paragraph 3 of Article 39.36 of the Land Code of the Russian Federation, taking into account the practice of the Republic of Buryatia. Particular attention is paid to the amendments that came into force on January 1, 2026, and concerning the introduction of a procedure for granting permits for the placement of certain types of facilities through an auction (previously, the placement of all types of facilities was "simplified," was of an declarative nature, and did not provide for competitive procedures). Despite the existence of similar practices in other constituent entities of the Russian Federation, we believe that in the Republic of Buryatia, the regulatory framework for holding auctions for the right to place facilities contains a number of shortcomings associated with the insufficient distribution of competitive procedures, the presence of obvious gaps in the regional regulatory act, and the absence of the necessary municipal legal acts, which requires the prompt elimination of all identified deficiencies.
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References
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