Specific Features of Consideration of Cases on Demolition of Unauthorized Structures in the Light of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 44 of December 12, 2023

Abstract

The authors consider such issues as determination of the proper defendant, other subjects of the dispute, features of procedural succession in cases on demolition of unauthorized structures in the context of the Resolution No. 44 of the Plenum of the Supreme Court of the Russian Federation adopted on December 12, 2023. The article postulates the idea of a connection between the proper character of the defendant in cases of demolition of an unauthorized building and his culpable unlawful behavior. It is proposed to take into account the will of the participants in the procedural succession only if the case is of a private law nature. The authors discuss the issue of the influence of the nature of the dispute on the demolition of an unauthorized building on the procedural form of its resolution, and distinguish between disputes considered in the civil and administrative proceedings.

In addition, the article touches upon the subject of the claim for the demolition of an unauthorized building, including the possibility of independently filing a claim for recognition of the building as unauthorized without a claim for its demolition. It is proposed to resolve the issue of the possibility of filing such a claim in the context of the concept of interim court decisions. The authors consider the differences in the subject of proof depending on the stated claim, as well as the means of proof, in particular, certain features of the appointment of a forensic examination. The point of view is criticized, according to which a forensic examination for such cases is possible only in state expert institutions. The article discusses the possibility of adopting alternative judicial decisions in cases of demolition of unauthorized constructions and issues related to its execution.