think when considering claims on the demolition of unauthorized constructions courts to consider sleduyuschee.Isk advisable to demolish the unauthorized construction, in essence, it is a requirement in which the plaintiff is asking the court to release land, the legal owner of which he is the data from the illegal possession of landplot defendant who voluntarily placed / erected on a plot of real estate in the form of building materials stacked in the shape of the real object - buildings, structures, facilities.In doing so, facilities are located on land roads, covering a sidewalk tile, concrete, etc., fencing land uchastka.Rassmatrivaya lawsuit to demolish unauthorized construction, the court finds out whether the unauthorized construction on the basis of the characteristics set out in Article 222Civil Code of the Russian Federation.In particular, it always sets whether the construction of the object real estate, there were obtained the necessary permits for the construction of the facility and were observing the urban planning and building codes, and does not create any new construction of facilities threaten life and health grazhdan.Vpolne obvious thatsign - a threat to the life and health of citizens, identified in the resolution of the dispute, serves only as a basis for the recognition of unauthorized buildings and not a condition for the non-application of the statute of limitations on the claim of the demolition of unauthorized buildings.Therefore, the use of the courts the provisions set forth in Sec. 22 Resolution of the Plenum of the Supreme Court of Russia and number 10 of the Plenum of the Supreme Arbitration Court of Russia № 22 of 29.04.2010, that the demand on the demolition of unauthorized buildings that endanger the life and health of citizens, the statute of limitations does not apply, is, in my opinion, oshibochnym.Sud found out that the construction is unauthorized, determines the way in which the applicant's right to be protected - the owner of the land uchastka.Esli court at the beginning of the case, he finds that the applicant is not the owner of the landland on which the controversial building, he, I think, is to deny the claim, without having to install at the hearing whether the controversial construction samovolnoy.Esli defendant violated the right of ownership of land - land it is completely fenced, either entirely or almostcompletely covered illegally constructed buildings and structures, the justification of the claim on the demolition of unauthorized construction shall be specified item.301 of the Civil Code of the Russian Federation, entitling the owner (rightful owner, Art. 305 of the Civil Code of the Russian Federation) of land to reclaim his property, in the form of land from illegal possession.In this case, the courts, in my opinion, it should be borne in mind that at the request of the owner (legal owner) for the recovery of his property from unlawful possession extends a three-year statute of limitations.This violation of land ownership should be recognized by the court, at least part of the land left free by the defendant, but not sufficient for its use, according to the authorized uses of the land uchastka.Esli the defendant not violated the right of ownership of land - land partially occupied by unauthorized construction (buildings,in the form of buildings, structures), the justification of the claim on the demolition of unauthorized construction shall be specified item.304 of the Civil Code of the Russian Federation, entitling the owner (legal owner) to require the elimination of any violations of his rights, even though these violations were not connected with deprivation of possession.Limitation does not apply to the requirement arising from Article.304 of the Civil Code (Art. 208 of the Civil Code) .In addition, the court, I think, will deny the claim on the demolition of unauthorized buildings filed by the prosecutor or the competent authority, declared in the public interest, because the land on which the unauthorized construction erectedalways has a specific owner, the number of types of entities permitted by applicable law.The courts, of course, must take into account the fact that the bringing of an action on the demolition of unauthorized construction, the prosecutor must always specify a particular person - the owner of the land, for the benefit of which he is being sued.The authorized body, in particular the authorized state or municipal authority, suing on the demolition of unauthorized buildings, provided that he is the rightful owner of the land on which is erected unauthorized postroyka.I Finally, the courts, it seems to me, must deny the owner - the land to the lessorplot in a lawsuit to demolish unauthorized buildings erected on a rented plot of land, taking into account the provisions of Articles 301 and 304 of the Civil Code of the Russian Federation, if the specified building erected on a rented plot of land because, under the current legislation the landlord-owner of the land can not be the owner of the landtransmitted in arendu.I now absolutely everything.The key to a proper consideration of the dispute about the demolition of unauthorized construction is the proper court to establish ownership of land.
