Zoning and Proprietary Rights to Land Plots: Finding a Balance of Public and Private Interests

Abstract

Introduction: The modern legal regulation of territorial zones in the Russian Federation is characterized by a complex interweaving of public and private law elements. The evolution of land legislation in recent decades has led to the formation of a unique model that combines elements of different legal systems and historical traditions. This article attempts to conceptually comprehend the existing system through the concept of a three-element model of the legal regime of a territorial zone. This model reflects the transitional state of Russian land law, balancing between the Soviet legacy and the desire for market relations Methodology and materials: The study is based on a comprehensive analysis of legislation, law enforcement practice and historical and legal traditions. As a methodological basis, a systematic approach to the study of the legal regime of territorial zones is used, including a comparative analysis of the elements of public and private law. Particular att tion is paid to conceptual modeling, which enables to identify the key components and features of the functioning of the legal regime within the framework of the three-element model.Research results and their discussion: In the course of the study, it is revealed that the legal regime of a territorial zone consists of three interrelated elements, each of which reflects its legal nature and affects the legal status of the territory. This model demonstrates a complex interweaving of public law restrictions and private law institutions, which explains the uniqueness of the Russian approach. The dominant of public interests in the regulation of land ownership, which is preserved due to historical and socio-legal conditions, is noted.Conclusions: In order to further improve the legal regulation of territorial zones, it is necessary to recognize the special nature of land ownership in Russia, where public interests traditionally prevail over private ones. The development of the legal model should take into account this specificity, ensuring a balanced combination of institutions and norms reflecting the transitional state of land law. Understanding the three-element model opens up new opportunities for systemic reform of legislation, considering historical traditions and modern challenges.