Sharno O.I. Non-Conforming Land Use in Populated Areas: The Limits of Law and Paradoxes of Legal Regulation
DOI: https://doi.org/10.15688/lc.jvolsu.2025.3.9
Oksana I. Sharno, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Constitutional and Municipal Law, Volgograd State University, Prosp. Universitetsky, 100, 400062, Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0001-8892-1848
Introduction: the relevance of the issue of non-conforming land use in settlements is difficult to overestimate. From the point of view of legal effectiveness, this is definitely a negative phenomenon reflecting the realities of sustainable development issues. The latter are manifested in several interrelated aspects: social, economic, environmental, legal, urban planning. In this regard, it is important to analyze and compare the limits of law in the context of the targeted use of land plots and the paradoxes that arise in the practice of land use, demonstrating the facts of non-conforming land use that cannot be eliminated (untimely eliminated). Methods: the dialectical research method was applied for the objective, multidimensional consideration of the land use in populated areas, the establishment of their inherent connections; through the analysis, the main features of the targeted and nonconforming use of land plots were identified, their comparison is carried out using synthesis in the context of the limits and paradoxes of the legal regulation and practical implementation; during the study, the method of analogies was used, which made it possible to substantiate theoretical and practical aspects with examples from law enforcement practice; the formal legal method made it possible to identify the features and specifics of the statutory regulation and the implementation of limits for the targeted use of land plots as indicators of the risk of violations of mandatory requirements of the land legislation. Results: the limits of law reflect the requirements, restrictions, and mechanism of targeted land use within the boundaries of the lands of populated areas, and therefore are: the indicators of the legitimate use of land plots; the indicators of the risk of violations of mandatory requirements that entail legal liability under Russian law. The limits of law serve as a measure of freedom and a safeguard against excessive government interference in land use issues, provide a balance necessary for order and justice, at the same time they generate some paradoxes – situations where the logic of the law conflicts with its practical application. Conclusions: non-conforming land use as a multidimensional problem reflects systemic shortcomings and challenges, and therefore, it is important to improve the limits of law and minimize the negative manifestations of the paradoxes of the legal regulation in the field of targeted land use in populated areas most susceptible to anthropogenic negative impacts. The resolution of this problem requires the coordination of public authorities and society at all levels in order to ensure environmental justice and the implementation of a sustainable development strategy.
Key words: land plot, lands of populated areas, land use, targeted and non-conforming land use, type of permitted use, limits of law, paradoxes of legal regulation, sustainable development.
Citation. Sharno O.I. Non-Conforming Land Use in Populated Areas: The Limits of Law and Paradoxes of Legal Regulation. Legal Concept = Pravovaya paradigma, 2025, vol. 24, no. 3, pp. 76-86. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2025.3.9
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