ПРОБЛЕМЫ ФОРМИРОВАНИЯ ИНСТИТУТА СОСЕДСКОГО ПРАВА В РОССИЙСКОМ ГРАЖДАНСКОМ ПРАВЕ
PROBLEMS IN THE FORMATION OF THE INSTITUTION NEIGHBORLY LAW IN RUSSIAN CIVIL LAW

Summary/Abstract: The paper examines problems associated with the formation of the Russian institution of restrictions on property rights in the interests of neighbors (neighbors’ rights). The purpose of the research is to develop a theoretical basis of the category of neighborly (proprietary) law for further improvement of the Russian legislation. The concept of neighboring law is defined as a set of civil law norms establishing the forms of permissible effects of the land owner on the neighboring land plot and their limits, responsibilities of the neighbor to tolerate these effects, as well as norms regulating the relations between neighbors in the event of trespass, including the manner and means of protection. A system of neighbors’ rights is developed and suggested for inclusion in the Civil Code of the Russian Federation. The content of neighbor's rights is justified as the obligation of the land owner not to prohibit any effects from the neighbor to the extent permitted by the law, as well as to demand protection of the violated rights in case of unallowable impact of the neighbor. The ineffectiveness of modern means in the Russian law to protect the rights of neighbors based on public legal regulation is proved. Reasons are given for the need to introduce private legal regulation of the relations between neighbors.

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