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私人财产权保护是西方国家宪政的基础,也是各国宪政的重要内容。俄罗斯同样将私人财产权作为宪法权利加以规定,同时规定了公共利益目的之下的土地征收,以此谋求私益保护与公共利益的平衡。但土地征收入宪的本质不仅在于限制私人财产权,更在于避免政府权力的滥用,并最终达成保护私权之目的。俄罗斯土地征收制度的设计如同其他任何法律制度一样,有其黯然之处,但也有璀璨的光点。其征收制度中决议程序的法定与公开、司法程序的救济以及充分的征收补偿对私人财产权提供了相对可靠的保障。土地所有人的事先同意更是体现了对当事人意愿的尊重,贯彻了私法自治精神。
The protection of private property rights is the foundation of constitutional government in western countries and an important part of constitutional government in all countries. Russia also stipulates the private property rights as constitutional rights and at the same time stipulates the expropriation of land under the purpose of public interest so as to strike a balance between the protection of private interests and the public interest. However, the essence of land acquisition into the Constitution not only lies in the restriction of private property rights, but also to avoid the abuse of government power, and ultimately achieve the purpose of protecting private rights. The design of the Russian land expropriation system, like any other legal system, is depressing, but it also has a bright spot. The legal procedures and openness of the resolution process in its collection system, the relief of judicial procedures and the full expropriation and compensation provide relatively reliable protection for private property rights. The prior consent of the landowners reflects even the respect of the wishes of the parties and implements the spirit of self-government of private law.