Allocation of a Land Plot in lieu of a fractional share without the lessee’s consent: overcoming the legal divide in the interpretation of Paragraph 5 of Article 14 of the Federal Law «On the Circulation of Agricultural Land»

the article is devoted to examining the interpretation of paragraph 5 of Article 14 of Federal Law No. 101-FZ “On the Circulation of Agricultural Land” in the context of allocating a fractional land share from a leased plot without the lessee’s consent. Based on an analysis of conflicting judicial practice, the study identifies two polar approaches: the formalist approach (treating opposition to amendments of lease terms as grounds for allocation) and the original intent approach (allocation is permissible only upon disagreement with the initial transfer of the land into lease). The research provides a detailed analysis of the legal and economic consequences of each approach, demonstrating how the formalist approach undermines the investment attractiveness of agricultural land, while the original intent approach, although preserving stability, engenders institutional injustice by depriving owners of any realistic ability to dispose of their property. The study concludes that the existing judicial divide stems from ambiguity in the legislative wording and the absence of a unified methodology for legal interpretation.

allocation of a fractional land share, agricultural land, land lessee, lessee’s consent, termination of lease agreement, fractional ownership