OUTBUILDINGS: WHAT IS WRONG WITH THE LEGAL REGULATION

The article is devoted to the study of the concept of outbuildings, which is established in Federal Law No. 217-FZ dated July 29, 2017, “On the Conduct of Gardening and Vegetable Gardening by Citizens for Their Own Needs and on Amending Certain Legislative Acts of the Russian Federation”. The author notes that despite the short period of existence of this legal term (since January 1, 2019), it has already undergone legislative changes twice, which indicates the presence of problems in both theory and practice. It is also argued that the current definition suffers from inaccuracies, both in terms of the general application of the collective term “structures” to sheds, bathhouses, greenhouses, cellars, summer kitchens, and wells, and in terms of their characterization as “utility-related”. Furthermore, the article demonstrates the fallacy of classifying such structures as auxiliary (accessory), which is confirmed by the legal regime of the garden land plot. This regime implies that the construction of such buildings does not necessarily have to be linked to the emergence of other, seemingly more significant objects, such as a residential house or a garden house.