Public Interest as a Criterion for Making Decisions on Compulsory Sale or Alienation of Residential Property (As Illustrated by the Legislation of the Republic of Belarus)

Abstract

The author analyzes the correlation of private interest of the residential property owner and public interest when making a decision on compulsory alienation of the residential property or a decision on compulsory sale of the residential property. Having considered and analyzed the legislation of the Republic of Belarus, legislative and regulatory compliance practices, and scientific findings on this issue, the author concludes that the concept of “public interest” is vague and it is necessary to reconsider the concept of “social property relations” to protect the interests of the residential property owner and prevent the violation of the property inviolability principle and the right to housing.