Certain aspects of administrative liability for violations in the land area
DOI:
https://doi.org/10.31548/law2020.02.016Abstract
The article explores the issue of administrative responsibility for violations in the field of land relations. It is emphasized that the current situation with the regulation and protection of public relations regarding land use and disposal is still far from ideal. It is emphasized that responsibility for violation of land legislation is an integral component of legal support for the rational use and protection of land, restoration of violated rights of subjects, including the prevention of committing land offenses.
Attention is drawn to the fact that the current situation with the land market in Ukraine, namely the future process of lifting the moratorium on the sale of agricultural land may cause abuses and offenses in this area, and therefore the question of the application of administrative liability for violations in the field of land relations.
It is summarized that the main breach of the legislation is the fact that the main punishment for the offense in the field of land relations is a fine in the form of a fine, which in the conditions of today, when the process of possible lifting of the moratorium on the sale of agricultural land was initiated (Verkhovna Rada of Ukraine reading the Draft Law «On Amendments to Certain Legislative Acts of Ukraine on the Circulation of Agricultural Land») is a rather liberal type of administrative penalty.
The absence of a legislative definition of the concept of an offense in the field of land relations (land offense), necessitates the existence of such an understanding as a public dangerous, guilty and unlawful act, which is committed by a tortious person, who by his actions or omission violates the requirements of the applicable land legislation Ukraine is responsible for administrative offenses.
In this regard, the legislator needs to review the measures of administrative responsibility for violations in the field of land relations in the form of possible establishment of public works, confiscation or temporary deprivation of the right to use the land.
Keywords: land, land offenses, administrative liability for land offenses, legal liability
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