Legal encyclopedia. The letter O

RESPONSIBILITY FOR OFFENSES IN THE PROTECTION AND PROTECTION OF LAND

A land crime is a negative social phenomenon, the result of which is an encroachment on the existing land legal order in the state, the purpose of which is to ensure the rational use and protection of land, the protection of persons using land.

Land violation is a socially dangerous guilty action or inaction violating the norms of land legislation.

For violation of land legislation provides for criminal, administrative or disciplinary liability.

Attraction of a person guilty of committing land crimes to criminal or administrative responsibility does not release this person from the obligation to eliminate the committed land violations and to compensate for the harm caused by them.

Subjects of land violations can be both Russian and foreign citizens and legal entities, stateless persons. The subject is liable only if his conduct is recognized by the law as unlawful.

The basis of responsibility is the existence in the law of an instruction on the application of measures of responsibility for unlawful conduct.

Types of administrative offenses:

1) unauthorized occupation of the land plot or its use without legal documents that are formalized in accordance with the established procedure for land, and, if necessary, without documents authorizing the implementation of economic activities;

2) destruction of landmark boundaries of land plots;

3) unauthorized occupation of the land plot of the coastal protective strip of the water body, the water protection zone of the water body or the sanitary protection zone of drinking and household water supply sources;

4) unauthorized occupation of a forest fund plot or a forest plot that is not part of the forest fund;

5) unauthorized assignment of the right to use land, a forest fund plot, a forest plot not included in the forest fund, and also an unauthorized exchange of land or the above-mentioned plots;

6) illegal allocation of land on specially protected lands for historical and cultural purposes.

7) spoilage of lands - unauthorized removal or transfer of the fertile soil layer, its destruction, including damage to lands as a result of violation of the rules for handling pesticides and agrochemicals;

8) failure to fulfill the obligations to bring land to a state suitable for use for the intended purpose;

9) the use of lands not for the intended purpose, failure to comply with mandatory measures to improve and protect the soil;

10) violation of the procedure for granting for use and the regime for the use of land plots in water protection zones and coastal strips of water bodies;

11) destruction or damage of hayfields and pastures, meliorative systems, as well as roads on the lands of the forest fund or in forests that are not part of the forest fund;

12) carrying out land reclamation works with a violation of the project;

13) plowing of land, mowing grass, grazing, cutting or damage to plantations, removing turf or excavating soil, dumping debris, snow or draining sewage, industrial, land reclamation or sewage into drainage structures or reserves on the roadway, building utilities , The installation of outdoor advertising, road signs and signs or the placement of road service facilities without coordination with the road authorities, as well as the construction of a fire on the right-of-way and closer to 100 m from wooden bridges or smoking on bridges with wooden decks;

14) violation by land users of rules for the protection of highways or road structures;

15) violation of the time limits for considering applications (applications) for the provision of land plots;

16) non-observance of the procedure for state registration of rights to real estate or transactions with it (including land plots).

For all these types of violations in the field of protection and use of land, the Code of Administrative Offenses provides for administrative

Responsibility in the form of a warning or imposition of a fine. The right to apply administrative punishment is available to the bodies of the Federal Service of the Land Cadastre, the Ministry of Natural Resources of the Russian Federation, sanitary and epidemiological supervision bodies

Ministry of Health of the Russian Federation and the court.

Types of offenses for which a criminal

a responsibility:

1) registration of illegal transactions with land - registration of knowingly illegal transactions with land, distortion of the registration data of the state land cadastre, as well as deliberate underestimation of payments for land, if these acts are committed out of self-interest or other personal interest by an official using his official position;

2) damage to the ground - poisoning, pollution or other damage to the land by harmful products of economic or other activity due to violation of the rules for handling fertilizers, plant growth stimulants, pesticides and other dangerous chemical or biological substances during storage, use and transportation, which caused damage to human health Or the environment.

The RF Land Code provides for the possibility of applying disciplinary measures for violation of land legislation.

Officials or employees of organizations guilty of land crimes are disciplined in cases where, as a result of improper performance of their official or work duties, the organization has incurred administrative responsibility for the design, placement and commissioning of facilities that have had a negative impact on the state of land , Their contamination with chemical and radioactive substances, industrial waste and wastewater.