Adaptation of borrowed words to Russian morphology. Adaptation of foreign borrowings in the language

INTRODUCTION .................................................. ................................. 2

Chapter 1. Main types and features of land

offenses entailing legal liability of offenders .... 3

1.1 general characteristics legal protection lands................. 3

1.2. The main types and signs of land offenses .......... 4

violation of land law 13

2.1 Administrative and legal liability for violation

land legislation 13

2.2. Criminal liability for violation of land

Legislation................... 15

2.3. Disciplinary and financial responsibility

for violation of land legislation 17

2.4. Land-legal (special) liability

for violation of land legislation 20

Chapter 3. The procedure for bringing offenders to

responsibility and application of sanctions against them 25

Conclusion................................................. ... 28

References: ............................... 29

INTRODUCTION

The topic of the presented work is “Responsibility for violation of land legislation”.

The legal protection of lands, as one of the types of their protection, is a set of legal norms aimed at ensuring rational use land, and the improvement of its natural properties. This is achieved by establishing prohibitions and permissions, rewarding subjects for exemplary actions and punishing offenders.

The need for legal protection of land is enshrined in the constitutional order. In accordance with Art. 9 of the Constitution of the Russian Federation, land and other natural resources are used and protected in the Russian Federation as the basis for the life and activity of peoples.

Land legislation, developing these provisions, determines the rational use and protection of land as one of the main tasks of the legal regulation of land relations.

One of the main methods of legal protection of land is legal liability for violation of land legislation.

Chapter 1

1.1 General characteristics of the legal protection of land.

The Land Code of the Russian Federation provides for the possibility of applying all types of legal liability to violators of land legislation: administrative, criminal, disciplinary, material and special (land legal).

At present, in connection with the adoption of the new Land Code, those land-legal norms that provided for a special procedure for bringing offenders to administrative responsibility have ceased to operate (Article 125 of the Land Code of the RSFSR, Presidential Decree of December 16, 1993 “On measures to strengthen state control over the use and protection of land”), types of offenses and the content of the sanctions applied. In this regard, until the adoption of the relevant land legal regulations, administrative liability for violation of land legislation should be applied in accordance with the current Code of Administrative Offenses (Articles 50-54,61,67, etc.).

Criminal liability for violation of land legislation is provided for in Art. 170, 254, 262 of the Criminal Code of the Russian Federation, and material - articles 24.56 of the Civil Code of the Russian Federation.

Disciplinary responsibility is established by the norms of the Labor Code of the RSFSR.

Special (land-legal) liability is associated with the forced termination of the right to land of persons who have committed certain offenses, and is provided for by the norms of the Land Code of the Russian Federation.

Types of land offenses that entail the application of legal liability of offenders are contained in various legal sources: the Land, Civil, Criminal Codes, the Code of Administrative Offenses. the Law "On the Protection of the Environment" and other regulatory legal acts. They concern the most different sides land relations. It is noteworthy that half of them are associated with violation of environmental requirements for land owners and land users. This is not accidental, because the deterioration of the state of lands and their natural fertility is currently directly related to anthropogenic causes.

1.2. The main types and signs of land offenses.

1. Unauthorized seizure of land. Unauthorized seizure is recognized as possession of a land plot without legal grounds, that is, in the absence of a title document. The category of unauthorized seizure also includes such cases as the use of a provided land plot before its allotment in kind and the issuance of a title document, as well as the use of a land plot by decision (permission) of a body that is not authorized to resolve issues of granting land or made an illegal decision under the influence of malicious actions of interested parties . At the same time, it should be borne in mind that unauthorized seizure is only an offense when it is committed intentionally. Meanwhile, possession and use of land that is not one's own (i.e., without legal grounds) may occur as a result of unintentional actions (ignorance of the boundaries of the site, misconception about the signs of the location of the land, accident, incorrect land indication, etc.). Illegal possession of land in these cases should not be classified as an offense.

2. Unauthorized construction of buildings, structures and other objects. Unauthorized, i.e., without issuing a proper permit, construction may take place on a land plot provided in accordance with the established procedure for these purposes and on an unauthorized seized plot.

In the first case, the offense is not purely land, but only related to land relations, however, it is considered as illegal use of land and is included in the list of land offenses.

In the second case, there are two land offenses at the same time, of which one (unauthorized seizure) is purely land. Responsibility for the guilty person in this case is assigned separately for each of them.

3. Land littering. As a type of offense, it should be distinguished from industrial waste pollution, which refers to harmful by-products production (slag, sludge, salt, etc.). Cluttering should be understood as the transformation of a territory or plot of land into a dump of objects, parts and parts of cars, random things, etc. The degree of clutter and the possibility of classifying it as an offense is determined by the official exercising control or a special commission.

Currently, significant areas of agricultural land are infected with various harmful organisms and substances. The area of land contaminated with emissions reaches 68 million hectares. As a result of an accident on Chernobyl nuclear power plant radioactive substances contaminated more than 2 million hectares of agricultural land in Kaluga, Ryazan, Tula, Oryol, Bryansk regions. Unfortunately, the process of pollution of productive lands is on the rise. In this regard, strict legal liability has been introduced for persons who allow land pollution.

5. Damage and destruction of the fertile soil layer. This type of offense is the result of negligent, mismanaged use of land, as a result of which soils are depleted, overgrown with shrubs, waterlogged, overcompacted, swamped, and lose their main natural quality - fertility. Fact offense and its economic negative significance is determined through special surveys.

6. Designing, placement, construction and commissioning of facilities that adversely affect the state of land, as a special type of land offenses, is not purely land. However, it is considered as such, since the production activities of such facilities cause irreparable damage to the land, especially in the field of agricultural production. Environmental and land legislation prohibits the commissioning of such facilities under the threat of administrative or criminal liability.

7. Violation of the deadlines for the return of temporarily occupied lands and failure to fulfill obligations to bring them into a condition suitable for use for their intended purpose.

Temporarily occupied lands are land plots provided for short-term use (usually for the period of work) for construction, repair, mining and other works. They serve as a place for storing materials, moving pounds, setting up temporary quarries, etc. When necessary, these lands should be restored to their original state with compensation for all losses and returned to their former ownership. In practice, however, it is not uncommon for these lands to be returned in a timely manner or in an unusable condition, which causes significant damage to agricultural production.

8. Distortion of information about the state of land use. It is obvious that in this case we are talking about an official offense, the object of which is information about the land. It is also obvious that this measure of legal liability is imposed only on guilty officials (mainly employees of Roszemkadastr bodies).

9. Violation of the terms for consideration of applications (petitions) of citizens for the provision of land plots and concealment of information about the availability of a free land fund.

In the context of development land reform this official offense, which is of an administrative nature, is associated with significant negative consequences for the normal regulation of land relations and at the same time it may be associated with harm caused by an employee in the performance of his official duties. Obviously, it can serve as a basis for both administrative and material liability at the same time.

10. Destruction of landmarks.

Landmarks in the form of pillars, pipes, mounds (most often - pillars bordered by mounds) are installed at the turning points of the boundaries of land. The destruction of these signs (most often in the process of plowing and other soil cultivation) through negligence or malicious intent is a fairly common offense, serves as the basis for land disputes and is associated with the cost of restoration work.

11. Violation of the approved urban planning documentation during land acquisition.

This offense is associated with non-compliance with the duly approved master plans planning and development of cities and urban-type settlements, as well as projects for detailed development of other settlements, which leads to a violation of the established procedure for the withdrawal, provision and allotment of land.

12. Violation of the established regime for the use of lands of nature conservation, nature conservation, recreational, recreational purposes, other lands with special conditions of use, as well as lands subjected to radioactive contamination.

The offense has an ecological, environmental aspect, expressed in the form of hunting, fishing, destruction of valuable forest species, plowing of land, grazing, other economic activities not related to the designated purpose of these lands. In recent years, this type of land offenses has become widespread, which is associated with a weakening of control in this area by special environmental and law enforcement agencies.

As for the violation of the established regime for the use of lands subjected to radioactive contamination, this type of offense is associated with circumstances Chernobyl accident, as a result of which a vast area was contaminated within the Bryansk, Oryol, Kursk, Tula, Ryazan and Kaluga regions. These territories have special treatment land use, excluding the possibility of infection of people through agricultural products, the violation of which poses a serious danger to human health.

13. Irrational use agricultural productive land.

This indicator of the efficiency of land use, which previously did not have specific features, received specific certainty in the current legislation. Irrational use should be considered such lands, the actual productivity of which over the past 5 years is 20% or more less than the calculated (estimated) obtained from the materials of the cadastral valuation. Therefore, now there is an opportunity to document the fact of the commission of this offense, to eliminate the ambiguity of understanding irrationality, and, therefore, the emergence of disputes. The methodology for establishing the irrationality of land use is still not perfect enough (for example, how to establish the irrationality of the use of hayfields, pastures), however, it gives quite effective tool to prevent and suppress such a phenomenon.

14. Failure to comply with mandatory measures to improve land and protect soil from wind and water erosion and prevent other processes that worsen the condition of soils.

Soil protection from wind and water erosion, as well as improving the quality of land is the responsibility of all land owners and land users (Article 13 of the Land Code of the Russian Federation). The state land cadastre makes it possible to quite definitely establish the level of the qualitative state of lands and their susceptibility to erosion processes. These data are periodically recorded in the title documents of individuals and legal entities and make it possible to establish quite definitely the existence of the mentioned offense, to warn land owners and land users in a timely manner about the signs of an offense and, in extreme cases, to bring them to appropriate legal liability.

15. Use of land for other purposes. The intended purpose of land plots provided to subjects is determined in the process of granting them for ownership or use and is recorded in title documents. The land plot provided to the subject can be used by him only in accordance with the established purpose. The signs of the intended purpose of the site are indicated in its very definition. For example: for agricultural use (for farming, personal subsidiary plots, gardening, animal husbandry, other specific purposes); for non-agricultural use (cottage construction, housing construction, garage construction, construction of other facilities). Deviation from these signs in the process of using the land indicates a committed offense.

16. Use of land plots in ways that lead to damage to land or destruction of soil fertility.

17. Systematic failure to make payments for land.

A sign of regularity is established by law in the form of non-payment of land tax for two consecutive years and non-payment of debts within the next one year, as well as rent within the terms established by the lease agreement.

As a sign of an offense, the law presupposes non-payment of payments. Thus, late payments, although systematic, are not a sign of this offense and cannot serve as a basis for bringing to legal liability.

As for the rent, the procedure and terms for paying it are established by the lease agreement, however, in this case, failure to pay it on the grounds given above should be considered an offense in the wording of this paragraph and, therefore, sufficient grounds for bringing the perpetrators to legal liability.

18. Evasion or untimely execution of orders issued by officials of the bodies exercising state control over the use and protection of land, on the elimination of violations of land legislation.

Officials who have the right to issue binding orders are inspectors of all ranks of the bodies of the Roszemkadastr system. The norm prescribing legal responsibility for this offense is of great importance from the point of view of the legal discipline of the subjects of the right to land and contributes to a significant increase in the role and authority of inspectors for the use and protection of land. According to the meaning of the content of this offense and the norm establishing legal liability for its commission, it follows that it (responsibility) occurs regardless of whether the subject was held accountable for the offense for which the order was made by the official or not. For example, if an order was made to eliminate a violation related to systematic non-payment of land tax, and after the expiration of the period specified in the order it turns out that the offense has not been eliminated, the person guilty of this can be held liable for systematic non-payment of tax (fine or withdrawal of land) , and for failure to comply with the instructions of the inspector on this issue .

Chapter 2. Content of legal liability for violation of land legislation

2.1 Administrative and legal liability for violation of land legislation

Administrative liability is applied in the form of a monetary fine imposed on the offender. Both physical and legal persons may be held administratively liable.

As mentioned above, at present, administrative liability for violation of land legislation is applied in accordance with the norms of the Code of Administrative Offenses. The main ones are the following:

Article 50

The sign of mismanagement is not specified in the article and is practically established by the nature of the deviations of the actual state of land from technological, agrotechnical and regulatory requirements (improper processing, overgrowing with weeds, neglect, etc.) The standard also includes failure to comply with mandatory measures to improve land and protection of soils from wind and water erosion and other processes that worsen the condition of soils, as well as - the use of land plots not in accordance with the purposes for which they were intended.

Article 51. Damage to agricultural and other lands.

The content of this type of offense involves bringing lands to a state where they cannot be effectively used in accordance with their intended purpose due to technologically directed exploitation (for example, over-compacted land, complete weathering of pastures due to an incorrect grazing system) or under the influence of a criminally negligent organization of technology related or related production.

Article 52

Such offenses often occur when land plots are provided for gratuitous fixed-term use for construction needs (for storing goods and materials, constructing temporary roads, quarries, etc.). Such offenses are typical for cases of granting land for state or municipal needs, especially for mining purposes.

Article 53

The content of this offense is non-compliance with the elements of the territorial organization established by the project: the boundaries of working plots, crop rotation fields, field road network etc. This type of offense can also include non-compliance with agrotechnical and environmental requirements established by the land management project: non-compliance with anti-erosion methods of plowing, sizes of water protection zones, etc.

Article 54

This offense is connected with the content of Art. 53 of the Code of Administrative Offenses, because the destruction of boundary marks contributes to the violation of the linear elements of the on-farm land management project - the boundaries of crop rotation fields, pasture rotations, etc.

Penalties for these offenses are imposed by the administrative commissions of the local bodies of Roskomzem, Goskomekologiya and Gossanepidnadzor. The imposition of fines does not exempt the perpetrators from the elimination of the violations committed. In cases where the amount of the imposed fine does not exceed 5, 10 and 20 minimum wages, respectively, for citizens, officials and legal entities, cases of offenses are considered with the adoption of final decisions by state inspectors for the use and protection of land of Roskomzem bodies.

2.2. Criminal liability for violation of land legislation

Criminal offenses include such illegal actions of individuals that represent a public danger. From this point of view, criminal liability for violation of land legislation occurs in cases of such socially dangerous actions as encroachment on the established land legal order. The legislation sees the possibility of such signs in any of the offenses listed in paragraph 2 of this chapter, when the signs of criminal acts will be established by the bodies of inquiry, preliminary investigation and the court (letter from Roskomzem dated April 13, 1994 “On issues of criminal liability for unauthorized seizure of land”).

The Criminal Code of the Russian Federation contains a number of articles providing for criminal liability for the following types land crimes:

registration of obviously illegal transactions with land, distortion of registration data of the state land cadastre, deliberate underestimation of payments for land (Article 170 of the Criminal Code of the Russian Federation);
poisoning, pollution or other damage to the land by harmful products economic activity or other activities due to violation of the rules for handling fertilizers, plant growth stimulants, pesticides and other hazardous chemical or biological substances (Article 254 of the Criminal Code of the Russian Federation);
violation of the regime of specially protected natural areas and natural objects(Article 262 of the Criminal Code of the Russian Federation),

For the commission of these offenses, offenders are punished with a fine in the amount of 100 to 500 times the minimum wage, or deprivation of the right to hold certain positions or engage in certain activities for up to three years.

Under certain circumstances, specified in the articles themselves, the possibility of punishment by corrective labor or imprisonment for a certain period is provided.

In addition to the cases of criminal liability mentioned above, land offenses related to arbitrariness and abuse of office by officials are also subject to criminal prosecution. So, by a letter dated 10/18/95 "On the procedure for transferring materials on violation of land legislation to the prosecutor's office", signed by the deputy Attorney General RF V.I. Davydov, Deputy Chairman of Roskomzem S.L. Gromov, local bodies of the Roskomzem system are instructed to: send to the prosecutor's office within 10 days from the date of the administrative commissions' decisions materials on the revealed facts:

unauthorized seizure of land;
land damage;
arbitrariness;
abuse of office and other gross offenses by officials and authorities and administration;
other offenses, in accordance with the law.

If arbitrariness is understood as actions committed in violation of the procedure established by law, then this means that any actions of subjects that do not comply with land legislation can be prosecuted, provided that the signs of criminal acts in them are established by the bodies of inquiry or by the court. The same should be said about the excess of their powers by officials and authorities. The list of such offenses is not exhaustive. Any violation of the land legislation may serve as an object of criminal prosecution, if the sufficiency of this is established by the bodies of inquiry.

2.3. Disciplinary and material liability for violation of land legislation

Violation of land legislation may be committed by an official in the performance of his official duties. This refers to cases where the norms of labor discipline of an employee are at the same time the norms of land legislation, and their violation is also a violation of labor discipline. In such cases, disciplinary measures are taken. Disciplinary responsibility is regulated by labor law.

The following types of disciplinary sanctions are provided for: reprimand, reprimand, severe reprimand, transfer to a lower paid job and, as a last resort, dismissal from work. The penalty is imposed by declaring in the order the administration of the enterprise where this official works.

A disciplinary sanction is applied no later than one month from the day the offense was discovered and six months from the day it was committed. In cases where a disciplinary offense is associated with causing material damage, material liability may also be applied to the employee at the same time.

Material (civil law) liability is a special type of legal liability associated with the need to compensate for material damage as a consequence of an offense. All cases of material damage can be divided into two groups:

Illegal actions that are not transactions with land include such land offenses as the destruction of the fertile soil layer, littering, pollution with harmful and radioactive production waste, infection with bacterial and quarantine organisms and diseases, failure by the subjects of measures to combat soil erosion, to protect and improve land, design, placement, construction and commissioning of facilities that adversely affect the quality of land. The damage is expressed in a direct deterioration or reduction in the productive qualities of the land or other objects directly and firmly connected with it (destruction or reduction of soil fertility, destruction of crops, perennial plantings, damage or destruction of buildings, etc.).

According to land legislation, persons guilty of committing offenses that caused damage are obliged to compensate it in full, including lost profits. The nature of compensation is determined by specific circumstances or by agreement of the parties: bringing the damaged areas into a condition suitable for their intended use, restoration of damaged structures, monetary compensation or other types of compensation.

When determining the specific amount of damage, one should be guided by the norms of civil legislation, taking into account the norms of land and other special legislation, as well as taking into account the specific circumstances of the offense.

Land offenses can be expressed in the form of illegal transactions made in violation of the requirements of the law. Such transactions are considered invalid. Signs of invalidity of transactions with property (including land) are established by civil law (Articles 153-181 of the Civil Code of the Russian Federation). In land relations, any of those indicated in Art. this list of the transaction, since the land is an object of immovable property. Signs of invalidity of transactions with land also have general character(transactions made not in accordance with the requirements of the law; transactions made under the influence of deceit, threats, violence, etc.). The procedure for material liability of persons guilty of making invalid transactions with land is also regulated by the norms of civil law. The main provisions of this order are as follows:

1 If the actions of the parties to an invalid transaction are not recognized as intentional, and the consequences of its commission do not violate the rights of third parties or do not affect their legitimate interests, then by; current rule each of the parties returns to the other party everything received under the transaction, and if it is impossible to return in kind - to reimburse the monetary value of the received.

2 If actions are seen in an invalid transaction that are deliberately aimed at violating the rights and legitimate interests of third parties, and the actions of one party are recognized as intentional, then this party returns to the other party everything received under the transaction, and what the latter received is recovered in state revenue.

3 If in invalid transactions made with the aim of violating the rights and legitimate interests of third parties, the actions of both parties are intentional, then the income received from the transaction by both parties is recovered to the state revenue.

2.4. Land-legal (special) liability for violation of land legislation

In the list of grounds for termination of rights to land, the legislation provides for the possibility of forced seizure of land plots from land owners and land users in connection with their violation of land legislation. Since the termination of the right to land in these cases has the character of sanctions for non-compliance by the relevant subjects with the requirements of the law, it is legitimate to speak of it as a special type of legal liability. In the land-legal sphere, it is called special land-legal liability. It is a forced seizure of land from land owners and land users for committing certain illegal actions or for inaction, entailing negative consequences.

The legislation delimits the grounds and procedure for the forced seizure of land from land owners and land users, since they differ significantly both in content and in procedure. The only thing that is common is that the forced seizure of land plots is possible only by a court decision.

Withdrawal of land plots from owners for land offenses is regulated by the norms of Art. 235 of the Civil Code of the Russian Federation. It has been established that the forced seizure of a land plot from the owner is possible in the following cases:

Foreclosure on a land plot for obligations (Article 237);

Alienation of a plot, which, by virtue of the law, cannot belong to this person by right of ownership (Article 238);

Land confiscation;

Seizure of land used in violation of the law.

Foreclosure on a land plot may take place as a sanction for failure to fulfill obligations under a land pledge agreement. In this case, the ownership of the land passes to the mortgagee to the extent that its value is sufficient to pay off the debt.

Land legislation establishes a number of prohibitions on the right private property to the ground. In particular, plots of the forest fund, specially protected territories, lands common use in settlements etc. Failure to comply with this requirement of the law entails the forced seizure of the land.

Confiscation of a land plot is a gratuitous seizure of it from the owner in the form of a sanction for committing a crime and is provided for by Art. 58 ZK RF. It can only be done by a court order.

Withdrawal of a land plot, which is on the right of private ownership, in connection with a violation by the owner of land legislation, can be carried out in the following cases provided for by law (Article 285 of the Civil Code of the Russian Federation):

irrational use of land, i.e. when the use of the site is carried out with a gross violation of the rules for rational use;
the use of the land plot is not in accordance with the established purpose and permitted use;
use of a land plot by methods that lead to a significant decrease in soil fertility, or to a significant deterioration environmental situation in this locality.

Compulsory withdrawal of a land plot that is on the right of perpetual (permanent) use is carried out according to the rules provided for in Art. 45 and 54 RF LC. The following cases of withdrawal of land plots are envisaged:

1) in case of use of the land plot not in accordance with the established purpose and permitted use;

2) when using a land plot by methods that lead to a significant decrease in soil fertility, or to a significant deterioration of the environmental situation in the area;

3) in case of failure to eliminate the following intentionally committed offenses:

Poisoning, pollution, damage or destruction of the fertile soil layer due to violation of the rules for handling mineral fertilizers, pesticides and other hazardous chemical or biological substances resulting in harm to human health or the environment;

Violation of the regime established by law for the use of specially protected natural areas, especially valuable lands, other lands with special conditions of use, as well as lands subjected to radioactive contamination;

Systematic failure to implement mandatory measures to improve land, protect soil from wind and water erosion and prevent other processes that worsen the condition of soils;

Systematic non-payment of land tax.

In case of non-use of a land plot intended for agricultural production, housing or other construction for the specified purposes within three years, unless a longer period is established by federal law. Periods associated with natural disasters or other circumstances precluding the possibility of such use may be excluded from this period.

In all cases, the decision to terminate the rights to a land plot is taken by the court.

The conditions and procedure for the forced seizure of a land plot from persons who are not its Owners, in connection with their violation of land legislation, are established by Art. 54 ZK RF.

Upon detection of an offense sufficient to initiate a case on seizure of a land plot, the body (or person) exercising state land control imposes an administrative penalty on the offender in the form of a fine in the prescribed manner. Simultaneously with the imposition of a penalty, a warning is issued to the offender about the committed land offenses, indicating the period during which the land offense must be eliminated. The offender must be warned about the possible forced seizure of the land in case of failure to eliminate the land offense.

The authority competent to provide and withdraw land must be notified about the warning of the offender and the content of the offense.

A person guilty of an offense must receive the necessary explanations regarding his rights in the event of initiating a procedure for terminating rights to a land plot.

If the offense is not eliminated, within the period specified in the warning, the body that issued the warning draws up and sends materials on the termination of the right to a land plot to the body that has the competence to provide and withdraw land plots, which decides on sending materials to the court.

The decision of the court to terminate the right to a land plot may be appealed to higher courts within ten days, after which executive agency state power or body local government sends to the body of state registration of rights to real estate and transactions with it an application for state registration of the termination of the right to a land plot.

Withdrawal of a land plot in connection with a violation of land legislation is carried out without compensation to the offender of the cost of the land and losses associated with the withdrawal. At the same time, the termination of the right to a land plot does not exempt persons guilty of violating land legislation from compensation in accordance with the established procedure for the cost of the harm caused by the offender.

Chapter 3. The procedure for bringing offenders to justice and applying sanctions to them

In accordance with current procedure(clause 11 of the Regulations on the procedure for exercising state control over the use and protection of land) the right to bring to administrative responsibility and impose fines for violation of land legislation is granted to local authorities Federal Service land registry, the Ministry natural resources. Ministry of Health, State Committee for Construction and Housing and Communal Services. This norm establishes the limits of the competence of each of the listed bodies. For example, local committees land resources and land management impose fines for unauthorized occupation of land; littering them, spoiling and destroying the fertile soil layer; design, placement and construction of facilities that adversely affect the state of land; distortion of information about the land; violation of the deadlines for the return of occupied lands and failure to fulfill obligations to bring them into a condition suitable for use for their intended purpose; for violation of the terms of consideration of citizens' applications for the provision of land plots and concealment of information about the availability of free land; for the destruction of landmarks.

The district committee inspector for the use and protection of land does not have the right to independently make decisions regarding the imposition of a fine. He submits the materials to the administrative commission of the district committee, which considers them in the prescribed manner and makes a decision to impose a penalty.

The decision to impose a fine may be appealed to a court within ten days, the decision of which is final.

The decision on the fine shall be executed within fifteen days. In case of non-payment of the fine within the specified period, the collection of funds in the amount of the fine from legal entities is carried out in an indisputable manner. Recovery of fines from citizens and officials, as well as from foreign and international organizations made in a court of law. Funds from fines for violation of land legislation are received (when they are imposed by the authorities of Roszemkadastr) for the formation of special monetary funds of committees on land resources and land management or (when fines are imposed by other bodies) - for the formation of off-budget environmental funds.

Conclusion.

Legal liability for violation of land legislation is a system of coercive measures applied to individuals or legal entities in the event of their misconduct as subjects of land rights. Coercive measures may have the character of preventing and suppressing the unlawful behavior of subjects or punishing them for committing such actions. The basis for liability in each case is an offense, i.e. a specific action or inaction that is contrary to the requirements of land legislation.

Persons guilty of committing land offenses are held accountable in the manner prescribed by law.

Bibliography:

Bogolyubov S.A. Protection of environmental rights. - M., 1996.
State control over the use and protection of land. Roskomzem. - M., 1996.
Land law of Russia. / Ed. V.V. Petrov. - M., 1997.
Land law. / Ed. prof. V.Kh. Ulyukaev. - M., 2002.

Responsibility for violation of land legislation is effective method incentives for the population in order to comply with the norms and requirements of the current legislation. Also legal. responsibility is focused on the prevention and prevention of various kinds of crimes in the field of land relations between citizens among themselves, citizens and the state. The liability in question is applied and assigned to a person only in cases where the corpus delicti falls under the norms of modern land law.

Existing types of liability for violation of land legislation:

Criminal liability for violation of land legislation. It is imposed when a crime is committed in the course of which there was an encroachment on the current legal order. As a result, society, the entire population or individuals may be in danger.
Administrative liability for violation of land legislation. It is imposed on the accused when the committed offense does not fit the conditions of criminal prosecution.
Civil. It is imposed when, due to committed actions with the land, they harmed the constitutional legal rights and the interests of citizens, directly to the lands themselves, participants in the land lease process, land owners and their users.
Disciplinary legal liability for violation of land legislation. To this species government officials and employees are involved. organizations, through the fault of which there were crimes with the land. Also, if this category of officials and employees of the state. organizations improperly exercised their own powers, the entire structure is responsible.

Responsibility for violation of land legislation is also imposed in the form of certain sanctions, which are divided into several groups:

Punitive. This includes fines, land acquisition.
Compensatory. This group of sanctions implies compensation for harm.
Rights restoration. This implies the return of illegally occupied property, the restoration of property, and so on.

Agricultural land

If legal liability for violation of land legislation is considered, it is necessary to mention such a concept as agricultural land.

Under this category of land suitable areas used to meet the needs Agriculture our country. The peculiarities of the lands of the described category include the fact that they are a means for obtaining vital food, agricultural raw materials, and so on. Thus, agricultural land is the basic means of production in agriculture.

Agricultural lands are subdivided into several categories: inconveniences (lands inconvenient for crop production, cattle breeding, and so on); land for the placement of agricultural facilities; land (lands necessary for certain agricultural purposes).

At the moment, there are a number of restrictions that establish some requirements for transactions, the main subject of which is land:

If the lands have been contaminated with toxic chemicals or biogenic pollution, they are excluded from circulation.
You cannot make transactions with property that is provided by the state or private individuals for temporary use.
After the use of the provided lands, their quality should constantly increase, and not deteriorate.

If one of the listed points has been violated, administrative liability for violation of land legislation or other types is automatically imposed, based on the crime committed.

Today, those who have the pre-emptive right to purchase and receive land are singled out on the market. Today it is the subjects of the country and municipal organizations. Their rights are given a special place, if a private person and a municipal organization apply for a plot, a second plot will be provided.

A question of size

The current legislation establishes a number of points regarding the size of land that can be involved in various transactions, including purchase and sale transactions. It is impossible to conclude transactions if, as a result, new plots will be formed, which in area will be less than the minimum allowed.

The maximum size of a private plot is also calculated. For legal entities, there is currently no maximum size of the plot.

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Criminal liability is applied when such offenses are committed, which are qualified as crimes. A land crime is a guilty committed, socially dangerous act, prohibited by criminal law under the threat of punishment. Criminal liability for land crimes is applied in accordance with the Criminal Code of the Russian Federation.

The subjects of criminal liability can only be individuals, who in criminal law are divided into two groups - citizens and officials. Measures of criminal liability are applied only in court in accordance with the criminal procedure legislation. The decision of the court is preceded by an investigation by law enforcement agencies. The accusation made by the court serves as the basis for applying criminal sanctions to the offender. Penal sanctions applicable to violators of land laws include a fine calculated in relation to the minimum wage, compulsory or corrective labor, restriction or imprisonment. The involvement of a person guilty of committing a land crime does not relieve him of the obligation to eliminate the committed offense and compensate for the harm caused.

The current Criminal Code provides for five elements of land crimes. According to Art. 167 of the Criminal Code, criminal liability arises for the deliberate destruction or damage of another's property, if these acts caused significant damage. Given that land is recognized as property, this article applies to actions aimed at destroying or damaging land. Destruction means bringing a land plot completely unsuitable for its intended use or a significant deterioration in its condition. A mandatory sign of this offense is the onset of serious consequences: a significant deterioration in the quality and condition of land, the elimination of which requires a long time, large financial and material costs, the destruction of individual natural objects, land degradation and other negative changes that prevent their conservation and lawful use.

Article 168 of the Criminal Code provides for criminal liability for the destruction or damage of another's property through negligence in the presence of aggravating circumstances. An aggravating circumstance in this case is the infliction of damage on a large scale as a result of the commission of the offense. The amount of damage is recognized as large if it is 500 times the minimum wage.

Registration of obviously illegal transactions with land, distortion of registration data of the state land cadastre or deliberate underestimation of payments for land entails the application of criminal liability measures under Art. 170 of the Criminal Code. A prerequisite for qualifying such actions as a crime is their commission by an official out of selfish or personal interest using his official position.

Article 179 of the Criminal Code establishes criminal liability for coercion to conclude a transaction or refusal to complete it under the threat of violence, destruction or damage to someone else's property. This article applies to actions for the commission of any transactions permitted by civil and land legislation. Article 254 of the Criminal Code establishes criminal liability for sending, polluting or otherwise damaging land with harmful products of economic or other activities due to violation of the rules for handling fertilizers, growth stimulants, pesticides and other hazardous chemical or biological substances during their storage, use and transportation, resulting in harm to health person or the environment. The same actions committed in the zone ecological disaster or emergency environmental situation or entailed by negligence the death of a person, entail more severe penalties.

The procedure for handling hazardous products and substances is established by regulations, as Federal Laws of July 19, 1997 No. 109-FZ "On the Safe Handling of Pesticides and Agrochemicals", of June 24, 1998 No. 89-FZ "On Production and Consumption Waste", as well as by-laws, departmental instructions and rules. Spoilage means partial or complete destruction of the fertile soil layer as a result of intentional or careless actions and is expressed in the loss of physical and chemical properties soils and declining land values.

Little is known about the practice of prosecution for land crimes. In general, there is a skeptical attitude towards environmental crimes that are not considered socially dangerous. Therefore, when facts of land pollution are discovered, preference is given to the application of measures of administrative and civil liability. Identification of other land crimes is quite difficult, which creates a high latency of this kind of illegal actions.

Termination of land rights for improper use

For violation of certain requirements of land legislation, expressed in the improper use of the provided land plot, the application of such a sanction as the forced termination of the right to such a land plot is envisaged.

Inappropriate use includes:

use of a land plot not in accordance with the intended purpose and permitted use established for the relevant categories of land (non-purpose use);

use of a land plot in ways that lead to a significant decrease in the fertility of agricultural land or a significant deterioration of the environmental situation (irrational use);

non-use of a land plot provided for agricultural production, housing or other construction for the indicated purposes for three years or a longer period, if this is provided for by federal law, except for the time during which the land plot could not be used for its intended purpose due to for natural disasters or other circumstances excluding such use;

failure to eliminate the following offenses committed intentionally:

damage to the earth;

violation of the regime for the use of lands of specially protected territories and other valuable lands;

systematic non-compliance with mandatory measures to improve land, protect against degradation;

systematic non-payment of land tax.

The forced termination of rights to land plots is provided as a special measure of influence on the behavior of owners, owners, users and tenants of land plots in order to ensure stable and proper land use, taking into account the characteristics and special social, economic and ecological role earth.

Forced termination of rights to land plots is applied as an additional sanction after or simultaneously with the application of measures of administrative or criminal liability. For example, a decision to withdraw a land plot from the owner or user for improper use of the land plot can only be made after the imposition of an administrative penalty in the form of a fine in accordance with Art. 8.8 of the Code of Administrative Offenses. In case of damage to the land, if this act is qualified as a crime, the court, when considering a criminal case, may simultaneously make a decision on the seizure of the land plot.

The right of private property, lifetime inheritable possession, permanent (unlimited) use, lease, gratuitous fixed-term use may be terminated by force, although the grounds and procedure for termination in each case differ.

The right to private property may be terminated as a sanction for committed crime or gross violation land legislation, expressed in the improper use of a land plot, in the manner of criminal proceedings or after the imposition of an administrative penalty in the manner prescribed by the Land Code. In criminal proceedings, the right to private property is terminated by confiscation of a land plot, i.e. free of charge. Confiscation is carried out only by a court decision on the claims of state or municipal bodies empowered to seize land plots.

After the imposition of an administrative fine, the land plot is confiscated from the owner by decision of the state authority or local government authorized to make decisions on the withdrawal of the land plot, if the owner has notified the relevant authorities of his consent to the withdrawal in writing. In case of his disagreement, state or municipal bodies have the right to demand the withdrawal of the land plot in court. In these cases, the land plot is subject to sale, i.e. is redeemed, and the value received from the sale is compensated to the owner.

The right to seize land belongs to the authorities that provided such plots, although the procedure that would allow tracing the fate of the seized land is not known to the end. For example, in whose ownership - the Russian Federation, constituent entities of the Russian Federation or local self-government bodies, land plots will pass, given that in accordance with the Land Code of the RSFSR of 1991, most land plots were provided by decision of local governments, regardless of the form of ownership, Yes, and she herself state property was largely not demarcated at all. However, within the meaning of the LC 2002, the forcibly withdrawn land plot must return to the original owner, and decisions on withdrawal, as well as on the provision of a plot for each form of ownership (federal, subject, municipal), can only be made by the corresponding owner.

In accordance with Art. 214 of the Civil Code, land plots not owned by citizens or legal entities are state property. However, as such, it does not legally exist, and in relation to state property, the property delimitation regime established by the Federal Law of July 17, 2001 No. 101-FZ “On the delimitation of state ownership of land” applies. Possible Solution this problem can be a formula according to which the land plot, regardless of the body that made the decision to provide it, after the withdrawal is transferred to state property, and then, in accordance with the delimitation procedure, it is recognized as federal, subject or municipal property. The same problem can arise with the forced seizure of land from owners and users for improper use.

The legitimacy of administrative decisions on compulsory seizure is also not clear enough, even with the voluntary consent of the owner. In accordance with Art. 35 of the Constitution of the Russian Federation, citizens and organizations cannot be deprived of their property, which includes a land plot, except by a court decision.

Special conditions apply for the forced termination of ownership of a land plot from agricultural land. So, the application to the court in this case is sent by the state authority of the constituent entity of the Russian Federation or local governments. The confiscated land plot goes into the ownership of the subjects of the Russian Federation or municipal property, respectively. At the same time, forced withdrawal is possible if the improper use of the land plot has caused environmental damage, including land as a natural object.

Forced termination of the right of permanent (perpetual) use, lifelong inheritable possession and gratuitous fixed-term use for improper use is carried out in all cases without compensation for the value of the land plot and mainly in an administrative manner. Judicial procedures are applied only in case of non-elimination of land offenses after a warning about a possible withdrawal. With regard to gratuitous fixed-term use, if the land plot was provided for one year, its non-use within three years cannot be the basis for withdrawal.

In accordance with the administrative procedure established by the Land Code for bringing to responsibility, when an offense is detected, the state land control authorities impose an administrative fine and at the same time issue a warning to eliminate the committed offenses within the time period established for this. The warning also contains an indication of the possible forced termination of the right to a land plot if the offense is not eliminated. If the offense has not been eliminated within the prescribed period, then the state land control bodies send materials to the bodies authorized to make decisions on the forced withdrawal of a land plot, which, on the basis of the materials received, send an application to the court for the termination of the right to a land plot.

The right to lease, unlike other rights to land, is terminated on the same grounds, but only at the initiative of the lessor. It is noteworthy that in order to withdraw a land plot from a tenant, only the law is sufficient as a basis (Article 46 of the Land Code), and the landlord may terminate the right to lease for improper use, even if such conditions of use were not provided for in the lease agreement. The land legislation establishes restrictions on the termination of the right to lease, which is not allowed during the period of field agricultural work and in other established federal laws cases.

Termination of the right to a land plot is subject to state registration and may be appealed in court. When the rights to a land plot are terminated, its main intended purpose is retained. When an agricultural land plot is withdrawn, the land plot is transferred to the land redistribution fund (Article 80 of the Land Code). Forced seizure of a land plot does not relieve the offender from compensation for the harm caused.

57. Criminal liability for violation of land legislation

This type of legal liability for violation of the requirements of land legislation occurs when such land offenses are committed that encroach on the established land legal order and pose a danger to society, the state or individuals.
Criminal liability is applied for two types of crimes committed in the sphere of land and legal relations: registration of illegal transactions with land (Article 170 of the Criminal Code of the Russian Federation).
This composition also implies a distortion of the registration data of the State Land Cadastre of Russia, as well as a deliberate underestimation of payments for land. The objective side of the crime implies three actions, the commission of any of which will be enough to bring the perpetrator to criminal liability.
The generic object of the crime is economic activity, and the specific object is established order registration.
The subject of this crime is an official who uses his official position in the commission of a crime. The subjective side is expressed in the form of direct intent and involves selfish or other personal interest. official.
This type of crime is punishable either by a fine (in the amount of one hundred to two hundred minimum wages or in the amount of the salary or other income of the convicted person for a period of one to two months), or deprivation of the right to hold certain positions or engage in certain activities (for up to three years) or compulsory works (for a period of one hundred twenty to eighty hours); damage to the land (Article 254 of the Criminal Code of the Russian Federation).
In accordance with this article, the objective side of the crime can be expressed both in the form of action and inaction and manifests itself in the form of poisoning, pollution or other damage to the land by harmful products of economic or other activities due to violation of the rules for handling fertilizers, plant growth stimulants, pesticides and other dangerous chemical or biological substances during their storage, use and transportation. An obligatory sign of the objective side of a crime is the infliction of harm to human health or the environment and the causal relationship between the harm done and the unlawful act committed. Damage to human health can be varying degrees gravity.
The object of the crime is the environment natural environment, environmental safety.
The subject is a physically responsible person who has reached the age of sixteen and carries out economic or other activities related to the handling of fertilizers, plant growth stimulants, pesticides and other hazardous chemical or biological substances.
The subjective side of the crime is characterized by guilt in the form of indirect intent.
Poisoning, pollution or other damage to land is punishable by a fine (in the amount of two hundred to five hundred minimum wages, or in the amount of the wage or salary or other income of the convicted person for a period of two to five months), or deprivation of the right to hold certain positions or engage in certain activities (for a term of up to three months). years), or correctional labor (for up to two years).
The same acts committed in a zone of ecological disaster or in a zone of ecological emergency shall be punishable by restraint of liberty for a term of up to three years or by imprisonment for the same term.
In addition, the acts provided for by Art. 254 of the Criminal Code of the Russian Federation, which negligently caused the death of a person, are punishable by imprisonment (for a term of two to five years).