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Land law. Legal liability for land violations (most important)

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57. LEGAL RESPONSIBILITY FOR LAND OFFENSES

Administrative and criminal liability for land violations. Persons guilty of committing land offenses shall bear administrative or criminal liability in the manner prescribed by law. According to the Code of Administrative Offenses of the Russian Federation, an offense is an unlawful, guilty (intentional or negligent) action or inaction of an individual or legal entity, for which the legislation provides for administrative liability. Administrative liability occurs if violations by their nature do not entail criminal liability in accordance with criminal law. The Criminal Code of the Russian Federation provides for crimes related to land relations. For example, in Art. 254 of the Criminal Code of the Russian Federation "Spoilage of the earth" provides for liability for poisoning, pollution of the earth with harmful products due to violation of the rules for handling fertilizers, plant growth stimulants, pesticides and other hazardous chemical or biological substances during their storage, use and transportation, resulting in harm to human health or the environment environment.

Bringing a person guilty of committing land offenses to criminal or administrative responsibility does not relieve him of the obligation to eliminate the committed land offenses and compensate for the damage caused.

Civil liability expressed in compensation for losses, harm, etc.

Losses caused by violation of the rights of land owners, land users, land owners and tenants of land plots are subject to compensation in full, including lost profits, in the manner prescribed by civil law.

Legal entities, citizens are obliged to fully compensate for the damage caused as a result of their committing land offenses.

Unauthorized occupied land plots shall be returned to their owners, land users, landowners, tenants of land plots without reimbursement of expenses incurred by persons guilty of violating land legislation during the illegal use of these land plots.

Disciplinary liability for land offenses. Officials and employees of the organization who are guilty of committing land offenses bear disciplinary liability if, as a result of their improper performance of their duties, the organization incurs administrative liability for the design, placement and commissioning of facilities that have a negative impact on the state of land, their contamination with chemical and radioactive substances. substances, industrial waste and wastewater.

The procedure for bringing to disciplinary liability is determined by labor legislation, legislation on state and municipal service, legislation on disciplinary liability of heads of administrations and other regulatory legal acts.

Land and legal liability is expressed in the forced seizure of a land plot from owners, land users, landowners for systematic violation of the rules for its use.

Author: Medentsov A.S.

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