Land law. Land offenses (most important)

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Land law. Land offenses (most important)

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58. LAND OFFENSES

Offense - this is a guilty, illegal, socially dangerous act of a person that has harmed the interests of society, the state and the individual. A land offense is understood as an illegal act that violates land legislation and causes harm to land resources, the environment and human health.

In accordance with the law, legal entities and citizens are obliged to fully compensate for the damage caused as a result of their committing land offenses.

Compensation for harm is made voluntarily or by a court decision in the established amount of damage caused to the land, or according to the actual costs of restoring the disturbed state, taking into account the losses incurred, including lost profits.

The amounts of damage are compensated to the injured party for taking measures to restore the losses. Compensation for harm in kind means imposing on the defendant, with the consent of the parties, the obligation to restore land and other natural resources and objects at the expense of his forces and means. Damage caused to a land plot and other property of citizens as a result of an adverse impact caused by the activities of enterprises, institutions, organizations or individual citizens is compensated.

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.

Compensation for damages is covered by the more general civil law institution of termination of ownership. Compulsory acquisition of land, for example, includes:

1) alienation of a land plot, which, by virtue of law, cannot belong to this person;

2) requisition - the withdrawal of a land plot by decision of a state body in the manner and on the conditions established by law, with payment of the cost; the valuation of the recoverable can be challenged in court;

3) confiscation - gratuitous seizure of a land plot by a court decision or in an administrative order for committing an offense in cases provided for by law. The legislation provides for the possibility of demands for restriction, suspension or termination of the activities of legal entities and individuals carried out in violation of the legislation in the field of environmental protection.

In accordance with the legislation, legal entities and individuals who have caused harm to the land as a result of its pollution, depletion, damage, destruction, irrational use of natural resources, degradation and destruction of natural ecological systems, natural complexes and natural landscapes and other violations of environmental legislation, must pay it back in full.

Bringing land plots into a usable condition when they are littered, other types of damage, unauthorized occupation, demolition of buildings, structures, structures during unauthorized occupation of land plots or unauthorized construction, as well as the restoration of destroyed boundary marks is carried out by legal entities and citizens guilty of these land offences, or at their expense.

Author: Medentsov A.S.

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