Land law. Administrative responsibility for land offenses (most important)

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Land law. Administrative responsibility for land offenses (most important)

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60. ADMINISTRATIVE RESPONSIBILITY FOR LAND VIOLATIONS

Persons guilty of committing land offenses bear administrative responsibility 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 Code of Administrative Offenses of the Russian Federation provides for the following offenses in the field of protection and use of land, for which administrative liability is established:

▪ in the field of property protection - unauthorized occupation of a land plot; destruction of boundary signs; use of subsoil without permission or in violation of the conditions stipulated by the license; unauthorized occupation of a water body or use of it without a license; unauthorized occupation of a forest fund plot or a forest plot not included in the forest fund, unauthorized assignment of the right to use land, subsoil, forest fund plot, forest plot not included in the forest fund, or a water body, etc.;

▪ in the field of environmental protection and natural resource management - non-compliance with environmental requirements when planning, feasibility studies of projects, design, placement, construction, reconstruction, commissioning, operation of enterprises, structures or other facilities; violation of legislation on environmental assessment; concealment or distortion of environmental information;

▪ violation of requirements for the protection and rational use of subsoil and hydromineral resources, violation of the rules and requirements for carrying out work on geological study of subsoil;

▪ violation of rules for the protection of water bodies, rules for water use, rules for the operation of water management or water protection structures and devices;

▪ violation of rules for the protection of atmospheric air, putting into operation motor vehicles that exceed the standards for the content of pollutants in emissions or noise level standards;

▪ violation of forest management rules, rules for secondary forest use, illegal logging, damage or digging up of trees and shrubs, violation of forest protection requirements;

▪ destruction of animal habitats, violation of rules for protecting habitats or migration routes of animals, destruction of rare and endangered species of animals or plants, violation of rules for protecting fish stocks;

▪ damage to agricultural and other lands; untimely return of temporarily occupied lands or failure to bring them into a condition suitable for their intended use; use of land for purposes other than its intended purpose, failure to implement mandatory measures to improve land and protect soils, etc.

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

Author: Medentsov A.S.

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