TO THE PROBLEM OF LEGAL REGULATION OF RESPONSIBILITY FOR VIOLATION OF LAND LEGISLATION
Rubrics: AGRICULTURAL ECONOMICS AND POLICIES
Authors:
1.
"Ural GAU"
2.
"Ural GAU"
3.
"Ural GAU"
4.
"Ural GAU"
5.
"Ural GAU"
Type:
Article
eLocation:
Status:
Published
Received:
06.04.2023
Accepted:
15.04.2023
Published:
25.04.2023
Language:
Russian
Keywords:
celevoe ispol'zovanie zemel', zemel'nyy uchastok, zemel'noe zakonodatel'stvo, otvetstvennost' za zemel'nye pravonarusheniya, vid razreshennogo ispol'zovaniya, administrativnyy kodeks, sudebnaya praktika
Abstract (English):
Misuse of land plots is fraught with significant negative consequences, both material and non-property, which must be taken into account by current land users and persons acquiring rights to land plots. The absolute majority of seizures of land plots is connected precisely with the non-use of land plots for agricultural production. As consequences in case of violation of the designated purpose of the land plot, the legislator provided not only the onset of grounds for bringing to legal liability (administrative, criminal, civil law), but also the implementation of reclamation, i.e. restoration of a land plot, termination of a lease agreement, withdrawal of a land plot, demolition of an unauthorized building located on such a land plot. Based on the analysis of the norms of the current legislation, scientific literature, the authors determined that the problem of misuse of land requires comprehensive measures to improve the system of legislation in this area. Such measures include changing the current legislation of the Russian Federation regarding the implementation of state land supervision, the use of cadastral value for calculating fines for the use of land plots for other than their intended purpose, and improving the composition of administrative offenses in the field of land relations. The subject of the study is public relations regarding the use of a land plot in accordance with its intended purpose. The object of the study is the norms of the current legislation, the positions of scientists, as well as materials of judicial practice. The article used methods of analysis and synthesis, the method of document analysis, formal-logical interpretation, the method of document analysis, critical-legal and others.
Misuse of land plots is fraught with significant negative consequences, both material and non-property, which must be taken into account by current land users and persons acquiring rights to land plots. The absolute majority of seizures of land plots is connected precisely with the non-use of land plots for agricultural production. As consequences in case of violation of the designated purpose of the land plot, the legislator provided not only the onset of grounds for bringing to legal liability (administrative, criminal, civil law), but also the implementation of reclamation, i.e. restoration of a land plot, termination of a lease agreement, withdrawal of a land plot, demolition of an unauthorized building located on such a land plot. Based on the analysis of the norms of the current legislation, scientific literature, the authors determined that the problem of misuse of land requires comprehensive measures to improve the system of legislation in this area. Such measures include changing the current legislation of the Russian Federation regarding the implementation of state land supervision, the use of cadastral value for calculating fines for the use of land plots for other than their intended purpose, and improving the composition of administrative offenses in the field of land relations. The subject of the study is public relations regarding the use of a land plot in accordance with its intended purpose. The object of the study is the norms of the current legislation, the positions of scientists, as well as materials of judicial practice. The article used methods of analysis and synthesis, the method of document analysis, formal-logical interpretation, the method of document analysis, critical-legal and others.
Keywords:
celevoe ispol'zovanie zemel', zemel'nyy uchastok, zemel'noe zakonodatel'stvo, otvetstvennost' za zemel'nye pravonarusheniya, vid razreshennogo ispol'zovaniya, administrativnyy kodeks, sudebnaya praktika
celevoe ispol'zovanie zemel', zemel'nyy uchastok, zemel'noe zakonodatel'stvo, otvetstvennost' za zemel'nye pravonarusheniya, vid razreshennogo ispol'zovaniya, administrativnyy kodeks, sudebnaya praktika
