
LAND RELATIONS AS AN OBJECT OF CRIMINAL LAW PROTECTION IN UKRAINE
Author(s) -
Bohdana Semenyshyna-Figol
Publication year - 2021
Publication title -
pravovij časopis donbasu
Language(s) - English
Resource type - Journals
ISSN - 2523-4269
DOI - 10.32366/2523-4269-2021-75-2-96-104
Subject(s) - land law , nonpossessory interest in land , possession (linguistics) , legislation , land use , land tenure , law , land management , political science , environmental resource management , environmental planning , geography , ecology , economics , linguistics , philosophy , archaeology , biology , agriculture
The article is devoted to a comprehensive study of land relations as an object of criminal law protection and prevention of criminal offenses in the field of land relations. The author formulated the concept of «land relations», and the study of current legislation, scientific sources provided an opportunity to reveal the essence and content of land relations, to explore the current state of public administration. Land legal relations are public relations that exist in connection with the exercise of the rights and legitimate interests of landowners and land users, their responsibilities; activities of jurisdictional bodies and other entities regarding the possession, use and disposal of land, its rational use, reproduction and protection. Analysis of current regulations, scientific sources made it possible to reveal the essence and content of land relations, to explore the current state of public administration. Land relations are a circle of homogeneous social relations: the subjects of which may be individuals, legal entities, public authorities and local governments, foreign states, international organizations, public associations and organizations – bearers of subjective legal rights and responsibilities; the common object of which is land, and the direct objects may be land, land as a natural resource, including soils, information about land; their content is the relationship of land ownership and land use, their rational use, reproduction and protection, the activities of public administration, in accordance with the specifics of land categories, features of common and direct objects. Based on modern legal understanding, the principles of criminal law protection of one of the fundamental elements of the environment – land resources as an object of the environment, legal relations of land ownership and agricultural activities. The concept of criminal-legal protection of land resources of Ukraine is developed, which is based on the results of a comprehensive study of the stated issues, taking into account modern views and recent achievements of legal doctrine, which includes the legislator, and man as an integral part of the unified system of the latter, and law enforcement – on the use of regulations not only of criminal law, but also a set of departmental legal acts in the process of criminal law protection of land resources of Ukraine.