Problematic Issues of Calculating the Size of Damage from the Use of Land Plots for Other Purposes within the Practice of Law Enforcement Agencies

I. V. Bryhadyr; I. V. Panova

doi:10.32631/pb.2021.1.16

I. V. Bryhadyr Kharkiv National University of Internal Affairs https://orcid.org/0000-0003-3181-3410
I. V. Panova Kharkiv National University of Internal Affairs https://orcid.org/0000-0003-4325-5428

DOI: https://doi.org/10.32631/pb.2021.1.16

Keywords: land use, land use law, allowable use of a land plot, liability for misuse of land plots, compensation for environmental damage

Abstract

The authors have studied the land legislation and the practice of its application in regard to the calculation of the amount of damage from the use of land plots for other purposes. The method of calculating the amount of damage from the specified use of land plots has been improved.

The foundations of the research methodology constitute: comparative and legal method, which assisted to study the requirements of EU and Ukrainian legislative acts; the method of systematic analysis, which allowed to reveal the legal mechanisms for calculating the amount of damage caused to the state and territorial communities from the use of land plots for other purposes; method of mathematical modeling, which allowed to form propositions for improving the formula of calculating the damage caused by the misuse of land plots.

The result of the study was the justification for making changes to the Methodology of determining the amount of damage caused by unauthorized occupation of land plots, misuse of land plots, removal of soil cover (fertile soil layer) without special permission. It has been offered to include a coefficient that takes into account the term of land use for other purposes in the direction of increasing the multiple of the number of years of land use into the formulas № 3 and № 4 of the Methodology. The authors have proved the necessity of introducing a separate formula for calculating the amount of damage caused by the use of land plot for other purposes, in case of impossibility to return the land plot to a condition suitable for further use for its intended purpose, or failure to accomplish such a return for other reasons.

The results of the research can be used in law-enforcement practice to determine the amount of damage caused by unauthorized occupation of land plots, the use of land plots for other purposes, as well as in law-making activity to improve legal mechanisms to prevent misuse of land plots.

Downloads

Download data is not yet available.

Author Biographies

I. V. Bryhadyr, Kharkiv National University of Internal Affairs

Department of labor and economic law (associate professor);
Candidate of Law, Associate Professor.

I. V. Panova, Kharkiv National University of Internal Affairs

Department of law enforcement activity and policeistics (head);
Candidate of Law, Associate Professor.

References

. Tytova N.I., 1998. Land as an object of legal regulation [Zemli yak obiekt pravovoho rehuliuvannia]. Pravo Ukraïni – Law of Ukraine, No. 4, pp. 10-15.

Dzhavadov Kh.A., 2008. Civil liability for the violation of the land legislation (by the example of Ukraine, Azerbaijan and Russia) [Grazhdansko-pravovaya otvetstvennost` za narushenie zemel`nogo zakonodatel`stva (na primere Ukrainy, Azerbaidzhana i Rossii]. Ph.D. dissertation. Institute of State and Law named after V. M. Koretsky NAS Ukraine.

Overkovska T.K., 2008. Legal grounds of land preservation from pollution and spoilage in Ukraine [Pravovi zasady okhorony zemel vid zabrudnennia ta psuvannia v Ukraini]. Ph.D. dissertation. Taras Shevchenko National University of Kyiv.

Enetjärn A., Cole S., Kniivilä M. et al., 2015. Environmental compensation. Key conditions for increased and cost effective application. Nordic Council of Ministers. http://dx.doi.org/10.6027/TN2015-572.

Land Use Planning Concept, Tools and Applications. [online] Land portal. Available at https://landportal.org/file/9781/download [Accessed 10 January 2021].