Щодо антисуспільної спрямованості самовільного зайняття земельної ділянки та самовільного будівництва (стаття 197-1 Кримінального кодексу України).

Abstract

The article deals with the question of the anti-social orientation of such an act, such as the unauthorized occupation of a plot of land and unauthorized construction. The opinions of scientists on this issue are considered, the corresponding historical and foreign experience is analyzed. In particular, the study found that some scientists support the generally accepted position in Soviet times that unauthorized occupation of a land plot and unauthorized construction should be attributed to crimes against management procedures, being confident that a person encroaches on them management in the field of land and construction relations. According to these scientists, provided for by Art. 197-1 of the Criminal Code of Ukraine in certain cases can be considered as types of arbitrariness in the sphere of land relations, in connection with which their place is among the crimes against the authority of state and local authorities, citizens' associations and against journalists (Section XV). In contrast, other researchers advocate the transfer of the norm on unauthorized occupation of a land plot to section VIII of the Special Part of the Criminal Code of Ukraine Crimes against the environment, explaining the need for such a step, primarily because the environmental function of the land is still the main one, her derivatives. At the same time, after analyzing the provisions of the Constitution of Ukraine, the Land Code of Ukraine, the Civil Code of Ukraine, the opinions of the overwhelming majority of specialists, as well as historical (except for the time period from 1922 to 2001) and foreign experience in regulating criminal liability for unauthorized occupation of the land plot and other varieties of similar violations of land rights, it was concluded that the inclusion of the norm devoted to the unauthorized occupation of land, it is in section VI of the Special Part of the Criminal Code of UK Crimes against property was absolutely justified by domestic parliamentarians.