Юридическая ответственность за земельные правонарушения

Abstract

Though the term «infringement of the land law» is quite broadly used both in the practical legislation and in the theory of law, the definition of the term is quite disputable. The same is true regarding the types of responsibility that the infringement can generate. The article is aimed at defining the term and the notion of the infringement of the land law and at the substantiating of the various types of responsibility for the infringement. Acting norms of law of Russia, practical legal cases, scientific, academic and other publications constitute the empiric data for the research. The method of the research in its broader sense is based on the materialist dialectic, which makes it possible to consider the facts and processes in their interrelation and development. Besides, the methods of formal logics, of normative dogmatics, of analysis and synthesis and others were used during the research. The article proves that the type of responsibility, be it criminal, administrative, disciplinary, property liability, depends on the social impact and danger, on the functions of responsibility, and, to certain extent, on the practical thought. This is viewed from the position of interrelated and objectively connected legal norms maintaining law, which, in its turn, determines the sanction be separate from the hypothesis and from the disposition of legal norm. The law of Russia determines such a sanction as the forced termination of the right for the spot of land due to its misuse. The sanction is strictly personified and restrictive. The article stipulates grounds for the usage of the sanction as a measure of special responsibility in the sphere of land law. The responsibility is objectively conditioned by the specificity of land social relations and by infringements of the land law in particular. The research concluded that the infringement of the land law is an integral notion, characterized by the action deviating from those required by the law, and breaking the land laws. The land law is enforced by a system of measures of various types of responsibility, whereas the legislation regulating the responsibility has certain completeness and systemic integrity.