The article examines some problems of criminal liability for unauthorized construction in terms of regulatory legislation of Ukraine, actual situations and regulations of criminal offenses. The issue of comparing the normative composition of criminal offenses with the regulatory and protective (administrative) law of Ukraine (primarily legislation in the field of urban planning) is highlighted. It is concluded that the filling of the specific legal content of unauthorized (spontaneous) construction should not be limited to its definition only for construction work without obtaining the right to such construction work in accordance with the Law of Ukraine "On Regulation of Urban Development" (in the so-called narrow sense). Actions of the objective side of the relevant legal corpus delicti can hardly be considered justified and outside the criminal law regulation will contain a significant amount of real factual situations, which in the degree of public danger is the same or even greater severity and will fully meet the criteria of criminal offenses (Art. 11 of the Criminal Code), and accordingly, is to be recognized as a criminal offense. It is also investigated that the formation of a specific legal content of unauthorized construction as a criminal offense can not be reduced to the provisions of the laws of Ukraine (in particular, the CC), and guided only by formal indicators (e.g. presence or absence of a document entitling to construction work) – "filling" with such content may be carried out by by-laws governing the possibility of acquiring the right to perform construction work outside the generally established procedure