Published article informs readers on responsibility for autocratic capture of the earth.
The department of the ground relations of executive committee of Sudaksky city council informs that the Law of Ukraine provided responsibility for commission of offenses of the ground legislation.
According to a part of 3 Art. 125 of the Land code of Ukraine to start use of the land lot before establishment of its borders in nature (on the district), obtaining the document certifying the right to it, and it is forbidden to the state registration.
Autocratic capture of the land lot – occupation by the person on own initiative and in own purposes of the ground which is not belonging to it on the right of land tenure or land use. Citizens and public officials can be the subject of an offense.
The Verkhovna Rada of Ukraine passed the Law of Ukraine About modification of some acts of Ukraine about strengthening of responsibility for autocratic occupation of the land lot (from January 11, 2007 of No. 578-V), come into force since February 3, 2007 from the moment of its publication (Uryadovy the courier No. 21).
This law increased the sizes of penalties which are imposed on violators of the ground legislation according to Art. 53-1 KUoAP, and also the criminal responsibility for autocratic occupation of the land lot and autocratic construction is entered.
From coming into force of the law, two types of responsibility for autocratic occupation of the land lot are provided: administrative (Art. 53-1 KUoAP) and criminal (Art. 197-1 of UK of Ukraine).
Regarding the second Art. 9 KUoAP it is specified that administrative responsibility for an offense, provided by this Code, comes, if these violations behind the character don’t pull for themselves legal accountability of criminal responsibility.
Article 531 of the Code of Ukraine about administrative offenses:
Autocratic capture of the land lot attracts penalty imposing on citizens from ten to fifty not taxable minima of the income of citizens (from 170 UAH. to 850 UAH.) and on officials from twenty to hundred not taxable minima of the income of citizens (from 340 UAH. to 1700 UAH.).
Article 1971 of the Criminal code of Ukraine:
1. Autocratic occupation of the land lot by which the significant damage is caused to his legal owner or the owner – is punished by a penalty from two hundred to three hundred not taxable minima of the income of citizens or arrest for the term up to six months.
2. The autocratic occupation of the land lot made by the person, earlier judged for a crime provided by the present article, or a group of persons, or concerning the land lots of especially valuable lands, lands in conservation zones, zones of sanitary protection, sanitary and protective zones or zones of a specific mode of use of lands – is punished by freedom restriction for the term from two till four years or imprisonment for the term up to two years.
3. Autocratic construction of buildings or constructions on autocratically busy land lot specified in part one of the present article – is punished by a penalty from three hundred to five hundred not taxable minima of the income of citizens or arrest for the term up to six months, or freedom restriction for the term up to three years.
4. Autocratic construction of buildings or a construction on autocratically busy land lot specified regarding the second present article, or made by the person which is earlier judged for the same crime or a crime, provided by a part of the third present article – is punished by imprisonment for the term from one till three years.
Note. According to the present article the damage admits considerable if it in hundred and more times exceeds not a taxable minimum of the income of citizens.
And. BEREZINA, head of department of the ground relations.