Гуманитарные и юридические исследования (Sep 2021)
MISUSE OF LAND: SOME CHALLENGES OF ADMINISTRATIVE RESPONSIBILITY
Abstract
Administrative responsibility is the most common type of legal liability applied for violations in the field of land legislation; its implementation in practice aims to maintain the proper land law and order in the state and thereby ensure the rational use of land in the Russian Federation. One of the most frequent violations in this sphere is the use of land plots for unauthorized purpose, the responsibility for which is defined by the legislator in Art. 8.8 of the code of the Russian Federation on administrative offenses. However, currently in the implementation of production on the offense the subjects of administrative jurisdiction often face the situation, when the legislation on administrative responsibility does to catch up with the changes introduced to land legislation. It should also be noted that there is some terminology inconsistency between the provisions of administrative and land legislation that also leads to certain difficulties in law enforcement. The article highlights the problematic issues related to the implementation of land use not in accordance with the legal regime (established category of land and permitted use), identifies and analyzes the gap in administrative-tort legislation faced by law enforcement officers in bringing to administrative responsibility for the use of land for other than its intended purpose, and substantiates the need to improve certain provisions of land legislation and the Code of the Russian Federation on administrative offenses.
