The concept of crimes in the field of land relations.

Abstract

The article is devoted to the study of the concept of «crimes in the field of land relations». In order to achieve the aims of the article, not only are the scientific approaches to the interpretation of the concept of «land crimes» analyzed, but also the legislative definition and doctrinal interpretations of the terminology of «land relations» associated with the last terminology. As a result of writing the article, a scientifically grounded definition of the concept of «crimes in the field of land relations» is proposed.

In particular, after analyzing the criminal crimes described in the criminal-law doctrine, it is argued that the main reason for the imperfection of the latter is that their authors either did not fully take into account the diversity of the content of the concept of «land relations» or did not observe the logical and methodological definition of the procedure, mainly using only the generalization method, and vice versa – in a certain way ignoring such a logical operation as differentiation. It is stated that in the end this led to the fact that the relevant definitions of «crimes in the field of land relations» do not correspond to their main purpose – do not outline those distinctive, essential features that allow distinguishing land crimes among other groups of crimes.

Taking into account the aforesaid, the article is substantiated that the definition of land crimes must necessarily contain a reference not only to relations that are violated as a result of their commission, but also to the subject of appropriate encroachments – land, land and soils, which serves as the distinctive, most significant a feature that clearly focuses on the fact that as a result of committing any crime of the group is always violated land relations, and thus will allow to distinguish between these socially dangerous attacks from other crimes In only related to land relations.

At the end of the article it is concluded that crimes in the field of land relations should be understood as crimes that encroach on land rights and legitimate interests of the Ukrainian people, legal entities or individuals, state or territorial communities, as well as the established order of protection, rational use and reproduction land resources, and objects of which are the objects of land relations (land, land plots and soils), which can only be objects.