Chumak Y. Administrative and Legal Counteraction to Offenses in the Field of Land Relations in Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0420U100983

Applicant for

Specialization

  • 12.00.07 - Адміністративне право і процес; фінансове право; інформаційне право

06-07-2020

Specialized Academic Board

К 26.503.01

Research Institute of Public Law

Essay

The author of the dissertation has provided theoretical generalization and a new solution to the scientific problem, which is to determine the nature and to reveal specific features of administrative and legal counteraction to offenses in the field of land relations in Ukraine, as well as elaboration of the areas of its improvement taking into account national and international experience. The essence of land relations as an object of administrative and legal protection has been clarified. It has been noted that administrative and legal protection of lands constitutes a separate specific holistic mechanism, which is represented by appropriate measures, techniques, methods of administrative and legal protection of such an important public good as lands. The structure of such a mechanism has been offered to consider by such components as institutional, positive and stimulating (preventive) and protective. The general characteristic of administrative offenses in the field of land relations in Ukraine on each element of their structure has been carried out and shortcomings of administrative and legal regulation of the issue under research has been defined. The classification of administrative offenses in the field of land relations has been suggested. It has been offered to consider administrative and legal counteraction to offenses in the field of land legal relations as a set of interrelated administrative and legal, organizational, ideological, stimulating measures carried out by authorized subjects of authoritative powers on permanent and systematic principles, as well as in some cases if there are situations, which require the use of administrative coercion aimed at preventing administrative offenses in the field of land relations, their termination, bringing to administrative liability of those who committed them, eliminating the negative consequences of such offenses, as well as identifying the causes and conditions leading to offenses and overcoming them at the national strategic level. It has been established that the methods of administrative counteraction to offenses in the field of land relations are the methods and techniques of influencing land legal relations and their participants determined by the current legislation, which are realized by the subjects of counteraction in their practical activity, stipulated by specifics of the legal status of certain subjects and objects of counteraction. The author has formulated propositions on the areas of further improvement of administrative liability for offenses in the field of land relations in Ukraine, increasing the effectiveness of prevention of such offenses and the development of the forms of interaction between the subjects of the studied counteraction.

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