Publication date: 22.05.2024
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Arbitrary occupation of a land plot is the illegal use of a land plot without the appropriate permission or legal grounds. Liability for such actions is regulated by the legislation of Ukraine, in particular the Criminal Code of Ukraine and the Code of Ukraine on Administrative Offenses.
Administrative responsibility
In accordance with Article 53-1 of the Code of Ukraine on Administrative Offenses (CUP), the arbitrary occupation of a plot of land is punishable by a fine of 10 to 50 non-taxable minimum income of citizens (NMDI) for citizens and from 20 to 100 NMDI for officials.
In the event that arbitrary occupation of a plot of land causing significant damage is punishable by a fine of 50 to 100 NMDH for citizens and 100 to 200 NMDH for officials.
Criminal liability
According to Article 197-1 of the Criminal Code of Ukraine, arbitrary occupation of a plot of land is punishable by a fine of 200 to 300 NMDH or arrest for up to six months. Arbitrary construction on an arbitrarily occupied plot of land is punishable by a fine of 300 to 500 NMDH or restriction of freedom for a period of up to three years.
Actions after detection of self-employment
1.Notification of competent authorities:
After discovering the fact of arbitrary occupation of the land plot, it is necessary to notify the relevant authorities, such as local self-government bodies or state land resource inspectors.
2. Official consideration of the case:
The relevant bodies conduct an investigation, record the fact of violation and determine the responsibility of the guilty parties.
3. Prosecution:
On the basis of the collected evidence and the conclusions of the investigation, persons guilty of arbitrary occupation of a land plot shall be held administratively or criminally liable.
4. Restoration of legality:
The guilty person is obliged to vacate the arbitrarily occupied land plot and bring it to the state that was before the violation, or to compensate for the damage caused.
Explanation of terms
Non-taxable minimum income of citizens: The amount used to determine the amount of fines. As of today in Ukraine, it is 17 hryvnias.
Arbitrary occupation of a land plot: Use of a land plot without the appropriate permission or legal grounds.
Arrest: Temporary detention of a person in custody.
Restriction of freedom: A type of punishment that involves the isolation of a convict in a correctional center without deprivation of freedom.
CONCLUSION
Before using the land, make sure you have all the necessary legal grounds and documents. If in doubt about the legality of actions, consult a lawyer or an attorney. Always comply with the requirements of the law regarding the use of land plots and construction on them. Arbitrary occupation of a plot of land can have serious legal consequences, including fines, arrest or restraints, so it is important to act within the law and in accordance with legal regulations.
