Problems of qualification of unauthorized occupation of land and unauthorised construction in practice

The article reveals the current problem of the Ukrainian legal system, which is the difficulty of identifying and qualifying crimes related to unauthorised land seizure and construction works without proper permits. The study focuses on the analysis of the current state of legislation and legal practice, and provides statistics confirming the seriousness and scale of the problem. The article highlights that unauthorised land seizures and unauthorised construction not only violate the right to property, but also threaten the stability and predictability of law enforcement, creating risks to legal certainty and fair justice. The author draws attention to the difficulties in interpreting and applying Article 197-1 of the Criminal Code of Ukraine, which provides for criminal liability for illegal occupation of a land plot, and to the ambiguity of its correlation with other legal provisions, in particular, Article 79 of the Land Code of Ukraine. The author analyses the research and publications covering the issues of qualification of unauthorised land seizure and construction, drawing attention to the importance of further analysis and improvement of the legislative framework. Particular attention is paid to the historical analysis of changes in legislation and the impact of these changes on law enforcement practice, which demonstrates the importance of adapting the legal system to modern challenges. The article presents proposals on ways to optimise criminal legislation for effective protection of property rights and combating crimes related to unauthorised land occupation and construction. The author emphasises the need to take into account international experience and suggests specific areas of reform, such as clarification of regulatory definitions, improvement of procedures for granting construction permits, and introduction of clear criteria for qualifying crimes.