Administrative offenses in the field of nature protection. Part II: land and subsoil

An effective means of nature protection in the conditions of growing anthropogenic impact is the application of all types of legal liability to violators of legislation in the field of nature protection, a special place in this issue belongs to administrative liability. Aim. To clarify the essence and features of administrative liability in the field of nature protection (land, subsoil) in Ukraine. Materials and Methods. An analysis of current regulatory legal acts on individual issues of administrative liability in the field of land and subsoil protection was conducted. Results. The specifics of administrative liability in the field of nature protection were studied; articles of the Code of Ukraine on Administrative Offenses (hereinafter ‒ the Code of Administrative Offenses) were considered and proposals for their improvement were made, concerning the liability of both individuals and officials for offenses committed against land and its subsoil. A legal analysis of individual administrative offenses in the field of nature protection and the use of natural resources was carried out, liability for which is provided for by separate articles of the Code of Ukraine on Administrative Offenses: Article 52 of the Code of Administrative Offenses “Deterioration and pollution of agricultural and other lands”; Article 53 of the Code of Administrative Offenses “Violation of land use rules”; Article 54 of the Code of Administrative Offenses “Violation of the terms for the return of temporarily occupied lands or failure to bring them into a condition suitable for use for their intended purpose”; Article 55 of the Code of Administrative Offenses “Violation of land management rules”; Article 56 of the Code of Administrative Offenses "Destruction of boundary signs"; Article 57 of the Code of Administrative Offenses "Violation of requirements for the protection of subsoil"; Article 58 of the Code of Administrative Offenses "Violation of rules and requirements for conducting work on geological study of subsoil", etc. The authors noted that when any offense is committed, its objective side or its consequences come to the fore and only after establishing the subject of the offense and its subjective side can a conclusion be drawn about the object of the offense, about what social relations, benefits, values, interests were violated by it. Conclusions. The administrative liability in the field of nature protection is an important mechanism for preventing offenses, including criminal ones, in the field of environmental protection. Keywords: administrative offenses, environmental protection, environment, land, subsoil.