Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)

Abstract

Public Danger and Wrongfulness as Important Signs of Administrative Offences Related to Unauthorized Occupation of a Land Plot

Author(s): Kelman Mykhailo, Tokarska Antonina, Bysaha Yurii, Zhebrovska Krystyna, Oliinyk Oleh

Description: The purpose of the article is to study public danger and wrongfulness as the main signs of administrative offense related to unauthorized occupation of a land plot. Methodology: The methodological basis of the study is dialectical-materialistic and formal-logical methods of scientific knowledge and general scientific and special methods based on them. This allowed researching the problem in the unity of its social content and legal form. The results of the study: On the basis of the analysis of scientific views of scientists and the norms of the current legislation of Ukraine, the characteristic of such signs of administrative offense related to unauthorized occupation of the land plot, as public danger and wrongfulness have been examined. Practical implications. Having taken note of the analysis of legal acts adopted during the studied period we can conclude that the assertion of the Soviet authorities was accompanied by the increased criminal liability for violations in the area of land use. Value/originality: It has been stated that public danger of the offense directly affects the severity of punishment. In turn, such a sign as wrongfulness indicates the inability to apply law analogy, that is, precludes the possibility of bringing a person to administrative liability, if the act committed is not directly enshrined in administrative law.