THE SUBJECT OF AN ILLEGAL ENCROACHMENT ON THE FACTS OF ILLEGAL ACQUISITION OF THE RIGHT TO STATE OR COMMUNAL LAND, COMMITTED BY ABUSE OF POWERS BY PERSONS WHO PROVIDE PUBLIC SERVICES

Abstract

The article deals with consideration of the facts of illegal acquisition of the right to state or communal land from the point of view of assessing the subject of their illegal encroachment. The relevance of the article is determined through the statistical information of the Office of the Prosecutor General of Ukraine, which reflects the number of registered criminal offenses and those for which offenders are suspected. Attention is focused on the fact that the investigated actions have manifestations of a corrupt nature and its state in Ukraine is given. Attention is focused on the distinction between actions caused by the physical seizure of land, which falls under the characteristics of Art. 197-1 of the Criminal Code of Ukraine as «Arbitrary occupation of a land plot and arbitrary construction», as well as Art. 365-2 of the Criminal Code of Ukraine, which provides for the abuse of one’s powers by an auditor, notary, appraiser, authorized person or official of the Individual Deposit Guarantee Fund, another person who is not a civil servant, an official of local self-government, but carries out professional activities related to the provision of public services, including the services of an expert, specialist, arbitration manager, private executor, independent mediator, member of labor arbitration, arbitrator (during the performance of these functions), or by a state registrar, a subject of state registration of rights, a state executor, a private executor, which may not be aimed at acquiring the right to state or communal land. The article presents a set of normative legal acts providing for the compilation, based on the results of the activities of the relevant institutions/officials, of the relevant set of documents, which were united into three groups according to their purpose: legal documents for land; documents confirming the legality of land management; land valuation documents. Emphasis is placed on the need for investigators to carefully study the relevant documents for their legal force, compliance with current legislation, correctness of drafting and registration, and reliability. It is claimed that the study of the documents is aimed at identifying the fact of their use for illegal purposes, in particular by abusing their official position, obtaining an illegal benefit, where the subject of illegal actions is the right of state, communal ownership of land.