Babenko, L.N. Compensation of harm caused by land offences: law-enforcement problems

Abstract: The article is devoted to the problems of civil law responsibility for the land law violations. The current legislation fails to protect proprietary interests of users of natural resources in cases of harming environment. Such a harm is regarded as a public harm, and it is compensated to the municipal unit in based upon the claims by persons in accordance with the list provided for under Art. 5,6,11, 12 of the Federal Law “On Protection of Environment”. As a rule when dealing the claims on compensation of harm to land and natural resources the courts do not take into account the losses of users of natural resources due to the harm caused to a natural object in their use by the activities of other users of natural resources. The civil law responsibility for the offences against land law is one of the most efficient legal means, which may be used to achieve a reasonable balance of proprietary interests of owners, users and tenants, as well as the public interests in order to guarantee rational, efficient, and safe use of lands.

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