The article focuses on legal regulation of the application of liability in cases where land plots are used without execution of the documents of title, except for cases of unauthorized occupation of land plots. The article determines the specifics inherent in the application of liability for land plot use without execution of the documents of title stemming from the fact that the rules of substantive law of different branches determine the legal regime of land use and this, accordingly, affects the subject matter and the nature of a land dispute.

The purpose of the article is to analyze the offense involving land plot use without execution of the documents of title and the application of appropriate liability.

It is established that the offense involving land plot use without execution of the documents of title means the situation when actual land users do not pay for using the land and do not apply for execution of relevant documents for various reasons, which leads to a violation of subjective rights of the land’s legal owner.

The analysis made demonstrates that in the context of application of liability for land plot use without execution of the documents of title, judicial practice is being changed. Thus, for a long time judicial practice was oriented towards monetary recovery subject to articles 1166, 1167 of the Civil Code of Ukraine (Ukrainian CC) in the form of lost rents, but in recent years it has shifted towards monetary recovery without sufficient legal grounds, subject to article 1212 of Ukrainian CC. At the same time, today decisions are made both on the former and the latter grounds.

The author suggests that changes should be made to the legislative provisions on recovery of damages for land plot use without execution of the documents of title in terms of the grounds for recovery and the amount of damage. 

Bibliography

Authored books

1. Dzhavadov H, Grazhdansko-pravovaja otvetstvennost’ za narushenie zemel’nogo zakonodatel’stva (na opyte Ukrainy, Azerbajdzhana i Rossii) [Civil Liability for Violation of Land Legislation (Based on the Experience of Ukraine, Azerbaijan and Russia)] (Juridichna dumka 2009) (in Ukrainian).

Journal articles

 2. Mozalova M, ‘Pravove doslidzhennia deiakykh aspektiv vykorystannia zemelnykh dilianok bez oformlennia pravovstanovliuiuchykh dokumentiv’ [‘Legal Research of Some Aspects of Land Plot Use Without Execution of the Documents of Title’] (2014) 1–2 Pravo ta innovatsii 110–8 (in Ukrainian).