Міжвідомчий Науково-методичний збірник
"Криміналістика і судова експертиза"
ISSN: 0130-2655
PDF 16 1 Завантажень: 0, розмiр: 300.5 KB

V. Savchak

Summary

Taking into account the calling of the institute of «forensic examination», as well as the essence of land management, the expert assessment on land management should also address the issue of calculating the amount of losses (damage) caused to land owners and land users.

In order to carry out a full, substantiated and objective study on the calculation of the amount of damages (damage) caused to land owners and land users, the development of appropriate methodological recommendations has been started by Kyiv Forensic Institute (KFI).

At the same time, according to the norms of the current legislation, losses and demages are interpreted as different categories, with different algorithms for their calculation, the authority to determine which belong to different authorities.

In turn, the lack of a single normative and methodological provision or even an understanding of the interpretation of losses and damages can create preconditions for abuse in this area.

The seizure of land is a legally regulated way of transferring land from one form of ownership to another, during which it is possible to change the purpose and change the configuration of the land. Given that the characteristics of other elements of the movement of land within the categories, forms of ownership, etc are examined by forensic expertise on land management issues, and the land seizure process is also among them.

Land under the forests constitute the national wealth of Ukraine and are under special protection of the state. However, the number of forests is getting smaller. Often this is due to a violation or disregard of the procedure for the seizure of land.

Land that is in permanent use of State Forestry Enterprise can be transmitted person or entity for ownership or use only after its removal from the use of such an enterprise. Too often land of forestry purposes, including forest lands, transferred to the ownership of citizens as reserve lands are not given the ownership and use, as agricultural land. As a result of these illegal transactions numerical amount of forests land just disappears.

The author reached the conclusion that the study forensics procedures for land seizure of land is appropriate, relevant, enabled (in the legal field) and the natural process called forensics.

It is established that during the execution of this kind of expertise is necessary to research: location studied land to the boundaries of settlements; types of grounds located within the study land; date of removal of land; types of use for which land is removal.

Therefore, the author considers that there cannot be two different normative legal acts, individually defining the powers of the authorities and ways of determining the size of losses and damages, as this is the case at present time. This is the Procedure for determining and compensating for losses to land owners and land users, approved by the Resolution of the Cabinet of Ministers of Ukraine as of April 19, 1993 № 284 and Methods for determining the amount of damage caused as a result of unauthorized occupation of land, the use of land not for specific purposes, the removal of soil (the fertile layer soil) without a special permit, approved by the Decree of the Cabinet of Ministers of Ukraine dated July 25, 2007 № 963.

It has been concluded that the calculation of the loss caused (damage) is an unconditional element of regulation of land relations, and it is the potential task of expertise in land management. Determining the size of such loss (damage) should be carried out taking into account the approaches to determining the expert monetary valuation of land.