Reflections on International Standards and the Experience of Certain Foreign Countries in the Use and Protection of Land

Abstract

In the article, the author presents certain reflections on international standards and the experiences of some foreign countries in the field of land use and protection. The author also outlines specific features found in the criminal legislation of foreign countries regarding offenses committed in this area. In particular, the article discusses the relative severity of sanctions for crimes related to land use and protection, the recognition of land as a form of private property in certain countries, and how this classification influences the legal interpretation and regulation of such offenses. Specifically, in Germany, the unauthorized occupation of land, according to the German Criminal Code (Strafgesetzbuch, StGB), is generally classified as “unlawful interference with property” or “unauthorized appropriation of property,” among other similar terms. According to the author, in order to establish liability and impose fair punishment for crimes expressed in the violation of land legislation, and to improve the practice of applying criminal law in this regard, it is necessary to reconsider the structure of criminal offenses in other areas of environmental crime as well. This conclusion is drawn from the observation that, under the current legal framework and its application, a person can only be held criminally liable for acts such as pollution of land plots or violation of land use or protection requirements if the consequences specified in the legal norms have actually occurred. For this reason, it is considered appropriate to revise the first part of the dispositions of Articles 196 and 197 of the Criminal Code, which provide for liability for offenses such as pollution of land plots or violations of land use or protection requirements. It is recommended that these offenses be classified as formal crimes, and that aggravating elements be introduced depending on the severity of the consequences resulting from the offense.