Problems of compensation of damage caused by land offense

The problems of compensation of damage caused by land offense in the result of economic activity by the subjects of economical legal relations are studied. There are civil and administrative responsibilities. The necessity of legal regulation of mechanism of compensation for damage to the agricultural land fertility is noted. The issues of damage proof by administrative bodies, the opportunity to claiming simultaneously damage compensation in natural and money terms are presented. We analyze law-enforcement practice on compensation for agricultural land damage. Government bodies usually change the terms “environment pollution”, “damage to the environment”, “results of land pollution”, and that proves the necessity of clear terms understanding. It is noted, that activities of government bodies on claiming compensation for environment damage should be regulated by regulatory acts without double understanding. The conclusion is made that administrative bodies have an opportunity to demand the damage compensation only if there are following circumstances: illegal activities; damage presence; cause-and-effect connection between illegal activity and damage presence; lack of nature damage compensation. We suggest legislative consolidation of the order of earth samples selection for correct and accurate damage understanding.

land offense, causal connection, guilt, losses, damage

1. Дегтярев С.Л. Возмещение убытков в гражданском и арбитражном процессе. М., 2003. 208 с.