RESOLUTION OF THE PLENUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

of February 17, 2011 No. 11

About some questions of application of the Special part of the Russian Federation Code of Administrative Offences

Due to the questions arising by consideration by Arbitration Courts of cases on administrative offenses and application of separate provisions of the Special part of the Russian Federation Code of Administrative Offences (further - the Code of the Russian Federation on Administrative Offences, the Code), and for the purpose of ensuring uniform approaches to their permission the Plenum of the Supreme Arbitration Court of the Russian Federation based on article 13 of the Federal constitutional Law "About Arbitration Courts in the Russian Federation" decides to make the following explanations.

Questions of application of Chapter 7 of the Code of the Russian Federation on Administrative Offences "Administrative offenses in the field of protection of property"

1. Article 7.1 Code of the Russian Federation on Administrative Offences provides the administrative responsibility for unauthorized occupation of the parcel of land or use of the parcel of land without the documents of title processed in accordance with the established procedure on the earth, and in case of need - without documents resolving implementation of economic activity.

By hearing of cases about contest of resolutions of administrative authorities on administrative prosecution for the called offenses courts should consider that unauthorized occupation of lands is understood as use of others parcel of land in the absence of will of the owner of this site (other person authorized by it) expressed in accordance with the established procedure.

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