Subject of the crime illegal acquisition of surface soil (surface layer) of land (Art. 239 CC)

The proposed paper concerns the issues of definition of the crime under Art. 239 CC of «Illegal acquisition of surface soil (surface layer) of land». In contrast to the prevailing theory of criminal law point of view on the subject of recognition of the crime of topsoil, the authors believe that this serves as a humus horizon of the soil. The disadvantages of the concept of «fertile soil» is the original character of fertility, seasonal soil fertility, complexity issues of qualification of offenses and criminal acts delimitation of administrative offenses. Instead, the term «humus horizon» soil into account its chemical composition, physical structure, depth and suitability for plant growth that contributes to accurate final value qualification of the crime. Within the humus horizon of the soil can be allocated separate layers (pidhoryzonty), differing humus content, temperature, features flora and fauna. The top layer – humus-active (maybe arable (20–25 cm) or covered with turf (5 cm)), followed by a Humus and ultimately less Humus. Total thickness (depth of) humus horizon depends on the strength of transformative impact terrestrial climatic factors, plant roots and soil fauna. Thus, in the Carpathian Mountains, Carpathians and Transcarpathian region, the soil layer which is represented by brown, sod- brown, podzolic-hleyevymy, meadow brown acid soils capacity humus horizon is 41–70 cm in the forest-steppe zone occupied predominantly black and typical – 71–120 Heavy Duty cm horizons (more than 120 cm) are found only in neerodovaniy Pridneprovskaya valley. The steppe and dry steppe zones dominated by soils with a capacity of 41–70 cm humus horizon (black normal, usual thin, southern, dark chestnut and chestnut soils). Depending on the thickness of the layer removed is actually illegal land act qualifies as an administrative tort (removal of humus humusactive pidhoryzontu) or as the underlying offense (removal of all humus horizon or a large part, the lack of which entails a wind or water erosion). For exact qualifications offense should apply data monitoring land. The results of these and other monitoring studies provide an opportunity to the law enforcement authorities to correctly determine the thickness of illegally removed first (and currently, stress, absent) humus horizon. Accordingly, it provides an objective legal assessment committed unlawful acts. Playing major and crucial role in the ability of the soil to ensure the growth of plants, humus is a repository of sulfur, phosphorus, nitrogen, sol-elements. The quantity and quality of humus contents depend on the climatic conditions, the grain size of the soil (clay or silt content fractions), the origin of the soil type of natural vegetation (forest, stepova), redox conditions, and so on.
In addition to the power plant humus counts in the structure of soil structure as glues soil particles and forms a porous corns. The soil becomes loose, well let the water and the air, while holding them.