LAW OF UKRAINE

of June 19, 2003 No. 963-IV

About the state control of use and protection of lands

This Law determines legal, economic and social basis of the organization of implementation of the state control of use and protection of lands and is aimed at providing rational use, reproduction of natural resources and environmental protection.

Article 1. Determination of terms

In this Law the stated below terms are used in the following value:

agrochemical certification of lands of agricultural purpose - obligatory agrochemical inspection of soils with issue of the agrochemical passport of the field, the parcel of land in which initial and current levels of providing soils with nutrients, levels of their pollution are fixed by toxic substances and radionuclides;

pollution of lands - accumulating in soils and ground waters owing to anthropogenous impact of pesticides and agrochemicals, heavy metals, radionuclides and other substances which content exceeds natural background that leads to their quantitative or high-quality changes;

destruction of land marks - actions of citizens which led to loss in nature (on the area) borders of the parcel of land owing to what there is need for carrying out extra geodetic works on their recovery;

destruction or damage of antierosion hydraulic engineering constructions, protective plantings - the actions of citizens or officials leading to partial or complete damage of antierosion hydraulic engineering constructions or protective plantings, deterioration in their technical condition owing to what arises, the need for carrying out the extra works connected with protection of lands against water and wind erosion, other negative processes;

border of the parcel of land - the conditional closed broken line differentiating the parcels of land;

land mark - special sign of the established sample by which the location of rotary points of borders of the parcel of land is fixed in nature (on the area);

non-use of measures for fight against weeds - assumption of emergence of undesirable grassy vegetation which negatively influences development of cultural plants leads to distribution of wreckers and diseases or does not give the chance to use lands for designated purpose;

non-use of the parcel of land transferred under building, violation by person established in case of transfer into the ownership or in use of the parcel of land of deadlines of its building.

failure to meet requirements regarding use of lands on purpose - non-use of the parcel of land, except implementation of evidence-based project decisions, or the actual use of the parcel of land which does not correspond to its purpose established by transfer of the parcel of land to property or provision to use, including to lease, and also non-compliance with the mode of use of the parcel of land or its part in case of establishment of restrictions (burdenings);

failure to carry out of conditions of removal, preserving and drawing fertile layer of earth - failure to carry out or low-quality accomplishment of the obligatory measures provided by the project documentation approved according to the legislation for removal, preserving and drawing fertile layer of earth that led to its spoil or destruction;

not carrying out land reclamation - failure to carry out of complex of the organizational, technical and biotechnological measures directed to recovery of soil cover, improvement of condition and productivity of the broken lands according to the approved documentation on land management;

protection of lands - system of the legal, organizational, economic, technological and other measures directed to rational use of lands, the prevention of unreasonable withdrawal of lands of agricultural purpose for nonagricultural needs, protection against harmful anthropogenous effects, reproduction and increase in fertility of soils, increase in productivity of lands in forest fund, providing specific mode of use of lands nature protection, improving, recreational and historical and cultural appointment;

spoil of lands - the violation of natural condition of lands performed without the reasoned project decisions approved and approved in the procedure established by the legislation, pollution by their chemical, biological and radioactive materials including which are thrown out in atmospheric air, contamination by industrial, household and other wastes, the crude sewage, violation of fertile layer of earth, failure to meet requirements of the set mode of use of lands, and also use of lands by method which worsens their natural fertility;

placement, design, construction, enforcement of the objects which are negatively influencing condition of lands - mining, construction of treatment facilities, meliorative systems and other objects with violations of requirements of the land legislation of Ukraine, the approved documentation on land management which lead to erosion, mudflows, flooding, bogging, secondary salinization, redrainage, consolidation, spoil and pollution of lands, contamination waste and to other negative processes on that or other parcel of land, and also on the adjacent parcels of land that causes the necessity of establishment of restrictions (burdenings) of use of these lands;

unauthorized occupation of the parcel of land - any actions testimonial of the actual use of the parcel of land in the absence of the relevant decision of executive body or local government body about its transfer into the ownership or provision in use (lease) or in the absence of the committed transaction concerning such parcel of land, except for actions which according to the law are lawful.

Article 2. Main objectives of the state control of use and protection of lands

The main objectives of the state control of use and protection of lands are:

ensuring compliance by public authorities, local government bodies, physical persons and legal entities of the land legislation of Ukraine;

ensuring realization of state policy in the field of protection and rational use of lands;

the prevention to violations of the law of Ukraine in the field of use and protection of lands, timely identification of such violations and acceptance of adequate measures on their elimination;

ensuring compliance by owners of land and land users of standard rates in the field of protection and use of lands, the prevention of pollution of lands and decrease in fertility of soils, deterioration in condition of plant and animal life, water and other natural resources.

Article 3. Basic principles of implementation of the state control of use and protection of lands

The basic principles of implementation of the state control of use and protection of lands are:

ensuring rational use and protection of lands as the main national wealth which is under special protection of the state;

priority of requirements of ecological safety in use of land resources over economic interests;

full recovery of the harm done to the environment as a result of violation of the land legislation of Ukraine;

combination of measures of economic incentives and responsibility in the field of use and protection of lands.

Article 4. Earth as object of the state control and protection

Object of the state control of use and protection of lands are all lands within the territory of Ukraine.

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