of November 8, 2017 No. 836
About approval of the Preservation scheme of geodetic Items
According to articles 7 and 22 of the Law of Ukraine "About land and cartographic activities" the Cabinet of Ministers of Ukraine decides:
1. Approve the Preservation scheme of geodetic Items which is applied.
2. Make changes which are applied to resolutions of the Cabinet of Ministers of Ukraine.
3. Recognize invalid resolutions of the Cabinet of Ministers of Ukraine according to the list which is attached.
Prime Minister of Ukraine
Approved by the Resolution of the Cabinet of Ministers of Ukraine of November 8, 2017 , No. 836
1. This Procedure determines the mechanism and the mode of protection of geodetic Items.
The terms used in this Procedure are used in the value given in the Laws of Ukraine "About land and cartographic activities", "About the State land cadastre", the Procedure for creation of the State geodetic network approved by the resolution of the Cabinet of Ministers of Ukraine of August 7, 2013 No. 646 "Some questions of realization of part one of article 12 of the Law of Ukraine "On land and cartographic activities" (The Official Bulletin of Ukraine, 2013, No. 70, the Art. 2571).
2. Geodetic Item - the device and (or) construction for designation on the area of points of the land surface with the known coordinates and heights. Fixing of geodetic Items on the area is performed by special engineering devices and constructions which the centers and external signs of triangulation, GPS network, polygonometry including wall, and also leveling network treat.
3. Demolition or relaying of geodetic Items is performed only in coordination with Gosgeokadastr.
4. Coordination of performance of works on demolition or relaying of geodetic Items is performed by Gosgeokadastr in time, not exceeding 30 calendar days from the date of registration of a statement, on a grant basis.
5. The parcels of land on which geodetic Items are located with strip of the earth one meter wide along borders of geodetic Items are conservation zones of these Items.
Borders of geodetic Items are equipped by dyking, enclosing or creation of shaft from stones, and in case of their absence - on basis of columns of external geodetic sign (signal, pyramid or tour).
6. In conservation zones it is forbidden:
perform various economic works (to warehouse materials, to contain the cattle, to make fire, etc.) and to do any harm to geodetic Items;
perform works which can negatively affect condition of geodetic Items.
7. Protection of geodetic Items provides:
accounting of geodetic Items;
transfer to users (owners) of the parcels of land of geodetic Items for storage;
inspection and recovery of geodetic Items;
state supervision of the mode of protection of geodetic Items;
responsibility for violation of requirements for protection of geodetic Items.
8. Accounting of geodetic Items is performed by Gosgeokadastr by maintaining the database of geodetic Items. Forming of the list and summary inventory report of the geodetic Items which are subject to accounting is performed by the companies which belong to the sphere of management of Gosgeokadastr (further - the companies).
9. The companies transfer geodetic Items of the State geodetic network, including networks of condensation, according to the agreement on transfer of geodetic Items for storage to users (owners) of the parcels of land in the territory of which they are located, in the form approved by Ministry of Economics.
The agreement is signed in duplicate between the company and the user (owner) of the parcel of land in the territory of which the geodetic Item is located.
Transfer of geodetic Items of the State geodetic network 1, 2 and 3 classes for storage is performed on the place of their arrangement with participation of the user (owner) of the parcel of land and Gosgeokadastr, and geodetic Items of networks of condensation - the user (owner) of the parcel of land and territorial authorities Gosgeokadastra.
10. Inspection of geodetic Items of the State geodetic network and their recovery are performed according to the procedure, the established Ministry of Economics, taking into account the following requirements:
periodic inspection and recovery of geodetic Items is performed in case of need, but at least once in 10 years, and in the territory of the cities and zones of vigorous economic activity - at least once in five years;
systematic inspection and recovery of geodetic Items is performed by contractors of geodetic works in the separate territories during accomplishment of land works, land cadastral survey, engineering and geodetic researches connected with use of geodetic Items;
periodic inspection and recovery of geodetic Items is performed by the companies;
results of the performed works on inspection and recovery of geodetic Items are brought in card of construction, inspection and recovery of geodetic Item which form affirms Ministry of Economics.
The card of construction, inspection and recovery of geodetic Item is made in triplicate and transferred:
the first - in the State kartografo-geodetic fund of Ukraine;
the second - to the administrator of bank of geodetic data for modification of the database of geodetic Items;
third - remains at the contractor.
In the course of periodic inspection of geodetic Items Gosgeokadastr and his territorial authorities provide implementation of the following events:
check of compliance of technical condition of geodetic Item of the specifications and technical documentation;
establishment of requirements for maintenance of geodetic Item in the technical condition serviceable;
analysis of results of supervising activities and development of actions for its enhancement;
forming and maintaining database of geodetic Items.
11. The companies provide content of geodetic Items, and also their maintenance in the condition necessary for reduction in readiness for proper use in time, determined by cards of construction, inspection and recovery of geodetic Items.
12. The expenses connected with periodic inspection and recovery of geodetic Items and their content are performed at the expense of the means of the Government budget of Ukraine and other sources which are not forbidden by the legislation.
13. The state supervision of the mode of protection of geodetic Items is exercised by Gosgeokadastr according to the procedure, established by the law.
14. Persons guilty of violation of requirements for protection of geodetic Items bear responsibility according to the legislation.
Approved by the Resolution of the Cabinet of Ministers of Ukraine of November 8, 2017 No. 836
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