RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of February 7, 2018 No. 105

About carrying out national (All-Ukrainian) normative money value of lands agricultural purpose and introduction of amendments to some resolutions of the Cabinet of Ministers of Ukraine

According to Item 11 of the Section "Final provisions" of the Law of Ukraine "About the Government budget of Ukraine for 2018" the Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure for carrying out national (All-Ukrainian) normative money value of lands for agricultural purpose it (is applied).

2. Carry out national (All-Ukrainian) normative money value of lands of agricultural purpose in 2018.

3. Make changes which are applied to resolutions of the Cabinet of Ministers of Ukraine.

4. To provide to the Ministry of Agricultural Policy and Food, Public service concerning geodesy, cartography and the inventory carrying out till August 31, 2018 national (All-Ukrainian) normative money value of lands of agricultural purpose.

5. To the Ministry of Agricultural Policy and Food to bring in three-months time own regulatory legal acts into accord with this resolution.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of February 7, 2018 , No. 105

Procedure for carrying out national (All-Ukrainian) normative money value of lands for agricultural purpose

1. This Procedure determines the procedure of carrying out national (All-Ukrainian) normative money value of lands of agricultural purpose.

2. In this Procedure baking plate national (All-Ukrainian) normative money value of lands of agricultural purpose (further - assessment) it is necessary to understand normative money assessment of lands of agricultural purpose which is carried out at the same time in all territory of Ukraine.

Other terms are used in the value given in the Laws of Ukraine "About the State land cadastre", "About assessment of lands".

3. Assessment is carried out according to the Technique of the normative money value of lands of agricultural purpose approved by the resolution of the Cabinet of Ministers of Ukraine of November 16, 2016 No. 831 (The Official Bulletin of Ukraine, 2016, No. 93, the Art. 3040).

4. Assessment is carried out by the representative Gosgeokadastr on implementation of the actions provided by the budget program "Holding Land Reform", subject of managing to which budgetary funds on irretrievable basis within budgetary appropriations are provided and which is subject of estimative activities according to Article 6 and taking into account requirements of part three of article 18 of the Law of Ukraine "About assessment of lands" (further - the contractor).

5. Object of assessment are the earth of agricultural purpose irrespective of pattern of ownership within the territory of natural agricultural regions (including mountain natural agricultural regions of the Autonomous Republic of Crimea, areas, except lands of agricultural purpose within settlements which assessment is carried out according to the Technique of the normative money value of lands of settlements approved by the resolution of the Cabinet of Ministers of Ukraine of March 23, 1995 No. 213 (ZP of Ukraine, 1995, No. 6, Art. 151; Official Bulletin of Ukraine, 2004, No. 27, Art. 1782; 2016, No. 93, Art. 3040).

6. Basic data for evaluating are:

data of the State land cadastre;

materials from the State fund of documentation on land management;

materials of natural agricultural zoning and bonitation of soils by agricultural holdings, economic evaluation of lands;

soil inspections of last years.

7. Assessment includes preparatory work, soil inspections (in case of need), cameral works and creation by results of evaluating technical documentation on national (All-Ukrainian) normative money value of lands of agricultural purpose (further - technical documentation).

8. Preparatory work provides implementation by the contractor of collection and the analysis of basic data for evaluating.

9. In case of need amendments of agroproduction groups of soils during evaluating are performed soil inspections, except cases of arrangement of lands in temporarily occupied territory and in the territory of certain areas, the cities, settlements and villages where public authorities temporarily do not perform the powers, and in the settlements located on the line of contact.

10. Cameral works provide data processing, collected and analyzed during preparatory work, processing of materials of refining of agroproduction groups of soils (in case of need), creation of the scheme (card) of natural agricultural zoning of lands and cartogram of distribution of agroproduction groups of soils, creation of scales of normative money value of agroproduction groups of soils of agricultural holdings, and also creation of the electronic document.

Calculations during evaluating in temporarily occupied territory and in the territory of certain areas, the cities, settlements and villages where public authorities temporarily do not perform the powers, and in the settlements located on the line of contact are performed on the available basic data.

11. Technical documentation consists from:

explanatory note;

tasks for performance of works;

schemes (card) of natural agricultural zoning of lands;

cartograms of distribution of agroproduction groups of soils;

scales of normative money value of agroproduction groups of soils of agricultural holdings;

electronic document and electronic copy of technical documentation.

12. The explanatory note includes the description of natural agricultural zoning, agroclimatic conditions, the main characteristics of soil covering, the description of the used materials of soil reconnaissances of last years and the performed works with their refining (in case of need), the description of the carried-out calculations and their results.

13. The task for performance of works, specified in Items 7 and 9 of this Procedure, determines the procedure of evaluating and registration of its results, terms of development of technical documentation.

The task affirms Gosgeokadastr.

14. On cartographic materials (cartograms of distribution of agroproduction groups of soils of agricultural holdings) borders of natural agricultural regions and border of distribution of agroproduction groups of soils are displayed.

Cartographic materials are constituted in the following scales:

electronically - at least 1:10000;

in paper form - at least 1:500000.

15. Technical documentation is constituted in paper and electronic form.

For the purpose of introduction of data on normative money value of the lands of agricultural purpose received as a result of evaluating, the contractor creates the electronic document according to the Procedure for maintaining the State land cadastre approved by the resolution of the Cabinet of Ministers of Ukraine of October 17, 2012 No. 1051 (The Official Bulletin of Ukraine, 2012, No. 89, the Art. 3598).

16. The contractor in case of development of technical documentation constitutes it separate volumes for the Autonomous Republic of Crimea and each area.

17. Technical documentation is subject to obligatory state expertize which is carried out by Gosgeokadastr according to the Law of Ukraine "About state examination of land management documentation".

Technical documentation with the positive conclusion of state examination in ten-day time is sent by mail together with the cover letter in Minagropolitiki for approval.

18. Minagropolitiki within three months from the date of registration of technical documentation performs consideration of technical documentation and makes the decision on its approval or on refusal in its approval.

The decision on approval of technical documentation or on refusal in its approval is accepted by the publication of the relevant order.

The basis for refusal in approval of technical documentation is its discrepancy to requirements of the legislation.

The decision on refusal in approval of technical documentation goes by mail to Gosgeokadastr within three months from the date of registration. In case the refusal is reasonable, Gosgeokadastr in five-day time from the date of registration of the relevant decision returns technical documentation to the contractor for completion.

19. If technical documentation is not approved by Minagropolitiki within three months from the date of registration, it is considered approved.

20. The approved technical documentation within five working days from the date of approval is submitted to Minagropolitiki Gosudarstvenny to the cadastral registrar Gosgeokadastr together with the statement for introduction of data on evaluating Gosudarstvenny of land cadastre. The materials provided by Items 69 and 96 of the Procedure for maintaining Gosudarstvenny of the land cadastre approved by the resolution of the Cabinet of Ministers of Ukraine of October 17, 2012 No. 1051 are enclosed to the application.

21. The state cadastral registrar Gosgeokadastra brings in time, determined by part fourteen of article 21 of the Law of Ukraine "About the State land cadastre", data on assessment of the State land cadastre.

22. Data on normative money value of the separate parcel of land are drawn up as extraction from technical documentation in form according to appendix 3 to the Procedure for normative money value of lands for agricultural purpose approved by Minagropolitiki's order of May 23, 2017 No. 262.

23. Assessment is carried out taking into account the terms determined by part two of article 18 of the Law of Ukraine "About assessment of lands".

24. Technical documentation on normative money value of the parcel of land of agricultural purpose which is developed and approved by the decision of local government body and data on which are entered in the State land cadastre before approval of technical documentation, is effective during the term determined by part two of article 18 of the Law of Ukraine "About assessment of lands".

The owner or the land user of the parcel of land of agricultural purpose of private property can order carrying out normative money value of the separate parcel of land according to the procedure, provided by part two of article 15 of the Law of Ukraine "About assessment of lands". Otherwise for determination of normative money value of the parcel of land of agricultural purpose of private property data on assessment are used.

If technical documentation on normative money value of the parcel of land of agricultural purpose is developed, but is not approved by the decision of local government body, and/or data on such assessment are not entered in the State land cadastre before approval of technical documentation, the State land cadastre are subject to introduction and data on assessment are used.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of February 7, 2018 No. 105

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