of June 5, 2019 No. 476
About approval of the Procedure for carrying out inventory count of lands and recognition voided some resolutions of the Cabinet of Ministers of Ukraine
According to part three of article 35 of the Law of Ukraine "About land management" the Cabinet of Ministers of Ukraine decides:
1. Approve the Procedure for carrying out inventory count of lands which is applied.
2. 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 June 5, 2019 , No. 476
1. This Procedure determines requirements concerning carrying out inventory count of lands when implementing land management and creation by its results of technical documentation on land management concerning carrying out inventory count of lands (further - technical documentation).
2. Inventory count of lands is carried out for the purpose of establishment of location of objects of land management, their borders, the sizes, legal status, identification of lands which are not used, used irrationally or not on purpose, identification and preservation of the degraded agricultural holdings and contaminated land, establishment of quantity and quality characteristics of the lands necessary for maintaining the State land cadastre, implementation of the state control of use and protection of lands and acceptance on their basis of relevant decisions by executive bodies and local government bodies.
3. The state inventory count of lands is carried out by forming of the parcels of land irrespective of pattern of ownership, determination of their grounds and in case of need reference of such parcels of land to certain categories for information filling of the State land cadastre.
4. Inventory count of lands is carried out taking into account the principles of planned character, reliability and completeness of data, the sequence and commonality of the procedures this to availability of use of information base, generalization with respect for the single principles and technologies of their processing.
5. Objects of inventory count of lands are the territory of Ukraine, the territory of administrative and territorial units or their parts, array of lands of agricultural purpose, the separate parcels of land.
6. Inventory count of lands is made within administrative and territorial units, the territories which borders are determined by projects of forming of the territories and establishments of borders of village, settlement councils, arrays of lands of agricultural purpose, the separate parcels of land.
During inventory count of array of lands agricultural purpose the actions determined by article 35 of the Law of Ukraine "About land management" are performed.
7. Basic data for carrying out inventory count of lands is:
materials from the State fund of documentation on land management;
data from the State land cadastre in paper and electronic (digital) form, including the Land book; blotters of registration of the state acts for the property right to the earth and on the right of permanent use of the earth, land lease agreements; the electronic documents containing data on results of works on land management;
the town-planning documentation approved in the procedure established by the legislation;
planned cartographic materials, including the orthophotomaps constituted by results of performance of works according to the Agreement on loan ("Issue of the State Acts on the Property Right to the Earth in the Rural Zone and Development of System of the Inventory" project) between Ukraine and the International Bank for Reconstruction and Development of October 17, 2003 ratified by the Law of Ukraine of June 15, 2004 No. 1776-IV;
data from the State register of the corporeal rights to real estate;
copies of the documents certifying the corporeal rights to the parcel of land or confirming payment of the land tax.
During inventory count of lands materials of remote sensing of the earth, forest management, projects of creation of the territories and objects of natural and reserved fund, the scheme of forming of econetwork, the program in the field of forming, preserving and use of econetwork can be used.
8. The basis for carrying out inventory count of lands is the decision of the Verkhovna Rada of the Autonomous Republic of Crimea, relevant organ of the executive authority, Council of Ministers of the Autonomous Republic of Crimea or local government body on accomplishment of the corresponding works, the agreements signed between legal entities or physical persons (land owners and land users) and developers of technical documentation (further - contractors), judgments.
The basis for carrying out inventory count of array of lands agricultural purpose are:
for lands of state-owned property - the decision of executive body, authorized to perform the order the parcel of land;
in other cases - the decision of village, settlement, city council in the territory of which the array is located.
Carrying out the state inventory count of lands is provided by Gosgeokadastr or his territorial authority by adoption of the order on carrying out the state inventory count of lands.
10. Contractors are:
the legal entities having necessary technical and technological support and as a part of which at least two certified engineers land surveyors who are responsible for quality of works on land management work on principle place of employment;
physical persons entrepreneurs who have necessary technical and technological support and are the certified engineers land surveyors responsible for quality of works on land management.
11. For carrying out inventory count of lands the customer signs the agreement on development of technical documentation with the contractor.
The term of creation of technical documentation shall not exceed six months from the moment of the conclusion of the agreement.
12. Works on inventory count of lands include research, land and design and exploration work, creation and execution of technical documentation in paper and electronic (digital) form.
13. Research works include collection and the analysis by the contractor of basic data for carrying out inventory count of lands, creation of the working inventory plan.
The working inventory plan is constituted in case objects of inventory count is the territory of Ukraine, the territory of administrative and territorial units or their parts, array of lands of agricultural purpose.
The working inventory plan is not constituted in case of inventory count of the separate parcel of land (the separate parcels of land).
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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