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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

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

(as amended of the Resolution of the Cabinet of Ministers of Ukraine of 20.10.2021 No. 1098)

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

V. Groysman

Approved by the Resolution of the Cabinet of Ministers of Ukraine of June 5, 2019 , No. 476

Procedure for carrying out inventory count of lands

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, including the state inventory count of lands and the parcels of land, (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, establishments of quantity and quality characteristics of the lands necessary for maintaining the State land cadastre, identification and error correction in data of the State land cadastre, implementation of the state control of use and protection of lands and acceptances on their basis of relevant decisions by executive bodies and local government bodies.

3. The state inventory count of lands and the parcels of land - inventory count of lands which is carried out for the purpose of forming of the parcels of land of all patterns 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, the state inventory count of lands and the parcels of land 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.

Objects of the state inventory count of lands and the parcels of land are not created parcels of land and the parcels of land, data on which are absent in the State land cadastre.

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.

The state inventory count of lands and the parcels of land is carried out in borders of administrative and territorial units of certain lands and the parcels of land.

7. Basic data for carrying out inventory count of lands, the state inventory count of lands and the parcels of land are:

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 except carrying out the state inventory count of lands and the parcels of land;

data from the State register of the corporeal rights to real estate;

copies of the documents confirming the corporeal rights to the parcel of land or confirming payment of the land tax;

Gosgeokadastr's order or territorial authority of Gosgeokadastr (in case of carrying out the state inventory count of lands and the parcels of land);

graphical materials of relevant organ of the executive authority or local government body according to the powers determined by Article 122 of the Land code of Ukraine whom the works location on the state inventory count of lands, the approximate area and cadastral number of the adjacent parcel of land is specified (in case of carrying out the state inventory count of lands and the parcels of land).

During inventory count of lands, the state inventory count of lands and the parcels of land 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 owners (managers) of the parcels of land or the decision of village, settlement, city councils. The decision on development of technical documentation on land management concerning inventory count of array of lands of agricultural purpose is made according to the procedure, determined by article 35 of the Law of Ukraine "About land management.

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 which represents the interests of territorial community, in the territory of which the array is located.

Inventory count of array of lands of agricultural purpose which at least 75 percent of lands belong to one or several persons on the property right or uses can be carried out in the absence of the decision of executive body, authorized to perform the order the parcel of land or decisions of village, settlement, city council which represents the interests of territorial community in the territory of which the array is located.

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