RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of July 28, 2021 No. 821

About introduction of amendments to some acts of the Cabinet of Ministers of Ukraine

The Cabinet of Ministers of Ukraine decides:

1. Make changes which are applied to acts of the Cabinet of Ministers of Ukraine.

2. To provide to the Ministry of Agricultural Policy and Food together with Public service concerning geodesy, cartography and the inventory development and deployment of the software as a part of the State land cadastre necessary for implementation of this resolution.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of July 28, 2021 No. 821

Changes which are made to acts of the Cabinet of Ministers of Ukraine

1. In appendices 2 and 3 to the resolution of the Cabinet of Ministers of Ukraine of August 1, 2011 No. 835 "Some questions of provision by Public service concerning geodesy, cartography and the inventory and its territorial authorities of administrative services" (The Official Bulletin of Ukraine, 2011, No. 59, Art. 2374; 2012, No. 65, Art. 2669; 2015, No. 46, Art. 1472; 2019, No. 69, Art. 2414):

Item 3 of appendix 2 to exclude 1);

The word of "(use)" to exclude 2) in Item 17 of appendix 3.

2. According to the procedure of maintaining the State land cadastre, No. 1051 approved by the resolution of the Cabinet of Ministers of Ukraine of October 17, 2012 (The Official Bulletin of Ukraine, 2012, No. 89, Art. 3598; 2013, No. 80, Art. 2975; 2014, No. 97, Art. 2786; 2015, No. 46, Art. 1472, No. 79, Art. 2650; 2016, No. 2, Art. 102, No. 25, Art. 992; 2017, No. 9, Art. 280, No. 100, Art. 3069; 2018, No. 22, Art. 727, No. 72, Art. 2429; 2019, No. 47, Art. 1614, No. 69, Art. 2397; 2020, No. 4, Art. 198, No. 21, Art. 787, No. 84, Art. 2714):

1) in paragraph four of the subitem 1 of Item 6 of the word of "the earth within frontier" shall be replaced with words "frontier, lands in borders";

The subitem 4 of Item 20 to state 2) in the following edition:

"4) the bases for establishment of borders of cadastral zones and quarters (electronic copies of documents based on which such borders are established (the relevant orders of Gosgeokadastr and his territorial authorities, documents based on which the frontier, the relevant orders of Gosgeokadastr on entering into the State land cadastre of data (changes in them) on frontier, documentation on land management concerning establishment of borders of administrative and territorial units and the decision of authorized bodies on its approval is established).";

Item 21 to state 3) in the following edition:

"21. In the State land cadastre the following data on frontier are entered:

1) graphical representation of the line of frontier:

the rotary points of border which are consistently connected by lines;

coordinates of border markers and rotary points;

frontier extent (in general and certain sites);

2) full name of adjacent foreign states according to the State register of place names;

3) accounting numbers of the line of frontier according to appendix 2 and Item 28 of this Procedure;

4) information on documents based on which the frontier is established (in general and/or certain sites):

the name, date and number of the decision on approval of the document, the name of body which accepted it;

electronic copies of documents based on which the frontier is established;

5) data on demarcation (to redemarkation, delimitation) borders:

quantity of means of demarcation (redemarkation, delimitation) frontier (in general and certain sites);

installation date of each means of demarcation (redemarkation, delimitation) frontier;

coordinates of means of demarcation (redemarkation, delimitation) frontier;

information on documents based on which demarcation is carried out (redemarkation delimitation) frontier (in general and/or certain sites), including the name, date and number of the decision on demarcation (redemarkation, delimitation) borders, the name of body which accepted it;

electronic copies of documents based on which demarcation (redemarkation, delimitation) frontier is carried out.";

4) to add Item 22 with subitems 1-1, 6-2 and 6-3 of the following content:

"1-1) data of the State address register;";

"6-2) data on borders of the territories on which the parcels of land necessary for placement of objects concerning which according to the law compulsory acquisition of the parcels of land based on social necessity can be performed are located:

the name, code (number) of territorial zone according to appendix 2 and Item 28 of this Procedure;

data on objects which are supposed to be placed in the territory;

description of borders;

area;

information on documents based on which data on borders of the territory are entered in the State land cadastre;

6-3) data on borders of functional zones:

the name, code (number) of type of functional zone according to appendix 2 and Item 28 of this Procedure;

description of borders;

area;

information on documents based on which data on borders of functional zones are entered in the State land cadastre;";

5) in Item 24:

state subitem 2 in the following edition:

"2) location, including data of the State address register (in the presence);";

state subitem 10 in the following edition:

"10) purpose (category of lands, type of purpose of the parcel of land within certain category of lands):

category of lands according to the subitem 6 of Item 22 presents of the Procedure;

purpose according to appendices 58, 59, 60;";

add Item with subitems 10-2 and 10-3 of the following content:

"10-2) code (number) of the territory in which the parcels of land necessary for placement of objects concerning which according to the law compulsory acquisition of the parcels of land based on social necessity according to subitem 6-2 of Item 22 presents of the Procedure which part the parcel of land is can be performed are located;

10-3) code (number) of functional zone according to subitem 6-3 of Item 22 presents of the Procedure which part the parcel of land is;";

6) in Item 28:

add Item after the paragraph of third with the new paragraph of the following content:

"WOK value for functional zone is established according to appendices 1, of 58, 60.".

With respect thereto the fourth - the sixth to consider paragraphs respectively paragraphs the fifth - the seventh;

in paragraph six of the word and figures "code of the Qualifier of objects of the administrative-territorial device of Ukraine 014-97" shall be replaced with words group of companies "to the first ten figures of number of cadastral zone determined according to index cadastral maps (plans). The code of the Codifier of administrative and territorial units and the territories of territorial communities is applied after implementation of the corresponding functionality in the software of the State land cadastre";

7) in Item 36:

in paragraph one of the word "within frontier and administrative-territorial" shall be replaced with words "within the line of frontier and borders administrative-territorial";

in subitem 1 of the word "frontier borders," shall be replaced with words "lines of frontier, borders";

8) in the paragraph the second the subitem 1 of Item 37 and Item 40 of the word "frontier limits," shall be replaced with words "lines of frontier, to borders";

Item 45 to add 9) with subitems 10-2 and 10-3 of the following content:

"10-2) cards (plans) of the territories on which the parcels of land necessary for placement of objects concerning which according to the law compulsory acquisition of the parcels of land based on social necessity can be performed are located;

10-3) cards (plans) of borders of functional zones;";

   The word of "initials" shall be replaced with words 10) in Item 61 "initials/initial of own name";

11) in Item 69:

the paragraph one after words "works on" to add with words and figures ", or the owner (the manager, in the cases determined by the law - the user) the parcel of land in cases, the stipulated in Article 21 Law of Ukraine "About the State land cadastre";

state paragraph two in the following edition:

"The statement in paper form together with documentation on land management or assessment of lands, the electronic document and other documents specified in Items 91 - 129, 135 - 137 presents About, and in the cases determined by the legislation only the application is submitted by the applicant to the State cadastral registrar personally or goes the registered mail with the inventory of investment and the assurance of receipt, and the application is electronically directed by means of telecommunication communication with use of the Single state web portal of electronic services, including through the separate official web page of Gosgeokadastr (further - Gosgeokadastr's web page) who provides forming and filing of application.";

12) in Item 78:

in subitem 5 the word "location" shall be replaced with words "location";

in subitem 9 the word "initials" shall be replaced with words "initials/initial of own name";

The paragraph third the subitem 2 of Item 89 after words of "The state land cadastre" to add 13) with words ", including addresses of real estate units (in the presence)";

14) in Item 91:

state subitems 2 and 3 in the following edition:

"2) Gosgeokadastr's decision on introduction of data (changes in them) on frontier of the State land cadastre;

3) documents on demarcation (to redemarkation, delimitation) frontier;";

add Item with paragraphs of the following content:

"Gosgeokadastr's decision on introduction of data (changes in them) on frontier of the State land cadastre is made by the publication of the relevant order of Gosgeokadastr.

Development of the electronic document for introduction of data on limit of the State land registry is provided by Gosgeokadastr who approves such document.";

15) in Item 97:

add subitem 2 with the paragraph of the following content:

"index cadastral maps (plans), other official cartographic and archive materials (if borders of administrative and territorial unit are established before entry into force of the Law of Ukraine "About land management");";

add Item with subitems 5-2 and 5-3 of the following content:

"5-2) concerning data on borders of the territories on which the parcels of land necessary for placement of objects concerning which according to the law compulsory acquisition of the parcels of land based on social necessity can be performed are located, - the approved comprehensive plans of space development of the territories of territorial communities, master plans of settlements;

5-3) concerning data on borders of functional zones - the approved comprehensive plans of space development of the territories of territorial communities, master plans of settlements;";

add the subitem with the paragraph 6 following contents:

"working projects of land management;";

16) to add the Procedure with Item 97-1 of the following content:

"97-1. Data on borders of the functional zones determined before entry into force of the Law of Ukraine of June 17, 2020 No. 711-IX "About modification of some legal acts of Ukraine concerning planning of use of lands" in the approved town-planning documentation are introduced in the State land cadastre on the basis:

rather functional zones in borders of settlements - the plan of zoning (concerning the parcels of land on which detailed plans of the territories are not developed), the master plan of the settlement (in case of lack of the plan of zoning and if on the parcel of land the detailed plan of the territory is not developed), the detailed plan of the territory;

rather functional zones outside settlements - the detailed plan of the territory, and in case of its absence - town-planning documentation of the regional level.

The statement from the approved town-planning documentation specified in paragraphs second and third this Item issued by relevant organ of local self-government moves it to the state cadastral registrar electronically.

The statement from the approved town-planning documentation electronically is certified by means of the digital signature which is based on the qualified certificate according to requirements of the Law of Ukraine "About electronic confidential services", person who according to requirements of article 26 of the Law of Ukraine "About land management" is developer of town-planning documentation. Availability of the digital signature based on the qualified certificate according to requirements of the Law of Ukraine "About electronic confidential services" confirms compliance of the specified statement to the original of town-planning documentation in paper form.

Production of the statement from the approved town-planning documentation electronically is performed taking into account the following requirements:

image format - color;

permission - 300 dots per inch;

depth of color - at least 4 bits;

format of the ready file - PDF (with text content, not scanned images);

the file size - no more than 3 megabytes.

Quality of town-planning documentation electronically shall provide legible reading its content.";

 Item 102 to add 17) with subitem 1-1 of the following content:

"1-1) comprehensive plans of space development of the territories of territorial communities, master plans of settlements and detailed plans of the territories;";

Item 104 to add 18) with the paragraph of the following content:

"The data on restrictions in use of lands in the field of building provided by Classification of restrictions in use of lands which can be established by comprehensive plan of space development of the territory of territorial community with the master plan of the settlement, the detailed plan of the territory approved by the resolution of the Cabinet of Ministers of Ukraine of June 2, 2021 No. 654 (The Official Bulletin of Ukraine, 2021, 52, the Art. 3201) established before entry into force of the Law of Ukraine of June 17, 2020 No. 711-IX "About modification of some legal acts of Ukraine concerning planning of use of lands" in the approved town-planning documentation at the local level are introduced No. in the State land cadastre based on such documentation.";

19) Item 108 to add with the subitem 3 following of content:

"3) entering into the State land cadastre of data on borders of the territories on which the parcels of land necessary for placement of objects concerning which according to the law compulsory acquisition of the parcels of land based on social necessity can be performed are located.";

Item 110-2 after the paragraph of the nineteenth to add 20) with the new paragraph of the following content:

"By means of the software of the State land cadastre the certified engineer land surveyor in case of need performs the automated check of compliance of the electronic document containing data on results of works on land management, the established requirements for content, structure and technical characteristics to development of such document and data of the State land cadastre before filing of application about entering of the corresponding data into the State land cadastre. By results of check the electronic protocol of check with the description of mistakes is created (in the presence).".

With respect thereto the twentieth and twenty first to consider paragraphs respectively paragraphs the twenty first and twenty second;

Shall be replaced with words 21) in Item 118 of the word of "use type" "purpose type";

Item 121 to state 22) in the following edition:

"121. For entering into data on the parcel of land of changes concerning structure of grounds, normative money value, and also in data on borders of the parcel of land (in case of their establishment (recovery) on the actual use of the parcel of land) to the state cadastral registrar move:

1) the statement in form according to appendix 12;

2) the original of documentation on land management or assessment of lands which is the basis for introduction of such changes;

3) electronic document.";

23) to add the Procedure with Item 121-1 of the following content:

"121-1. Entering into data on the parcel of land of changes concerning its purpose is performed according to the Qualifier of types of purpose of the parcels of land, the Qualifier of types of functional purpose of the territories and ratios between them, and also the rules of their application given in appendices 58 - 60.

Entering into the State land cadastre of data on change of purpose of the parcel of land of agricultural, forestry and landscape purpose is performed on condition of provision by the owner (and for lands of the state-owned and utility property - the user) ensuring obligation fulfillment on compensation of losses of agricultural, forestry and landscape production, except the cases determined by the law in warranty type. The state cadastral registrar which enters data on change of purpose of such parcel of land in the State land cadastre by means of the software of the State land cadastre immediately notifies the organization which issued guarantee on approach of the basis for compensation of losses of agricultural, forestry and landscape production in form according to appendix 61.";

24) in Item 139:

in paragraph one to "location" shall be replaced with words the word to "location";

add Item with the paragraph of the following content:

"The notification on detection of mistake can be directed also electronically from the State agrarian register with use of the Single state web portal of electronic services, including through Gosgeokadastr's web page.";

 The second Item 139-1 the word to "location" shall be replaced with words 25) in the paragraph to "location";

 Item 162 after the paragraph of the seventh to add 26) with the new paragraph of the following content:

"Data on borders of the territories on which the parcels of land necessary for placement of objects concerning which according to the law compulsory acquisition of the parcels of land based on social necessity can be performed are located and borders of functional zones are provided in the form of the statement from the State land cadastre about lands in borders of the territory of administrative and territorial units.".

With respect thereto paragraphs of the eighth - to consider the fourteenth respectively paragraphs the ninth - the fifteenth;

Paragraph two of the subitem 1 of Item 163 after words "The public cadastral map" to add 27) with words ", being part of the software of the State land cadastre";

28) in the subitem 4 of Item 165:

add the subitem after the paragraph of third with paragraphs of the following content:

"borders of the territories on which the parcels of land necessary for placement of objects concerning which according to the law compulsory acquisition of the parcels of land based on social necessity can be performed are located;

borders of functional zones;".

With respect thereto the fourth - the eleventh to consider paragraphs respectively paragraphs the sixth - the thirteenth;

the thirteenth to exclude the paragraph;

29) in the subitem 4 of Item 170 the word "location" shall be replaced with words "location";

30) in paragraph ten of Item 171-1 of the word "the information system of Gosgeokadastr integrated with it provided in the form of the Internet page provides forming and filing of application (further - the Internet page)" shall be replaced with words "Gosgeokadastr's web page";

31) in the second offer of Item 176 of the word "The State Cadastral Registrar (the Administrator of the Center of Provision of Administrative Services, the Authorized Officer of Executive Body of Local Government Body) Certifies Own Qualified Digital Signature" shall be replaced with words "contains the exclusive reference on the State land cadastre";

32) in Item 181:

in paragraph five of the word and figures "The qualifier of objects of the administrative-territorial device of Ukraine of group of companies 014-97 (KOATUU)," to exclude;

add Item after the paragraph of the seventh with paragraphs of the following content:

"data on accounting numbers and borders of the territories on which the parcels of land necessary for placement of objects concerning which according to the law compulsory acquisition of the parcels of land based on social necessity can be performed are located;

data on accounting numbers and borders of functional zones;".

With respect thereto paragraphs of the eighth - to consider the thirteenth respectively paragraphs the tenth - the fifteenth;

in paragraphs the fourteenth and fifteenth the word "location" shall be replaced with words "location";

33) in Item 187:

in subitem 6 of the word "for receipt of the statement from the State land cadastre about such parcel of land" to exclude;

add Item with the subitem 7 of the following content:

"7) to private contractors, arbitration managers in case of execution of the powers.";

34) in Item 190:

state subitem 3 in the following edition:

"3) frontier (graphical representation of border, full name of adjacent foreign states, documents based on which the frontier is established demarcation (redemarkation, delimitation) of border is carried out);";

the subitem 4 after the words "in the State land cadastre)" to add with words ", borders of the territories on which the parcels of land necessary for placement of objects on which according to the law compulsory acquisition of the parcels of land based on social necessity can be performed are located (the name, code (number), zone borders, the description of borders, the area, data on objects which are supposed to be placed in the territory documents based on which data on territorial zone are entered in the State land cadastre), functional zones (the name, code (number), zone borders, the description of borders, the area, documents based on which data on functional zone are entered in the State land cadastre)";

in subitem 7:

the words "use type" shall be replaced with words "purpose type";

the word "location" shall be replaced with words "location";

after the words "which part the parcel of land is" to add with words ", data on borders of the territories on which the parcels of land necessary for placement of objects concerning which according to the law compulsory acquisition of the parcels of land based on social necessity which part the parcel of land, data on borders of functional zone which part the parcel of land is is can be performed are located";

add Item after the paragraph of the eighteenth with the new paragraph of the following content:

"To the subjects specified in the subitem 7 of Item 187 of this Procedure, access to the State land cadastre is provided to the data provided by the subitem 7 of this Item.".

With respect thereto the nineteenth to consider the paragraph the paragraph the twentieth;

35) in Item 195:

to add subitem 1 after the words "and editors without" with the word "need";

exclude subitem 2;

in the subitem 3 of figure "13 - 17" to replace with figures "9 - 13";

Item 196 to state 36) in the following edition:

"196. On the official website of Gosgeokadastr by means of technological and software of the State land cadastre data of the State land cadastre relatively will be promulgated:

1) cartographic basis;

2) index cadastral maps (plans);

3) frontier:

graphical representation of the line of frontier;

full name of the adjacent states;

coordinates of border markers and rotary points;

information on documents based on which the frontier is established;

data on demarcation (to redemarkation, delimitation) frontier;

4) lands within the territory of administrative and territorial units (The Autonomous Republic of Crimea, areas, of Kiev and Sevastopol, areas, the cities, settlements, villages, areas in the cities):

name of administrative and territorial unit;

data of the State address register;

description of borders of administrative and territorial unit;

acreage within the administrative and territorial unit territory;

full name of adjacent administrative and territorial units;

information on acts based on which borders of administrative and territorial units are established and changed;

data on category of lands within administrative and territorial unit:

- name, code (number), limits of category of lands;

- description of borders;

- area;

- information on documents based on which categories of lands are established;

data on array of lands of agricultural purpose:

- name, code (number);

- the description of the borders and grounds which are part of array;

- contours of grounds;

- area;

- information on the parcels of land which are part of array;

- information on documents based on which data on array are entered in the State land cadastre;

data on borders of the territory in which the parcels of land necessary for placement of objects concerning which according to the law compulsory acquisition of the parcels of land based on social necessity can be performed are located:

- name, code (number) of territorial zone;

- data on objects which are supposed to be placed in the territory;

- description of borders;

- area;

- information on documents based on which data on borders of the territory are entered in the State land cadastre;

data on borders of functional zones:

- name, code (number) of functional zone;

- description of borders;

- area;

- information on documents based on which data on borders of functional zone are entered in the State land cadastre;

data on administrative and territorial unit grounds:

- name, code (number);

- contours of grounds;

- area;

- information on documents based on which grounds are determined;

- information on quality characteristics of grounds;

data on economic and normative money value of lands within the administrative and territorial unit territory;

data on appraisal of quality of soils of administrative and territorial unit;

quality characteristics of land grounds (in general and on separate contours) according to the paragraph the sixth the subitem 7 of Item 22 presents of the Procedure;

5) restrictions in use of lands:

type;

description of borders;

area;

restriction content;

the description of rezhimoobrazuyushchy object - the contours, names and characteristics causing establishment of restrictions (in the presence of such object);

information on documents based on which restrictions in use of lands are set;

6) parcels of land:

cadastral number;

location, including data of the state address register (in the presence);

description of borders;

area;

measures of lines for perimeter;

coordinates of rotary points of borders;

data on binding of rotary points of borders to Items of the state geodetic network;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info