of December 29, 2021 No. 1438
Some questions of realization of pilot project on entering into the State land cadastre of data on the parcels of land by the certified engineers land surveyors
According to the subitem 3 of Item 12 of the Section VII "Final and transitional provisions" of the Law of Ukraine "About the State land cadastre" the Cabinet of Ministers of Ukraine decides:
1. Enter till December 31, 2023 pilot project on entering into the State land cadastre of data on the parcels of land by the certified engineers land surveyors.
2. Approve the Procedure for realization of pilot project on entering into the State land cadastre of data on the parcels of land by the certified engineers land surveyors and requirements for carrying out monitoring of accomplishment by the certified engineers land surveyors of powers of the state cadastral registrars, and also procedure for appeal of decisions on entering of the data into the State land cadastre made by the certified engineers land surveyors within pilot project which is applied.
3. To public service concerning geodesy, cartography and the inventory according to the Procedure and requirements approved by Item 2 of this resolution to provide development and deployment of the software as a part of the State land cadastre necessary for accomplishment of this resolution.
4. To give to the Ministry of Agricultural Policy and Food by results of realization of pilot project on entering into the State land cadastre of data on the parcels of land by the certified engineers land surveyors till December 1, 2023. To the Cabinet of Ministers of Ukraine the bill concerning provision to the certified engineers land surveyors of the status of the state cadastral registrars.
Prime Minister of Ukraine
D. Shmygal
Approved by the Resolution of the Cabinet of Ministers of Ukraine of December 29, 2021 , No. 1438
1. These the Procedure and requirements according to the subitem 3 of Item 12 of the Section VII "Final and transitional provisions" of the Law of Ukraine "About the State land cadastre" (further - the Law) determine procedure for granting to persons who in the procedure established by the law are entered in the State register of the certified engineers land surveyors (further - the certified engineers land surveyors), of implementation and the termination of powers of the state cadastral registrars by them for realization of pilot project by entering into the State land cadastre of data on the parcels of land by the certified engineers land surveyors (further - pilot project).
2. For realization of pilot project treat powers of the state cadastral registrars which are performed by the certified engineers land surveyors:
1) entering into the State land cadastre of data (changes in them) or provision of refusal in introduction of data (changes in them) on the parcels of land (their part) located within the area, the city republican (Autonomous Republic of Crimea) or regional value, areas in Kiev and Sevastopol and also the cities, settlements, villages located in their limits;
2) registration implementation: statements for introduction of data (changes in them) in the State land cadastre; statements for withdrawal of statements for introduction of data (changes in them) in the State land cadastre; statements for state registration of the parcel of land; statements for introduction of data (changes in them) in the State land cadastre about borders of part of the parcel of land to which the rights of the sublease, the servitude extend;
3) implementation of state registration of the parcels of land, restrictions in their use, cancellations of such registration;
4) forming of land books on the parcels of land, entering of records into them, ensuring their storage;
5) assignment of cadastral numbers to the parcels of land;
6) conducting check of compliance of the submitted documents to requirements of the legislation;
7) provision of statements from the State land cadastre about the parcels of land for confirmation of entering of the corresponding data into the State land cadastre;
8) promulgation by means of the software of the State land cadastre on the official website of Gosgeokadastr of data concerning the objects specified in the subitem of 1 this Item.
3. The powers determined in Item of 2 these Procedures and requirements are performed by the certified engineers land surveyors: according to the Law and 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) (further - the Procedure for maintaining the State land cadastre); only concerning the parcels of land (their parts), developers of documentation on land management concerning which and responsible for quality of works on land management concerning which are the corresponding certified engineers land surveyors.
4. The certified engineers land surveyors independently determine possibility of implementation of the powers determined in Item of 2 these Procedures and requirements by them taking into account possibility of organizational and technical supply of their implementation.
5. The powers determined in Item of 2 these Procedures and requirements can be performed by exclusively certified engineers land surveyors who successfully passed training within pilot project according to Items 29 - 45 these About and requirements.
6. For implementation of the powers specified in Item of 2 these Procedures and requirements, the certified engineers land surveyors get access to the State land cadastre.
7. Provision of access to the certified engineers land surveyors to the State land cadastre is performed according to Item 188-1 of the Procedure for maintaining the State land cadastre.
8. The automated workplace of the certified engineer land surveyor as the user of the State land cadastre shall conform to requirements to the automated workplace of the user of the State land registry and the software according to appendix 57 to the Procedure for maintaining the State land cadastre. The administrator of the State land cadastre posts the specified requirements on the official website.
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