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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of May 7, 2022 No. 564

Some questions of maintaining and functioning of the state land cadastre in the conditions of warlike situation

According to articles 12-1, 20 of the Law of Ukraine "About legal regime of warlike situation", to the Presidential decree of Ukraine of February 24, 2022 "About introduction of warlike situation in Ukraine" the Cabinet of Ministers of Ukraine decides No. 64:

1. Determine that in the conditions of warlike situation in Ukraine and within one month from the date of its termination or cancellation entering into the State land cadastre of data (changes in them) on subjects of the State land registry and use of such data, including by access to the State land cadastre, promulgation of data of the State land cadastre, including through the Public cadastral map which is part of the software of the State land cadastre is provided taking into account the following features:

1) entering of data (changes in them) into the State land cadastre and provision of data on subjects of the state land registry are performed by exclusively state cadastral registrars of Public service concerning geodesy, cartography and the inventory and its territorial authorities (further - the state cadastral registrars) included in the list of the state cadastral registrars which in the conditions of warlike situation perform the powers determined by the Law of Ukraine "About the State land cadastre" which affirms Public service concerning geodesy, cartography and the inventory in coordination with the Ministry of Agricultural Policy and Food (further - the list). The list can provide restriction (conditions) of acceptance by the state cadastral registrars of decisions on introduction of data (changes in them) included in it in the State land cadastre, provisions of such data, and also refusal in introduction or provision of data, implementation of other powers determined by the Law of Ukraine "About the State land cadastre". Appropriate authority can be performed by the state cadastral registrars within the administrative and territorial units which are not included in the list of administrative and territorial units approved by Public service concerning geodesy, cartography and the inventory according to the subitem 1 of Item 2 of this resolution;

2) provision of data from the State land cadastre in the cases determined by the Law of Ukraine "About the State land cadastre" administrators of the centers of provision of administrative services according to the procedure established by the Law of Ukraine "About administrative services", or authorized officers of executive bodies and local government bodies which successfully passed training in the field of land relations within the territory of the corresponding administrative and territorial unit can be performed if such administrative and territorial unit is not included in the list of administrative and territorial units approved by Public service concerning geodesy, cartography and the inventory according to the subitem 1 of Item 2 of this resolution;

3) provision of access to the state land cadastre to users who had such access till February 24, 2022 is performed according to the decision of Public service concerning geodesy, cartography and the inventory based on appeals of such users to the specified service. Provision of access to the state land cadastre to other users is performed according to requirements of 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);

4) requirements of the legislation concerning promulgation on the official website of Public service concerning geodesy, cartography and the inventory, including through the Public cadastral map which is part of the software of the State land cadastre, cartographic basis, index cadastral maps (plans), basic, analytical, cadastral, information layers and all data of the State land cadastre provided by Articles 12 - 15 Laws of Ukraine "About the State land cadastre", in particular, in vector type, are not applied;

5) access to data of the State land cadastre on coordinates of rotary points of borders of subjects of the State land registry is provided through the official website of Public service concerning geodesy, cartography and the inventory according to the procedure, determined by the legislation, only to the state cadastral registrars which are included in the list, and also to persons who in the procedure established by the law are entered in the State register of the certified engineers land surveyors and the State register of the certified surveying engineers and are authorized on accomplishment during action of warlike situation in the corresponding territories of obsledovatelsky, prospecting, land works, in particular, for creation of documentation on land management;

6) data of the State land cadastre for physical persons and legal entities in the form of excerpts from the State land registry, vykopirovka from cartographic basis of the State land cadastre, the cadastral map (plan), copies of the documents created during maintaining the State land cadastre, in particular, of cadastral plans of the parcels of land are provided without data on coordinates of rotary points of borders of subjects of the State land registry;

7) in case of obtaining by Public service concerning geodesy, cartography and the inventory it is direct or from the Ministry of Agricultural Policy and Food, the regional, Kiev city, district military authorities of information on the facts of violations by the state cadastral registrar included in the list, restrictions (conditions) of decision making about entering of data (changes in them) into the State land cadastre, provisions of such data, and also refusal in introduction or provision of data, implementation of other powers determined by the Law of Ukraine "About the State land cadastre" and other violations of requirements of the legislation Public service concerning geodesy, cartography and the inventory makes the decision on temporary blocking of access for such state cadastral registrar to the state land cadastre for a period of up to seven days. Public service concerning geodesy, cartography and the inventory provides the corresponding order to the administrator of the State land cadastre instantly;

8) during the term specified in subitem 7 of this Item Public service concerning geodesy, cartography and the inventory considers the provided information and in coordination with the Ministry of Agricultural Policy and Food makes the final decision on renewal of access to such state cadastral registrar to the state land cadastre or its cancellation;

9) in case of identification by Public service concerning geodesy, cartography and the inventory of the facts of violation of requirements of Item 191 of 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, or other requirements by the user who got access to data of the State land cadastre by means of software of the State land cadastre with use of telecommunication channels and electronic identification using the qualified digital signature, for the purpose of independent viewing and use of such data electronically to the administrator of the State land cadastre instantly provides the order about the termination of access for the user to the State land cadastre;

10) the administrator of the state land cadastre in day of receipt of the decisions specified in subitems 7 - the 9th this Item, provides their immediate accomplishment;

11) payment of administrative collection for provision of data from the State land cadastre can be confirmed by the electronic copy (including screen copy) the relevant payment document. If the financial organization through which the payment is made provides possibility of conducting check of reliability of the relevant payment document, the state cadastral registrar, the administrator of the center of provision of administrative services or the authorized officer of executive body of local government body (if provision of such data is performed by such center or executive body of local government body), carries out such inspection;

12) the term determined by the legislation for entering of data by the state cadastral registrar (changes in them) into the State land cadastre and provisions of data on subjects of the State land registry, in particular, by administrators of the centers of provision of administrative services or authorized officers of executive bodies and local government bodies, is prolonged for time of its inadequate functioning confirmed with the administrator of the State land cadastre.

2. Determine that during warlike situation in Ukraine and one month from the date of its termination or cancellation:

1) access for users to the state land cadastre within administrative and territorial units which list affirms Public service concerning geodesy, cartography and the inventory in coordination with the Ministry of Agricultural Policy and Food stops. The list of administrative and territorial units within which access for users to the State land cadastre stops is determined taking into account the list of administrative and territorial units within which access for users to unified and state registers which holder is the Ministry of Justice, in the conditions of the warlike situation approved by the Ministry of Justice, the list of territorial communities which are located around carrying out military (fighting) operations or which are in temporary occupation, cordon (blocking) stops, the approved Ministry of questions of reintegration of temporarily occupied territories, and also the list of the territories in which are conducted conducted) fighting or temporarily occupied by paramilitary groups of the Russian Federation, approved by the Cabinet of Ministers of Ukraine according to the law;

2) within administrative and territorial units which are not included in the list approved by Public service concerning geodesy, cartography and the inventory according to subitem 1 of this Item access for users to the State land cadastre is provided taking into account the technical characteristics (opportunities) caused by conditions of warlike situation;

3) in case of temporary occupation of certain administrative and territorial unit of Ukraine by the state aggressor the administrator of the state land cadastre according to the corresponding order of Public service concerning geodesy, cartography and the inventory instantly stops access for users to the State land cadastre within the corresponding territory what in two-day time informs Public service concerning geodesy, cartography and the inventory on.

3. Bring in appendices 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, Art. 3598; 2020, No. 84, Art. 2714; 2021, No. 65, Art. 4117; 2022, No. 4, the Art. 191), changes which are applied.

4. To public service concerning geodesy, cartography and the inventory:

provide adoption of own acts necessary for implementation of this resolution;

together with the administrator of the State land cadastre to provide access for the state cadastral registrars, administrators of the centers of provision of administrative services or authorized officers of executive bodies of local government bodies, other users to the state land cadastre and development and deployment of the software as a part of the State land cadastre necessary for accomplishment of this resolution.

5. This resolution becomes effective from the date of its publication and is effective about day of the termination or cancellation of warlike situation and within one month after its termination or cancellation.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of May 7, 2022 No. 564

Changes which are made to appendices to the Procedure for maintaining the State land cadastre

1. In appendices 47 and 47-1:

1) to exclude such element:

"The information about person who is authorized to provide the information from the State land cadastre according to the law provided the statement from the State land cadastre about the parcel of land (in the presence)
Prepared the statement and provided	<initials/initial and surname of person who is authorized to provide the information from the State land cadastre according to the law/name of body which official prepares and provides the statement>";

Appendix to the statement from the state land cadastre about the parcel of land to state 2) in the following edition:

"Appendix to the statement from the State land cadastre about the parcel of land from ___ __________ 20 __ No. _____

Cadastral number of the parcel of land _________________

CADASTRAL PLAN OF THE PARCEL OF LAND

Symbols:	Description of borders:
____________________ ____________________ ____________________ ____________________ ____________________ ____________________	____________________ ____________________ ____________________ ____________________ ____________________ ____________________

Scale 1: _______

__________

It is created by means of the software of the State land cadastre.

COORDINATES OF ROTARY POINTS OF BORDERS OF THE PARCEL OF LAND

Number of point	Name of point	Distance (meters)	Coordinates (m)
			X	Y

Location
Purpose	Category of lands
	Purpose code
Area, hectares
Data on transfer in nature (on the area) borders	conservation zones, coastal protective strips and beach areas, zones of sanitary protection, sanitary protection zones and zones of specific mode of use of lands (in the presence)
	the parcel of land (in case of forming of the parcel of land)
Data on the established land marks (in case of forming of the parcel of land)

Developer of documentation on land management:	________________________________________ (surname, own name, middle name (in the presence) physical
	________________________________________ person/name of the legal entity)

__________

It is created by means of the software of the State land cadastre.

EXPLICATION OF LAND GROUNDS

In total lands, hectare	Including on land grounds, hectares:
	<name of ground>:	<name of ground>:	<name of ground>:	<name of ground>:	<name of ground>:	<name of ground>:
Area of the parcel of land, hectares: <total area of the parcel of land, hectares>	<area of ground, hectares>	<area of ground, hectares>	<area of ground, hectares>	<area of ground, hectares>	<area of ground, hectares>	<area of ground, hectares>
Including in the action area of restrictions, hectares: <the area in the action area of restrictions, hectares>	<area of ground, hectares>	<area of ground, hectares>	<area of ground, hectares>	<area of ground, hectares>	<area of ground, hectares>	<area of ground, hectares>

 

__________

It is created by means of the software of the State land cadastre.".

2. In appendix 47-2:

1) to exclude such element:

"The information about person who is authorized to provide the information from the State land cadastre according to the law and provided the statement from the State land cadastre about the parcel of land (in the presence)
Prepared the statement and provided	<surname and initials/initial of own name of person who is authorized to provide the information from the State land cadastre according to the law/name of body which official prepares and provides the statement>";

The words "Information About Person Who Constituted the Cadastral Plan of the Parcel of Land (in the Presence)", "Surname and Initials/initial of Own Name of Person Which Constituted the Cadastral Plan of the Parcel of Land" to exclude 2).

3. In appendix 47-3:

1) after element:

"Effective period of the act of provision of mountain branch

<the term for which operation of the act of provision of mountain branch is established>"

add appendix with such element:

"  ";

2) to exclude such element:

"The information about person who is authorized to provide the information from the State land cadastre according to the law and provided the statement from the State land cadastre about the parcel of land (in the presence)
Prepared the statement and provided	<surname and initials/initial of own name of person who is authorized to provide the information from the State land cadastre according to the law/name of body which official prepares and provides the statement>";

The words "Information About Person Who Constituted the Cadastral Plan of the Parcel of Land (in the Presence)", "Surname and Initials/initial of Own Name of Person Which Constituted the Cadastral Plan of the Parcel of Land" to exclude 3).

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