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Ministry of Justice of Ukraine
July 11, 2022
No. 760/38096
of June 23, 2022 No. 159
About approval of the Procedure for issue of special permissions to accomplishment of land researches during action of warlike situation, their accounting and storage
According to requirements of article 10 of the Law of Ukraine "About the Security Service of Ukraine", the subitem 19 of Item 27 of the Section X "Transitional provisions" of the Land code of Ukraine I order:
1. Approve the Procedure for issue of special permissions to accomplishment of land researches during action of warlike situation, their accounting and storage which is applied.
2. To provide to heads of department of legal support and Department of protection of national statehood of the Security Service of Ukraine submission of this order on state registration in the Ministry of Justice of Ukraine in the procedure established by the legislation.
3. This order becomes effective from the date of its official publication.
Chairman of Service
I. Bakanov
Approved by the Order of the Central management of the Security Service of Ukraine of June 23, 2022, No. 159
1. This Procedure determines the mechanism of issue by the Security Service of Ukraine (further - the SSU) special permission to accomplishment of land researches during action of warlike situation (appendix 1) (further - special permission) to the certified engineers land surveyors and/or the certified surveying engineers (further - the applicant) based on the provided petitions, its accounting and storage.
2. Coordination and monitoring of objectivity of consideration of petitions for receipt of special permission to accomplishment of land researches during action of warlike situation (appendix 2) (further - the petition) and correctness of provision of special permissions by regional bodies of the SSU exercises Head department of counterprospecting providing critical infrastructure and counteraction to financing of terrorism of Department of protection of national statehood of the SSU in interaction with Department of counterprospecting protection of interests of the state in the field of information security of the SSU.
3. Powers on processing of petitions in regional body are conferred to department of counterprospecting providing critical infrastructure and counteraction to terrorism financing (further - department of "I") the relevant regional organ of the SSU. Such study of petitions is performed in interaction with department of counterprospecting protection of interests of the state in the field of information security of regional body of the SSU.
4. Special permissions have the right to sign the head of regional body of the SSU, and in its absence person fulfilling its duties.
5. Special permission is issued on condition of submission of all necessary documents.
Special permission is issued by that regional body of the SSU which performed and where accomplishment of land researches is planned.
One special permission is provided on the area (areas) within one area where accomplishment of land researches is planned.
It is forbidden to issue special permission to accomplishment of land researches in several areas.
1. For accomplishment (carrying out) during action of warlike situation in the corresponding territories of obsledovatelsky, prospecting, land works, including for creation of documentation on land management, use of the geodetic equipment (geodetic GNSS-receivers, electronic tacheometers, theodolites), to use geodetic and cartographic supplied, the information on coordinates of Items of the State geodetic network, and also provision of data on coordinates of rotary points of borders of subjects of the State land registry, the applicant provides the petition in the relevant regional organ of the SSU and provides the statement consent on processing, storage and use of personal data (appendix 3). The specified documents are filed in paper form purposely or means of mail service.
The petition of the applicant shall contain:
1) place of employment;
2) area (areas) of accomplishment of land researches;
3) residential address and contact phone numbers;
4) verified copies:
passports of the citizen of Ukraine;
certificates of assignment of registration number of accounting card of the taxpayer (except physical persons which because of the religious beliefs refused adoption of registration number of accounting card of the taxpayer according to the law);
qualification certificate.
2. Check of the applicant is performed by regional bodies of the SSU within 10 days from the date of submission of the petition and the documents attached to it.
Check is performed regarding completeness and reliability of the submitted documents and possible participation of the applicant in activities to the detriment of interests of homeland security of Ukraine.
3. After conducting check and in the absence of obstacles for its issue special permission is signed by the official determined in item 4 of the Section I of this Procedure, sealed official the relevant regional organ of the SSU and issued to the applicant.
In issue of special permission the relevant regional organ of the SSU notifies the applicant within 3 working days from the date of adoption of such decision on refusal.
The decision on refusal in provision of special permission can be appealed in court in the procedure established by the legislation.
4. The basis for issue of the duplicate of special permission is its loss or damage.
In case of loss of the form of special permission the applicant shall within 5 working days from the date of its loss submit the corresponding application to regional body of the SSU for issue of the duplicate of special permission.
In case of damage of the form of special permission the applicant submits the application for issue of the duplicate of special permission and the form of special permission, unsuitable for use, to regional body of the SSU. The damaged special permission is destroyed according to requirements of the current legislation.
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