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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of July 25, 2023 No. 766

Some questions of renewal of pilot project on entering into the State land cadastre of data on the parcels of land by the certified engineers land surveyors in the conditions of warlike situation

The Cabinet of Ministers of Ukraine decides:

1. Resume realization of pilot project on entering into the State land cadastre of data on the parcels of land by the certified engineers land surveyors, the Cabinet of Ministers of Ukraine entered by the resolution 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" (The Official Bulletin of Ukraine, 2022, No. 6, the Art. 345).

2. Determine that during warlike situation in Ukraine and within a month from the date of its termination or cancellation, but not later than till December 31, 2023, realization of pilot project is provided taking into account the following features:

1) the powers determined in Item 2 of the Procedure 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 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 approved by the resolution of the Cabinet of Ministers of Ukraine 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" (further - the Procedure and requirements), are performed by the certified engineers land surveyors included in the list of the certified engineers land surveyors which in the conditions of warlike situation perform appropriate authority that affirms Public service concerning geodesy, cartography and the inventory in coordination with the Ministry of Agricultural Policy and Food (further - the list). Appropriate authority is performed by the certified engineers land surveyors within the administrative and territorial units which are not relating to the territories in which active fighting or temporarily occupied, and taking into account requirements of subitems 7 and 9 of Item 1 of the 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" (The Official Bulletin of Ukraine, 2022 is conducted No. 41, of the Art. 2218);

2) entering of information about the certified engineer land surveyor into the list or provision of refusal in such introduction is performed by Public service concerning geodesy, cartography and the inventory in coordination with the Ministry of Agricultural Policy and Food after check of compliance of such certified engineer land surveyor to the requirements established by the legislation, including subitems 4 and 5 of this Item;

3) check of compliance of the certified engineer land surveyor to the requirements established by the legislation is carried out in time, not exceeding 15 working days from receipt date in Public service concerning geodesy, cartography and the inventory from such certified engineer land surveyor of the statement for provision of access to the State land cadastre for implementation of the powers determined in Item 2 of the Procedure and requirements together with the documents attached to it specified in the paragraph the second this subitem in paper or electronic form.

Filing of application about provision of access to the State land cadastre together with the reference of compliance of the automated workplace of the user and the certificate of results of training of the certified engineer land surveyor within pilot project on entering into the State land cadastre of data on the parcels of land by the certified engineers land surveyors is performed according to Items 7 and 43 of the Procedure and requirements.

The statement of the certified engineer land surveyor in which there are no data provided by 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, of the Art. 3598) (further - the Procedure for maintaining the State land cadastre), and/or the available contradictions between the corresponding data and documents attached to it remains without consideration about what Public service concerning geodesy, cartography and the inventory the letter reports the corresponding certified engineer land surveyor.

By results of consideration of the application Public service concerning geodesy, cartography and the inventory the letter reports to the corresponding certified engineer land surveyor about its compliance or discrepancy to the requirements established by the legislation, and on entering of the corresponding information about him into the list or on refusal in such introduction;

4) in addition to the requirements established by the legislation, the certified engineers land surveyors shall correspond to the following criteria:

length of service of the certified engineer land surveyor constitutes at least two years;

absence accepted by Public service concerning geodesy, cartography and the inventory of decisions on deprivation, cancellation, suspension of action of the qualification certificate of the certified bases engineer land surveyor, the determined Law of Ukraine "About land management";

the average number of documentation on land management by the certified engineer land surveyor developed and submitted for entering into the State land cadastre (except for the documentation on land management developed and submitted during the period of warlike situation) makes at least 100 in year;

5) the additional requirement to the automated workplace of the certified engineer land surveyor as the user of the State land cadastre is the static (allocated) IP address of the device (equipment) from which the certified engineer land surveyor provides implementation of the powers determined in Item 2 of the Procedure and requirements.

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