of June 17, 2004 No. 1808-IV
About state examination of land management documentation
This Law determines legal, organizational and financial basis of implementation of state examination of land management documentation and procedure for its carrying out.
State examination of land management documentation (further - state examination) is activities which purpose are researches, check, the analysis and assessment of objects of examination regarding their compliance to requirements of the legislation, to the established regulations and rules, and also preparation of the reasonable conclusions for decision making about objects of examination.
The legal basis of state examination of land management documentation the Constitution of Ukraine, the Land code of Ukraine, the Law of Ukraine "About land management" constitute, this Law, the laws of Ukraine and other regulatory legal acts governing the relations in the field of state examination.
This Law governs the relations arising when conducting state examination of land management documentation.
Operation of this Law does not extend to regulation of the relations connected with conducting scientific and technical examination, ecological, judicial and other types of examinations.
The main objectives of state examination are:
organization of complex, evidence-based assessment of objects of examination;
check of compliance of objects of state examination to requirements of the legislation, to the established regulations and rules;
introduction of advanced methods and improvement of quality of development of objects of state examination;
preparation of the objective and reasonable conclusions of state examination.
The basic principles of state examination are:
legality;
independence and competence when conducting state examination;
objectivity of researches of objects of state examination;
completeness of the analysis and justification of the conclusions of state examination;
accounting of achievements of scientific and technical progress, the established regulations and rules of technical and ecological safety, other regulatory legal acts, international agreements;
responsibility for reliability and completeness of the analysis, justification of the conclusions of state examination.
Objects of state examination is documentation on land management and documentation on assessment of lands which types are determined by the law, and also materials and documentation of the state land cadastre.
Subjects of state examination are customers and contractors.
Customers of state examination are executive bodies and local government bodies, land owners, land users, the companies, organizations, the organizations and the citizens interested in conducting such examination and also developers of objects of state examination.
Contractors of state examination are the experts who are working as a part of specially authorized body of the executive authority in the field of state examination and having high qualification and special knowledge and also highly qualified specialists or scientists who are involved by these bodies in its carrying out according to the law (further - experts of state examination).
State examination is carried out in obligatory, selective and voluntary forms.
Are subject to obligatory state examination:
the paragraph two is excluded;
schemes of land management and feasibility statements on use and protection of lands of administrative and territorial units;
projects of land management on establishment (change) of borders of administrative and territorial units;
projects of land management on the organization and establishment of borders of the territories of natural and reserved fund and other nature protection appointment, improving, recreational, historical and cultural, forestry and landscape appointment, lands of water fund and the water protection zones, restrictions in use of lands and their rezhimoobrazuyushchy objects;
the paragraph of the sixth part one of Article 9 is excluded according to the Law of Ukraine of 06.09.2012 No. 5245-VI
projects of land management concerning assignment of the parcels of land of especially valuable lands, lands of forestry and landscape appointment, and also lands of water fund, nature protection, improving, recreational and historical and cultural appointment;
the paragraph of the eighth is excluded;
projects of land management on streamlining of the territory of settlements;
projects of land management on privatization of lands of the state and utility agricultural enterprises, organizations and organizations;
technical documentation on land management concerning inventory count of lands in case of forming of the parcels of land at the expense of especially valuable lands, lands of forest fund, and also lands of water fund, nature protection, improving, recreational and historical and cultural appointment;
technical documentation on site class determination of soil, normative money value of the parcels of land.
Selective state examination is carried out at the initiative of specially authorized body of the executive authority in the field of state examination concerning the objects which are not subject to obligatory examination.
Selective state examination cannot exceed 10 percent of objects which are subject to it, on each developer.
In case of identification of violations of the land legislation by developers of objects of state examination the quantity of the objects which are subject to state examination is determined by body which performs it.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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The document ceased to be valid since May 27, 2021 according to Item 3 of the Section II of the Law of Ukraine of April 28, 2021 No. 1423-IX