RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of July 25, 2007 No. 963

About approval of the Technique of the damage assessment caused owing to unauthorized occupation of the parcels of land, use of the parcels of land not on purpose, removals of soil cover (fertile layer of earth) without special permission

The Cabinet of Ministers of Ukraine decides:

Approve the Technique of the damage assessment caused owing to unauthorized occupation of the parcels of land, use of the parcels of land not on purpose, removals of soil cover (fertile layer of earth) without special permission which is applied.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of July 25, 2007 No. 963

Technique of the damage assessment caused owing to unauthorized occupation of the parcels of land, use of the parcels of land not on purpose, removals of soil cover (fertile layer of earth) without special permission

1. This Technique is directed to damage assessment, caused to the state, territorial communities, legal entities and physical persons, on all categories of lands owing to unauthorized occupation of the parcels of land, use of the parcels of land not on purpose, removals of soil cover (fertile layer of earth) without special permission (further - the extent of damage).

2. The extent of damage is determined separately by each of noted offenses.

3. The extent of damage does not include expenses on:

wrecking of houses, buildings and constructions which are samochinno constructed or are under construction on self-willedally busy parcels of land or on the parcels of land which are not taken away in accordance with the established procedure on this purpose;

reduction of the parcels of land in the condition suitable for their further use on purpose;

carrying out land reclamation.

4. The extent of the damage caused owing to unauthorized occupation of the parcel of land is determined:

for all categories of lands (except lands of housing and public building) on such formula:

where

Шс - the extent of the damage caused owing to unauthorized occupation of the parcel of land, hryvnias;

Пс - the area of self-willedally busy parcel of land, hectares;

NP - the annual average income which can be received from use of lands on purpose, determined in appendix 1, taking into account the lists given in appendices 2 and 3;

Кф - the coefficient of functional use of lands determined in appendix 4;

Kg - coefficient of indexation of normative money value of lands which is equal to the work of coefficients of indexation of normative money value of lands for 2007 and the next years which are determined according to the Procedure for carrying out indexation of money value of lands Approved by the resolution of the Cabinet of Ministers of Ukraine of May 12, 2000 N783 (The Official Bulletin of Ukraine, 2000, N 20, by the Art. 823);

for lands of housing and public building on such formula:

where

Шс, Ps, Kf and Ki - make the same sense, as in formula 1;

Oil refinery - the annual average income which can be received from use of lands of housing and public building on purpose according to group of settlements on number the population, determined in appendix 5;

KN - coefficient which is applied to settlements of regional value, of Kiev and Sevastopol, determined in appendix 6;

Кк - coefficient which is applied to settlements, carried to resort, determined in appendix 7.

5. The extent of the damage caused owing to use of the parcel of land not on purpose is determined:

for all categories of lands (except lands of housing and public building) on such formula:

where

Шц - the extent of the damage caused owing to use of the parcel of land not on purpose, hryvnias;

Monday - the area of the parcel of land which is used not for purpose, hectares;

0,33 - coefficient for accounting of share of the annual average income which is redistributed through state and local budgets;

NP and Ki - make the same sense, as in formula 1;

Нф - the annual average additional income gained owing to the actual use of the parcel of land not on purpose, determined in appendix 8;

The KR - coefficient which is applied to accounting of regional difference of forming of the annual average income gained from the actual use of the parcel of land not on purpose, determined in appendix 9;

To - coefficient which is applied to accounting of nature protection value, availability of restrictions (burdenings) which predetermine the specific mode of use of the parcel of land determined in appendix 10;

for lands of housing and public building on such formula:

where

Шц, Monday, Nf, the KR, To and 0,33 coefficient - have the same value, as in formula 3, of Ki - as in formula 1, of Oil refinery, KN, Kk - as in formula 2.

6. The extent of the damage caused owing to removal of soil cover (fertile layer of earth) without special permission is determined by such formula:

Шг - the extent of the damage caused owing to removal of soil cover (fertile layer of earth) without special permission, hryvnias;

Пг - the square on which removal of soil cover (fertile layer of earth) without special permission, hectares is revealed;

NG - the normative losses from destruction of soil cover (fertile layer of earth) determined in appendix 11;

The kg - makes the same sense, as in formula 1.

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