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Ministry of Justice of Ukraine

December 21, 2004

No. 1618/10217

ORDER OF THE STATE COMMITTEE OF UKRAINE ON LAND RESOURCES

of December 3, 2004 No. 391

About approval of the Technique of conducting state examination of land management documentation

(The last edition from 17-05-2016)

In pursuance of the Law of Ukraine "About state examination of land management documentation" and according to the order of the Cabinet of Ministers of Ukraine of 14.07.2004 N 31034/1/1-04 PRIKAZYVAYU:

1. Approve the Technique of conducting state examination of land management documentation.

2. Bring the mentioned Technique to permission of management of Republican committee on land resources of the Autonomous Republic of Crimea, regional, Kiev and Sevastopol city head departments of land resources.

3. Declare invalid Goskomzem's order of 11.03.97 N 39 "About approval of the Regulations on implementation of the state land surveying", registered in Ministry of Justice of Ukraine on May 12, 1997 for N 171/1975.

4. To management of the state land surveying, regulation and licensing of works (Motsun O. I.) together with Legal management (Kalnichenko A. G.) submit this order on registration to the Ministry of Justice of Ukraine.

5. To impose control over the implementation of the order on the First Deputy Chairman of Committee Kulinich V. V.

Chairman of Committee

A. S. Danilenko

Approved by Goskomzem's Order of Ukraine of December 3, 2004 No. 391

Technique of conducting state examination of land management documentation

1. General provisions

1.1. This Technique determines organizational bases and requirements concerning the organization and conducting state examination of land management documentation, accounting in this sphere.

1.2. "About state examination of land management documentation" all land management documentation on land management, assessment of lands, and also documentation and materials of the state land cadastre which is developed at the state, regional and local levels by business entities which are developers of documentation on land management according to the Law of Ukraine "About land management" and subjects of estimative activities in the sphere of assessment of lands according to the Law of Ukraine "About assessment of lands is subject to state examination according to the Law of Ukraine".

1.3. General requirements to contents of documentation on land management, normative and expert money value of lands, the state land cadastre are determined by the corresponding regulatory legal acts.

1.4. The technique extends to contractors and customers of state examination, and also to developers of documentation on land management and subjects of estimative activities in the sphere of assessment
lands.

1.5. Customers of state examination are the subjects determined in part two of article 7 of the Law of Ukraine "About state examination of land management documentation".

1.6. Financing of conducting state examination is provided with her customer according to the law.

1.7. State examination is carried out taking into account requirements of the Land code of Ukraine, the Laws of Ukraine "About state examination of land management documentation", "About land management", "About assessment of lands", "About administrative services" other regulatory legal acts of Ukraine, standards concerning structure and contents of land management documentation.

1.8. Contractors of state examination prepare the conclusion of state examination.

1.9. State examination of land management documentation is carried out for the purpose of ensuring its compliance to requirements of the laws of Ukraine, other regulatory legal acts, to basic data and specifications concerning development of documentation.

The main tasks and the principles of state examination are determined by the Law of Ukraine "About state examination of land management documentation".

1.10. The law of Ukraine "About state examination of land management documentation" establishes such forms and types of state examination:

forms of state examination: obligatory, selective and voluntary;

types of state examination: primary, repeated and additional.

1.11. State examination is carried out before approval by public authorities, local self-government or owners of land of the corresponding land management documentation, or before decision making about acquisition, change and the termination of land rights and issues of the documents certifying the rights to it.

1.12. Action of this Technique does not extend to carrying out scientific and technical, ecological, judicial and other types of examinations.

2. Organization of conducting state examination

2.1. The organization and conducting state examination are performed:

State geoinventory;

territorial authorities of Gosgeokadastr in the Autonomous Republic of Crimea, areas, the cities of Kiev and Sevastopol.

2.2. The organization of conducting state examination for all forms and types is carried out by directly expert divisions as a part of executive bodies in the sphere of state examination.

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