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LAW OF UKRAINE

of March 17, 2011 No. 3159-VI

About the moratorium on change of purpose of the separate parcels of land of recreational appointment in the cities and other settlements

(as amended of the Law of Ukraine of 23.02.2012 No. 4444-VI)

Task of this Law is prevention of mass manifestations of change of purpose and building of the separate parcels of land of recreational appointment irrespective of pattern of ownership in the cities and other settlements (green zones, green plantings, objects of physical culture and sport) that leads to deterioration in sanitary and hygienic, recreational and sports improving living conditions of citizens, and also physical and esthetic training of children and youth.

Article 1. Introduction of the moratorium on change of purpose of the separate parcels of land of recreational appointment

Impose the moratorium for a period of five years on change of purpose of the separate parcels of land of recreational appointment irrespective of pattern of ownership in the cities and other settlements, namely:

parcels of land of green zones and green plantings;

parcels of land of objects of physical culture and sport.

The moratorium provided by part one of this Article does not extend to the public relations which arise in case:

project implementations of complex reconstruction of quarters (residential districts) of obsolete housing stock;

alienations of the parcels of land of recreational appointment for public requirements or based on social necessity;

transfer into the ownership or in use of the parcels of land on projects of land management concerning assignment of such parcels of land with change of their purpose it agrees to the permissions to their development received in accordance with the established procedure before entry into force of this Law;

construction of facilities of town-planning it agrees to the permissions to change of type of use of the parcels of land specified in part one of this Article received in accordance with the established procedure before entry into force of this Law.

Article 2. Prohibition of destruction of objects of recreation

Prohibit liquidation and destruction of the objects of stationary recreation determined by the Land code of Ukraine, located on the parcels of land determined by article 1 of this Law except the cases connected with mitigation of consequences of emergency situations.

In case of the destruction of objects of stationary recreation irrespective of pattern of ownership connected with emergence of emergency situation, change of purpose of the parcels of land on which these objects were located is forbidden.

Article 3. Control of observance of the moratorium on change of purpose of the separate parcels of land of recreational appointment

Control of observance of the moratorium on change of purpose of the separate parcels of land of recreational appointment irrespective of pattern of ownership in the cities and other settlements and prohibition of liquidation and destruction of the objects of stationary recreation located on the parcels of land determined by article 1 of this Law except the cases connected with mitigation of consequences of emergency situations is performed by local government bodies, local executive bodies and the central executive bodies, concerning land resources, housing and communal services, ecology and natural resources by bodies which exercise the state control of use and protection of lands, within their powers determined by the law.

Article 4. Expansion of lands of recreational appointment

Local government bodies in case of decision making about development of town-planning documentation and its approval provide preserving and expansion for five percent at least than the land areas of recreational appointment.

Article 5. Final provisions

1. This Law becomes effective from the date of its publication.

2. To the Cabinet of Ministers of Ukraine:

within four months from the date of entry into force of this Law to draft the bill on lands of recreational appointment;

within three months from the date of entry into force of this Law to bring the regulatory legal acts into accord with this Law;

provide carrying out during 2011 to inventory count of the parcels of land of all patterns of ownership determined by article 1 of this Law except the parcels of land determined in Item 2 of the article 5 "Final provisions" of the Law of Ukraine "About the moratorium on removal of green plantings on separate subjects to improvement of green economy of Kiev";

provide till July 1, 2012 removal at cartographic materials of borders of the parcels of land of all patterns of ownership determined by article 1 of this Law except the parcels of land determined in Item 2 of the article 5 "Final provisions" of the Law of Ukraine "About the moratorium on removal of green plantings on separate subjects to improvement of green economy of Kiev".

 

President of Ukraine V. Yanukovych

 

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