It is registered
Ministry of Justice of Ukraine
March 14, 2013
No. 412/22944
of February 25, 2013 No. 132
About approval of the Procedure for planning and implementation of control actions for questions of check of condition of observance by subjects of managing of requirements of the land legislation
According to Article 188 of the Land code of Ukraine, the Laws of Ukraine "About the basic principles of the state supervision (control) in the field of economic activity", "About the state control of use and protection of lands", "About protection of lands", subitem 7.44 of the subitem 7 of item 4 of the Regulations on the Ministry of Agricultural Policy and Food of Ukraine approved by the Presidential decree of Ukraine of April 23, 2011 No. 500, the Regulations on the State inspection of agricultural industry of Ukraine approved by the Presidential decree of Ukraine of April 13, 2011 No. 459, I ORDER:
1. Approve the Procedure for planning and implementation of control actions for questions of check of condition of observance by subjects of managing of requirements of the land legislation which is applied.
2. Recognize invalid:
Item 3 of the order of the State committee of Ukraine on land resources of April 28, 2009 No. 205 "About approval of the Instruction for registration by the state inspectors on control of use and protection of lands of Goszeminspektion and her territorial authorities of materials about administrative offenses and introduction of amendments to Goskomzem's order of 12.12.2003 No. 312", registered in the Ministry of Justice of Ukraine on May 25, 2009 for No. 460/16476.
3. To department of agriculture (Demidov O. A.) provide submission of this order in the procedure established by the legislation on state registration in the Ministry of Justice of Ukraine.
4. This order becomes effective from the date of its official publication.
5. To impose control over the implementation of this order on the deputy minister Senya O. V.
Minister
M. V. Prisyazhnyuk
Approved by the Order of the Ministry of Agricultural Policy and Food of Ukraine of February 25, 2013, No. 132
1.1. The state supervision (control) concerning check of condition of observance by subjects of managing of requirements of the land legislation is performed by the State inspection of agricultural industry of Ukraine and its territorial authorities (further - inspection bodies) according to Articles 15-2 and 188 of the Land code of Ukraine, Articles 5, of 6, of 9, 10 Laws of Ukraine "About the state control of use and protection of lands", articles 18-1 and 19 of the Law of Ukraine "About protection of lands", Items 4, 5 Regulations on the State inspection of the agricultural industry of Ukraine approved by the Presidential decree of Ukraine of April 13, 2011 No. 459, Items 4, 6 Regulations on the state inspection of agricultural industry in the Autonomous Republic of Crimea, areas, the cities of Kiev and Sevastopol the Ministry of Agricultural Policy and Food of Ukraine approved by the order of December 23, 2011 No. 770, registered in the Ministry of Justice of Ukraine on January 12, 2012 for No. 34/20347.
1.2. This Procedure determines the procedure of planning and implementation of planned and unplanned actions of the state supervision (control) concerning check of condition of observance by subjects of managing of requirements of the land legislation, use and protection of lands of all categories and patterns of ownership which are used by them in the course of conducting economic activity, determines organizational actions which need to be performed before conducting checks, general requirements to their implementation, and also requirements to registration of materials by results of performed.
1.3. Inspection bodies perform planned and unplanned actions of the state supervision (control).
1.4. Planned and unplanned actions are performed by conducting checks, inspections of the parcels of land.
1.5. This Procedure extends to subjects of managing whose economic activity is connected with use and protection of lands of all categories and patterns of ownership, regarding observance of requirements of the land legislation established by the legislation of procedure for use and protection of lands, and also of inspection bodies by them regarding observance by them determined by the Law of Ukraine "About the basic principles of the state supervision (control) in the field of economic activity" and this Procedure for procedures of implementation of planned and unplanned actions of the state supervision (control).
1.6. Subjects of managing which perform the economic activity connected with use of lands of all categories and patterns of ownership shall allow freely the state inspectors of agricultural industry (daleegosudarstvenny inspectors) for inspection of the parcels of land which are in their property or use, to provide for acquaintance and check documents which certify this right, and also other materials and information necessary for implementation of the state supervision (control) of use and protection of lands.
2.1. Planned events are held according to annual or quarter work plans which affirm the order of the relevant inspection organ till December 01 of year which precedes planned, or to the 25th day of the last month of quarter which precedes planned.
2.2. Annual and quarter work plans are constituted taking into account criteria by which the risk degree from implementation of economic activity and frequency of holding planned actions is estimated.
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Action of the document is cancelled since May 21, 2017 according to the Order of the Cabinet of Ministers of Ukraine of March 10, 2017 No. 169-r