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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of June 5, 2013 No. 398

About approval of the Procedure for recognition of the status of self-regulatory organizations in the field of land management and in the field of land and cartographic activities

(as amended on 17-11-2021)

According to article 63 of the Law of Ukraine "About land management" and article 5-3 of the Law of Ukraine "About land and cartographic activities" the Cabinet of Ministers of Ukraine decides:

Approve the Procedure for recognition of the status of self-regulatory organizations in the field of land management and in the field of land and cartographic activities which is applied.

Prime Minister of Ukraine

N. Azarov

Approved by the Resolution of the Cabinet of Ministers of Ukraine of June 5, 2013, No. 398

Procedure for recognition of the status of self-regulatory organizations in the field of land management and in the field of land and cartographic activities

1. This Procedure establishes the procedure of recognition of the status of self-regulatory organizations in the field of land management and in the field of land and cartographic activities (further - self-regulatory organizations) Gosgeokadastr.

2. Self-regulatory organizations are legal entities who act on the principles of self-government and which activities do not aim at profit earning.

3. The public organization of the physical persons recognized by the certified engineers land surveyors which applies for recognition of its status of self-regulatory organization shall answer with it to criteria:

its quantitative structure shall total at least than 250 certified engineers land surveyors;

at least than 90 percent of members of its general quantitative structure shall be the certified engineers land surveyors;

availability of the established procedure of internal certification of the members for the purpose of control of quality of the works on land management which are carried out by them.

The public organization of the physical persons recognized by the certified surveying engineers which applies for recognition of its status as self-regulatory organization shall answer the following criteria:

its quantitative structure shall total at least 100 surveying engineers;

at least 90 percent of its general quantitative structure shall be the certified surveying engineers;

availability of the established procedure of internal certification of the members for the purpose of quality control of the land and cartographic works which are carried out by them.

The procedure of internal certification of members of public organization shall provide:

formation of advisory council which structure and procedure for activities affirms the decision of public organization;

control of advanced training of her members;

preparation of the reporting on fulfillment of requirements of the procedure of internal certification;

establishment of procedure for resolution of disputes, including the negative results of internal certification by her members connected with obtaining;

taking measures, the requirements of the procedure of internal certification directed to non-admission of failure to carry out by members of public organization.

4. For recognition of the status of self-regulatory organization the public organization files to Gosgeokadastr such documents:

the statement which form affirms Minagropolitiki;

copies of the charter and registration certificate of public organization;

the list of members of public organization constituted in form according to appendix 1 or to appendix 2;

copies of documents which establish the procedure of internal certification of the members for the purpose of control of quality of the works on land management which are carried out by them or land and cartographic works.

5. By results of consideration and verification of the filed documents Gosgeokadastr accepts within a month from the date of registration of a statement the decision on provision of public organization of the status of self-regulatory organization or refusal in provision of such status.

Gosgeokadastr reports to public organization within five working days from the date of its acceptance about the made decision.

6. Provision of the status of self-regulatory organization it can be refused in the presence at least one of such bases:

submission of documents not in full or submission of documents which contain unreliable information;

discrepancy of public organization to the criteria specified in Item 3 of this Procedure;

termination of activities of public organization.

After remedial action which became cause of failure in provision of the status of self-regulatory organization the public organization can repeatedly file documents for its obtaining. Consideration of the application for provision of the status of self-regulatory organization which is repeatedly submitted by public organization by it is performed according to this Procedure.

7. In case of introduction of amendments to the charter of self-regulatory organization, the procedure of internal certification or the list of her members such organization files to Gosgeokadastr the relevant documents within ten working days beginning of date when such changes happened.

8. The status of self-regulatory organization is cancelled by Gosgeokadastr in case:

discrepancies of self-regulatory organization to the criteria specified in Item 3 of this Procedure;

non-presentation or untimely submission of documents, stipulated in Item 7 this About;

the terminations of activities of the specified organization;

failures to carry out of powers of rather public by it

regulations of land management, determined by article 63 of the Law of Ukraine "About land management" or the powers of rather public regulation of geodetic and cartographic activities determined by article 5-3 of the Law of Ukraine "About land and cartographic activities";

adoptions by self-regulatory organization of the decision on the termination of its powers of rather public regulation of land management or public regulation of geodetic and cartographic activities.

non-presentation by self-regulatory organization of the report completed in form according to appendix 3 or appendix 4.

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