ORDER OF THE MINISTRY OF AGRICULTURAL POLICY AND FOOD OF UKRAINE

of April 26, 2013 No. 283

About approval of the Procedure for preservation of lands

According to Articles 171, 172 Land codes of Ukraine and article 51 of the Law of Ukraine "About protection of lands" I ORDER:

1. Approve the Procedure for preservation of lands which is applied.

2. Declare invalid the order of the State committee of Ukraine on land resources of October 17, 2002 No. 175 "About the Procedure for preservation of lands", registered in the Ministry of Justice of Ukraine on February 14, 2003 for No. 117/7438.

3. To department of agriculture (Demidov O. A.) at the scheduled time to submit the order on state registration to 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 the order on the deputy minister Senya O. V.

Approved by the Order of the Ministry of Agricultural Policy and Food of Ukraine of April 26, 2013, No. 283

Procedure for preservation of lands

1. This Procedure determines the organizational principles concerning preservation of the degraded and unproductive lands which economic use is ecologically dangerous and economically inefficient, and also the parcels of land tekhnogenno contaminated on which it is impossible to receive environmentally friendly products, and stay of people on these parcels of land is dangerous to their health.

This Procedure extends to executive bodies and local government bodies which transfer the parcels of land of the state-owned or utility property to the possession or use according to powers (further - authorized bodies), and also to owners of the parcels of land and land users.

This Procedure is obligatory for accomplishment by executive bodies, owners of the parcels of land and land users and has advisory nature for local government bodies.

2. Preservation of lands is performed by the termination of their economic use for certain term and grassing or zalesneniye.

Preservation of lands is performed in the presence:

violations of surface of the parcels of land as a result of earthquakes, landslides, karst formations, floods;

bald-headed lands, the rehumidified lands with the increased acidity or salinity and the soils contaminated by chemicals and other types of pollution, people hazardous to health;

unproductive lands which soils are characterized by negative natural properties, low fertility;

radiation dangerous, it is radioactive contaminated land or contaminated by heavy metals and other chemical elements.

3. In case of reference of lands to degraded, unproductive and tekhnogenno contaminated considers approximate indicators which characterize soil properties and cause need of preservation of lands on natural agricultural zones which are given in appendix to this Procedure.

4. Preservation of lands which are in property or use of legal entities or physical persons is performed at the initiative of owners of the parcels of land and land users.

If on the parcels of land which are subject to preservation the property right or uses is not drawn up, idea of their preservation is performed at the initiative of authorized body.

5. In case of identification of the lands specified in Item 2 of this Procedure, territorial authorities of Gosgeokadastr and/or territorial authorities of State ecoinspection of Ukraine issue to the owner of the parcel of land or the land user the instruction (order) about the termination of their economic use.

If on the parcels of land which are subject to preservation the property right or uses is not drawn up, territorial authorities of Gosgeokadastr and/or State ecoinspection of Ukraine introduce in authorized bodies in the location of the parcel of land the petition concerning initiation of work by authorized bodies on preservation of lands.

After receipt of the petition, the instruction (order) authorized bodies, owners of the parcels of land or land users shall initiate within 30 days work on preservation of lands.

6. The owner of the parcel of land or the land user for the purpose of carrying out preservation of lands submits the application to authorized body in the location of the parcel of land with indication of the reasons of need of carrying out preservation of the lands specified in Item 2 of this Procedure.

Are enclosed to the application:

the copy of the document which certifies the right to the parcel of land;

the agrochemical passport of the field, the parcel of land (in case of preservation of agricultural holdings);

materials of own observations.

7. Based on the statement of the owner of the parcel of land or the land user, the petition of territorial authorities Gosgeokadastr and/or State ecoinspection of Ukraine or on own initiative (if on the parcels of land which are subject to preservation the property right or uses is not drawn up) the authorized body publishes in a month the order (decision) on creation of the commission on inspection of lands in nature (on the area) and preparation of the conclusions about feasibility of their preservation.

In structure of the commission the owner of the parcel of land, the land user, representatives of authorized bodies, including territorial authorities Gosgeokadastra and/or State ecoinspections of Ukraine which introduced the petition for initiation of work on preservation of lands, and also representatives of public institution "Institute of protection of soils of Ukraine" are attracted.

8. The commission after inspection of lands in nature (on the area) prepares the report and the conclusion about feasibility of preservation of lands and gives them to authorized body.

9. The authorized body considers the given materials and the conclusion in a month and publishes the order (decision) on preservation of lands.

According to the published order (decision) the working project of land management concerning preservation of lands (further - the project of preservation of lands) which determines types, methods of preservation of lands, term of carrying out preservation, the direction of use of lands is developed.

10. Executive bodies, Council of Ministers of the Autonomous Republic of Crimea, local government bodies, land owners and land users (further - the customer) can be the project orderer of preservation of lands.

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