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LAW OF UKRAINE

of May 22, 2003 No. 858-IV

About land management

(as amended on 02-02-2021)

This Law determines legal and organizational basis of activities in the field of land management and is directed to regulation of the relations arising between public authorities, local government bodies, legal entities and physical persons on ensuring sustainable development of land use.

Section I General provisions

Article 1. Main terms and their determination

In this Law the stated below main terms are used in the following value:

work types on land management - research, prospecting, land, cartographic, project and the design and exploration work performed for the purpose of creation of documentation on land management;

activities in the field of land management - the scientific, technical, productive and management activity of public authorities, local government bodies, legal entities and physical persons performed in case of land management;

documentation on land management (land management documentation) - the text and graphical materials approved in accordance with the established procedure which regulate use and protection of lands of the state-owned, utility and private property, and also materials of inspection and investigation of lands, designer's service of project implementation, etc.;

actions for land management - the works on rational use and protection of lands, forming and the organization of the territory of object of land management provided by documentation on land management taking into account their purpose, restrictions in use and restrictions (burdenings) with the rights of other persons (land easements), to preserving and increase in fertility of soils;

land management - set of the social and economic and ecological measures directed to regulation of land relations and the rational organization of the territory of administrative and territorial units, the subjects of managing performed under the influence of public relations of production and development of productive forces;

irrigating (drying) array - array of lands of agricultural purpose on which hydrotechnical melioration is carried out and/or intraeconomic meliorative systems are located;

array of lands of agricultural purpose - set of the parcels of land of agricultural purpose, consisting of nonagricultural grounds, agricultural and necessary for their servicing (lands under field roads, meliorative systems, economic ways, runs, linear objects, objects of engineering infrastructure, and also the ravines, boggy lands, other grounds located in land array), common features have and are limited to natural and/or artificial elements of relief (highways public, windbreak forest fields and other protective plantings, water objects, etc.);

land surveying of lands - complex of works on establishment or recovery in nature (on the area) borders of administrative and territorial units, borders of the parcels of land of owners, land users, including lessees, with fixing with their land marks of the established sample;

the plan of the parcel of land - the graphical representation displaying the location, external borders of the parcel of land and the border of the lands limited in use and (burdened) by the rights of narrow other persons (land easements) and also placement of real estate units, natural resources on the parcel of land;

the project of land management - set of economic, project and technical documents on reasons for actions for use and protection of lands which are supposed to be performed on such project;

the working project of land management - set of economic, project and technical documents on use and protection of lands, including calculations, the description, drawings of technical solutions, the estimate which realization is supposed to be enabled during the term established by this project;

steady land use - use of lands, is determined by long-term use by the parcel of land without change of its purpose, deterioration in its quality characteristics and provides optimum parameters of ecological and social and economic functions of the territories;

technical documentation on land management - set of the text and graphical materials determining technical process of holding actions for use and protection of lands without application of elements of designing;

purpose of the parcel of land - use of the parcel of land to destination, determined based on documentation on land management in the procedure established by the legislation;

strip farming - arrangement between several parcels of land which belong on the property right uses (lease, the sublease, emphyteusis) to one person and are located in one array of lands of agricultural purpose, the parcels of land belonging on the property right, uses (lease, the sublease, emphyteusis) to other person.

Article 2. Purpose of land management

Land management provides:

a) realization of state policy regarding use and protection of lands, implementation of land reform, enhancement of land relations, scientific reasons for distribution of lands on purpose taking into account the state, public and private interests, forming of rational system of land ownership and land use, creation of ecologically steady agrolandscapes, etc.;

b) provision of information for legal, economic, ecological and town-planning mechanisms of regulation of land relations at the national, regional, local and economic levels by establishment of particular treatment and conditions of use and protection of lands;

c) establishment and fixing on the area of borders of administrative and territorial units, the territories of natural and reserved fund and other nature protection appointment, improving, recreational and historical and cultural appointment, borders of the parcels of land of owners and land users;

d) forecasting, planning and the organization of rational use and protection of lands at the national, regional, local and economic levels;

?) the organization of the territory of agricultural enterprises, organizations and the organizations for the purpose of creation of space conditions for ekologo-economic optimization of use and protection of lands of agricultural purpose, implementation of progressive forms of the organization of management of land use, enhancement of structure and placement of land grounds, acreage, system of crop rotation, senokoso-and pasture rotation;

e) development and implementation of system of measures for land management for preserving natural landscapes, recovery and increase in fertility of soils, land reclamation and zemlevaniye of unproductive grounds, protection of lands against erosion, flooding, siccation, landslides, secondary salinization, acidulation, bogging, consolidation, pollution by industrial wastes and chemicals, etc., preservation of the degraded and unproductive lands, the prevention of other negative phenomena;

e) the organization of the territory of the companies, organizations and the organizations for the purpose of creation of conditions of steady land use and establishment of restrictions and burdenings (land easements) in use and protection of lands of nonagricultural appointment;

є) receipt of information on quantity and quality of lands, their condition and other data necessary for maintaining the state land cadastre, monitoring of lands, implementation of the state control of use and protection of lands.

Article 3. System of land management

The system of land management includes:

a) legislatively certain activities in the field of land management;

b) the bodies performing state regulation in the field of land management;

c) the organization, regulation and management in the field of land management;

d) implementation of land management at the national, regional, local and economic levels (further - nation-wide, regional and local levels);

?) the state and self-controlled control of land management implementation;

e) scientific, personnel and financial provision of land management;

e) subjects and objects of land management.

Article 4. Subjects of land management

Subjects of land management are:

Verkhovna Rada of the Autonomous Republic of Crimea, Council of Ministers of the Autonomous Republic of Crimea and local government bodies;

the legal entities and physical persons performing land management;

land owners and land users.

Article 5. Objects of land management

Objects of land management are:

territory of Ukraine;

territories of administrative and territorial units or their parts;

territories of land ownership and land use or separate parcels of land.

Article 6. Principles of land management

Land management is based on the following principles:

a) respecting the rule of law;

b) ensuring evidence-based distribution of land resources between economy industries for the purpose of rational placement of productive forces, complex economic and social development of regions, forming of the favorable surrounding environment;

c) the organizations of use and protection of lands taking into account specific zone conditions, coordinations of the ecological, economic and social interests of society providing high economic and social production efficiency, ecological balance and stability of the environment and agrolandscapes;

d) creations of conditions for realization by public authorities, local government bodies, physical persons and legal entities of their constitutional rights on the earth;

?) providing priority of agricultural land ownership and land use;

e) providing priority of requirements of ecological safety, protection of land resources and reproduction of fertility of soils, productivities of lands of agricultural purpose, establishment of the mode of nature protection, improving, recreational and historical and cultural appointment.

Article 7. Legal basis of land management

The Section II of Power of public authorities and local government bodies in the field of land management

Article 8. The bodies performing regulation in the field of land management

Regulation in the field of land management is performed by the Verkhovna Rada of Ukraine, the Verkhovna Rada of the Autonomous Republic of Crimea, the Cabinet of Ministers of Ukraine, Council of Ministers of the Autonomous Republic of Crimea, local government bodies, local public administrations, and also the central executive body providing forming of state policy in the field of land relations, the central executive bodies realizing state policy in the field of land relations and in the field of supervision (control) in agro-industrial complex within the powers established by the law.

Article 9. Powers of the Verkhovna Rada of Ukraine in the field of land management

In the field of land management treat powers of the Verkhovna Rada of Ukraine:

a) determination of bases of state policy in the field of use and protection of lands;

b) No. 1175-IX is excluded according to the Law of Ukraine of 02.02.2021

c) approval of nation-wide programs for use and protection of lands;

d) the solution of other questions in the field of land management according to the Constitution of Ukraine.

Article 10. Powers of the Cabinet of Ministers of Ukraine in the field of land management

In the field of land management treat powers of the Cabinet of Ministers of Ukraine:

a) realization of state policy in the field of use and protection of lands;

b) organization of implementation of land management;

c) ensuring accomplishment of nation-wide programs of use and protection of lands;

d) approval within the powers of regulatory legal acts concerning land management;

ґ) coordination of activities of executive bodies concerning land management;

e) it is excluded;

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