Law of Ukraine "On the State Land Cadastre"

Date of entry into force:

January 1, 2013

(Abstract)

The Law establishes the legal, economic and organizational work principles in the sphere of the State Land Cadastre.

The State Land Cadastre is a single state geoinformational system containing information on lands located within the state border of Ukraine, their designated purpose, restrictions for their use, as well as data on the quantitative and qualitative characteristics of the lands, their assessment, and the distribution of lands between owners and users.

According to Article 2 of the Law, the State Land Cadastre is kept for the purposes of informational support of state power bodies and local self-government bodies, natural persons and legal entities during:

·         regulation of  land relations;

·         management of land resources;

·         organization for rational land use and land protection;

·         land planning;

·         land assessment;

·         creation and maintenance of the town-planning cadastre and cadastres of other natural resources;

·         land fee administration.

Article 6 of the Law determines the state bodies that maintain the State Land Cadastre as the central body of executive power in the issues of land resources and its territorial divisions. The holder of the State Land Cadastre is the central body of executive power in the issues of land resources. The administrator of the State Land Cadastre is a state enterprise that lies within the sphere of management of the central body of executive power in the issues of land resources, carries out measures to create and support the State Land Cadastre software, and is responsible for technical and technological support, safety and protection of data contained in the State Land Cadastre.

The Law establishes that the geodesic basis for the State Land Cadastre is the state geodesic network, while the cartographic basis for the State Land Cadastre is the maps (plans) prepared according to the form and scale that conform to the state standards, norms, rules, and technical regulations.

According to Article 9 of the Law, data entry into the State Land Cadastre and providing such data within the scope of the central body of executive power in the issues of land resources and its territorial bodies is done by state cadastre registrars.

A state cadastre registrar is a state official. A citizen of Ukraine with a higher education degree in land management or law, and at least two years of experience in land management or legal work can be hired as a state cadastre registrar.

Article 10 of the Law defines the objects of the State Land Cadastre:

·         lands within the state border of Ukraine;

·         lands within the territory of administrative territorial units;

·         restrictions for the use of lands;

·         land plot.

According to Article 18 of the Law, the State Land Cadastre Documents created during its maintenance are:

·         index cadastre maps (plans) of Ukraine, the Autonomous Republic of Crimea, regions, districts, villages, townships and cities;

·         index cadastre maps (plans) of the cadastre area and cadastre quarter;

·         cadastre maps (plans) of the Autonomous Republic of Crimea, regions, districts, villages, townships and cities, and other thematic maps (plans) according to the list established by the Procedure for the State Land Cadastre Maintenance;

·         Land Registers.

The data of the State Land Cadastre constitutes official data (Article 20 of the Law).

Article 24 of the Law establishes that state registration of a land plot is carried out when the land plot is formed by means of starting a Land Register for it. State registration of land plots is done at the place of its location by the respective State Cadastre Registrar of the territorial body of the central body of executive power in the issues of land resources in the Kyiv and Sevastopol cities, cities of republican subordinance in the Autonomous Republic of Crimea, cities of regional subordinance, and districts.

Article 36 of the Law envisages promulgation of the following data of the State Land Cadastre on the official website of the central body of executive power in the issues of land resources:

·         boundaries of administrative territorial units;

·         cadastre numbers of land plots;

·         boundaries of land plots;

·         designated purposes of land plots;

·         distribution of land plots between owners and users (form of ownership, type of material right);

·         restrictions on the use of lands and land plots;

·         consolidated data of quantitative and qualitative land characteristics;

·         agricultural lands;

·         parts of land plots subject to easement or land plot sublease agreement;

·         coordinates of cadastre object boundaries turning points;

·         soil class determination.

Transitional provisions of the Law envision amending the Code on Administrative Offences of Ukraine, the Land Code of Ukraine, and a number of Laws of Ukraine.

Original