Key Benefits:
On the introduction of changes to the laws of Ukraine "On topography-geodetic and cartographic activities" and "On land use"
(Information of the Verkhovna Rada (VR), 2014, No. 17, pp. 588)
Verkhovna Rada of Ukraine Orders:
I. Amend the laws of Ukraine to be amended:
1. In Law of Ukraine "On topography-geodetic and cartographic activities" (Information of the Verkhovna Rada of Ukraine, 1999, No. 5-6, p. 46 with the following changes):
(1) The paragraph of the third and sixth Article 5 of the teaching in this edition:
"The central body of the executive branch provides the formation of public policy in the field of topography-geodetic and cartographic activities, the central executive body that implements state policy in the sphere of land relations";
" Legal and physical persons who possess the necessary technical and technological environment and in which the main work place is certified engineer-geodesic, which is responsible for the quality of the results of topography-geodesic and cartographic products. Works ";
(2) Article 5 - 1 Set out in this edition:
" Article 5 - 1 . Training and staffing in the field of geodetic and cartographic activities
Professional topography-geodetic and cartographic activities can engage in individuals who have higher education and qualifications in the field of geodesy.
Certified geodesic engineers are responsible for the quality of the results of topography-geodesic and cartographic works.
A certified geodesic engineer can be a person who has an intern at least one year, composed of a qualification exam, obtained the qualification certificate, and is listed on the State Register of Certified Geodetic Engineers. See the requirements of this Act.
A certified geodesic engineer may not be a person, limited in the capacity or recognized as incapacitated by a court decision.
The geodesic engineer, who is in interest in compiling the qualification exam, delivers the following to the Qualification Commission:
A statement of the established sample;
A copy of the paper on higher education for the educational and qualification level of the specialist or master ' s;
a document that confirms the work of the work.
Compilation of the Qualification Commission of the Qualification Commission of the Surveyor of the Surveyor and the Higher Qualification of Certified Geodetic Engineers are carried out on the basis of faculties of the geodetic or land-order profile in higher education institutions. The relevant level of accreditation, which concluded a treaty with the central body of the executive branch, implementing state policy in the sphere of land relations.
The qualification exam is a procedure which is confirmed by professional competence of the person, level of qualifications and knowledge as an executive topography of geodesic and cartographic works.
The requirements for an increase in qualifications of certified geodetic engineers are set up by the Qualifying Commission, whose composition is approved by the order of the central executive branch, which implements state policy in the sphere of land relations. The Qualification Commission comprises ten persons from the number of highly qualified specialists who are representatives of the central executive body, implementing state policy in land relations, five individuals from the number of representatives. Educational institutions, five people from the number of self-governing organizations in the field of land order. The term of office of the members of the Qualification Commission is seven years. Members of the qualification commission are elected from their staff and secretary. The meetings of the Qualification Commission are legal in case of the presence of more than half of its members. The decision of the Qualification Commission is considered to be passed by a simple majority of votes present at its meeting. In the case of equal distribution, the voice of the head of the Qualification Commission is crucial. A member of the Qualification Commission may be excluded from its composition by their own wishes, in the event of his death, by the decision of the lawful force by the decision of the court on the imprisonment (restriction) of the will or the appointment of another punishment which would prevent membership of the Qualification commission, recognition of the person is limited to a dieting or incapacitated, loss of a citizen of Ukraine. The qualification commission is responsible for the quality of professional training of certified geodetic engineers. The decision of the Qualification Commission can be appealed to the court.
The geodetic engineer, who has compiled a qualification exam, is issued a classification certificate of geodesic in paper or electronic form, which confirms the correspondence of the occupational characteristics of the profession and its capacity on its own. Conduct topography-geodesic and cartographic works.
Persons who did not qualify for the Qualification Commission are allowed before it was re-established in the past two months.
Certified according to this Act, surveyors are required not to be less than once for four years to advance the qualification for the qualification promotion program.
The issuance of the qualification certificate of individuals who compiled the qualification exam, issuing a certificate for the promotion of qualifications, issuing their duplicates is carried out by an educational institution based on the qualification exam or promoted Qualification for the decisions of the Qualification Commission.
The qualification certificate of a geodetic engineer's qualification certificate is not limited in time, except in the cases defined by the law. Failure to comply with the requirements for the promotion of the qualification of the established line law is the basis for stopping the certificate of certificate for the period prior to receiving the qualifications of qualifications.
The decision to stop the qualification certificate of a certified geodetic engineer is accepted by the central body of the executive branch, implementing state policy in the sphere of land relations, in the case of:
Failure to comply with the requirements of this Act on the promotion of qualifications
The value is known for false data, which led to the distortion of information in the State Registry of certified geodesic engineers.
The qualification certificate is renewed by the central executive body, implementing state policy in the sphere of land relations, in the weekly line following the removal of the corresponding geodesic engineer.
The qualification certificate of an engineer-geodesic is revoked by the central executive body, implementing state policy in the sphere of land relations, by revoke it in the following cases:
(a) At the request of a certified geodesist;
(b) In the case of a legal decision by the decision of the court decision on the limitation of the capacity of a person who is a certified geodetic engineer, the recognition of her incapacitated, is no longer absent;
(b) for the publication of the Qualification Commission, in the event of a violation of the fact of violation of the geodetic and geodetic and cartographic legislation on the basis of the review of written appeals by law or individuals, Government authorities and local governments;
(g) On the grounds of death certificate.
The qualification certificate of a geodesic engineer may also be annulled by a court decision.
The decision to stop the action or the annulment of the qualification certificate of a geodesic engineer may be appealed to the court.
The procedure for the work of the Qualification Commission, the issuance and annulment of the qualification certificate of the surveyor, the form of the qualification certificate is established by the central body of the executive branch, which ensures the formation of public policy in the field Topography-geodetic and cartographic activities ";
(3) Part of the first Article 5 - 2 Set out in this edition:
"The Central Executive Body implementing state policy in the sphere of land relations leads the State Registry of certified geodesic engineers who have received a qualifying certificate";
4) complement Law Article 17 - 1 such content:
" Article 17 - 1 . Technical and technological support of geodetic and cartographic activities
The technical provision of topography-geodetic and cartographic activities is based on the use of computational and information technology tools, technical tools for the performance of topography-geodesic and cartographic works.
The technological provision of topography-geodesic and cartographic activities is based on the use of modern information technologies and systems to create geodesic, topographic and cartographic materials, collection, conduct, control, accumulation, storage, renewing, searching, converting, recycling, mapping, publishing, and data transfers.
The basis of information assurance of surveyor geodetic and cartographic activities are automated systems designed to process data of cadastral, topographic and other filming and remote sensing, bank banks (bases) geospatial data, forecasting, planning, design, mapping, organizational management.
The technical and technological resources requirements of topography-geodesic and cartographic works are set up by the central executive body, which ensures the formation of public policy in the field of topography-geodesic and cartographic. Activities ";
(5) Article 24 of the Board of Editors:
" Article 24. Implementation of State Geodetic Supervision
State geodetic supervision of topography-geodesic and cartographic activities is carried out by the central body of the executive branch, implementing state policy in land relations, by conducting planned and off-planned inspections, respectively. to the basis of the Law of Ukraine "On the basic principles of public oversight (control) in the sphere of economic activity" .
State supervision is carried out by the establishment of the host activity of the surveyor geodesic and cartographic works, or its separate units. Public oversight measures can be carried out in the premises of the state surveillance organ by the consent of the artist topography-geodesic and cartographic works.
In case of detection of violations of the technical, technological or metrology of the topography-geodetic and cartographic activity of the central executive body, implementing state policy in land relations, the order is ordered. eliminating the violations discovered during the exercise of the event.
The performer of the topography-geodesic and cartographic works must inform the central executive body that implements state policy in the sphere of land relations, the removal of violations discovered during the exercise of the event, defined by the order rows.
Setting the fact of non-infringement of disturbances detected during the exercise of the event is the basis for stopping the execution of topography-geodesic and cartographic works by the decision of the administrative court approved by the results of the review. the claim of the central body of the executive branch, implementing state policy in the sphere of land relations.
The administrative court of response measures applied by the executive branch of the executive branch, implementing state policy in the sphere of land relations, is abolished by the administrative court in the order established by the law.
During the exercise of public oversight activities by the topography-geodesic and cartographic works, the central executive body, implementing state policy in land relations, verifies compliance with the certification process. Geodesic of laws requirements, other regulations, regulations, standards, standards, norms and regulations in the field of topography-geodetic and cartographic activities.
In the presence of a basis for annulment or stopping the qualification certificate of an engineer-geodesic the act of inspection is mandatory for consideration at the meeting of the Qualification Commission. According to the results of the Act, the Qualification Commission shall submit the submission of the central executive branch of the executive branch, which implements state policy in the sphere of land relations, the annulment or stopping of the qualification certificate of a geodesic engineer.
Based on the presentation of the Qualifying Commission on the annulment (stopping action) of the qualification certificate, the central executive body implementing state policy in the sphere of land relations accepts the decision on the annulment or stop of action. The qualification certificate and reports to the surveyor of the geodesic in a two-week line after the meeting of the meeting of the Qualification Commission.
The decision on the removal of the surveyor of a qualifying certificate can be appealed to the court. "
2. In The Law of Ukraine "On Land Use" (Information of the Verkhovna Rada of Ukraine, 2003, No. 36, art. 282 with the following changes):
(g) The exercise of the certification of the surveyor engineers, the formation of the Qualification Commission and the conduct of the State Registry of Certified Engineers and Geodesists and Engineers ";
" same. - 1 ) Exercise of State surveillance in the sphere of land ";
(2) Part of the second article 26 shall be taught in such an editorial:
" The developers of the documentation for farming are:
Legal entities that possess the necessary technical and technological means employed by the main work location of at least two certified land-order engineers who are responsible for the quality of land work;
Physical persons who possess the necessary technical and technological means and are certified by the surveyor engineers responsible for the quality of land work;
(4) Article 61 - 1 Set out in this edition:
" Article 61 - 1 . State care in the sphere of land
The land administration government exercises a central executive body implementing state policy in land relations, by conducting planned and out-of-plan inspections according to the basis of Law of Ukraine "On the basic principles of public oversight (control) in the sphere of economic activity" .
State care is carried out by the failure of the economic activity of the work of works of land or its separate units. Public oversight measures can be carried out in the premises of the state surveillance body with the consent of the work of the land office.
In case of detection of violations of technical and technological resources of works of work with the land central executive body implementing state policy in land relations, the order issued for the removal of violations discovered during the Go west.
The work of the agricultural work must inform the central executive body that implements state policy in the sphere of land relations, the removal of violations discovered during the exercise of the event, as defined by the order of the line.
Setting the fact of non-compliance with the removal of violations found during the exercise of the event is the basis for stopping the execution of work from the land administration by the decision of the administrative court decided by the central authority ' s claim The Executive Committee, which implements state policy in the sphere of land relations.
The administrative court of response measures applied by the executive branch of the executive branch, implementing state policy in the sphere of land relations, is abolished by the administrative court in the order established by the law.
During the exercise of the state oversight of works of work on the land central executive body, implementing state policy in land relations, verifies compliance with the certified engineers-surveyor of the provisions of the provisions laws, other regulations, normative and technical documents, standards, norms and regulations in the sphere of land.
In the presence of a basis for the annulment or stopping of the qualification certificate of an engineer-surveyor the act of inspection is mandatory for consideration at the meeting of the Qualification Commission. According to the results of the Act, the Qualification Commission shall submit the presentation of the central executive branch of the executive branch, which implements state policy in the sphere of land relations, the annulment or halt of the qualification certificate of an engineer-surveyor.
Based on the presentation of the Qualification Commission on the annulment or stopping the qualification certificate of the central executive body, implementing state policy in the sphere of land relations, the decision to annulment or stop the action of the The qualification certificate and reports to the surveyor of the surveyor are written in a two-week line after the meeting of the Qualification Commission meeting.
The decision to annulment a qualifying certificate may be appealed to the court ";
(5) Article 66 is set out in such an editorial:
" Article 66. Training and staffing in the sphere of land use
Professional activities in the sphere of land can engage in individuals who have higher education and qualifications in the field of land.
The training of surveyor engineers is carried out at the faculties of the land-order profile in higher education institutions of the corresponding level of accreditation.
Responsible persons for the quality of land work can only be certified by surveyor engineers.
Certified land-order engineers are persons who have degrees of specialties and qualifications in the field of knowledge of land management, having the same work at least one year in less than one year, made a qualification exam, received a certificate and certification. Registered in the State Registry of certified engineers by the surveyor in accordance with this Act.
A certified land-order engineer cannot be a person, limited in a capacity or recognized as incapacitated by a court decision.
The establishment of civil engineering engineers of the Qualification Commission and the improvement of the qualifications of certified -surveyor certified engineers is carried out on the basis of the faculties of the land-order profile in higher educational institutions of the relevant the level of accreditation that concluded a treaty with the central body of the executive power, implementing state policy in the sphere of land relations.
The qualification exam is a procedure which is confirmed by the professional competence of the person, the level of qualifications and knowledge of the work of the land.
The requirements for the promotion of qualifications of certified engineers are established by the Qualifying Commission, whose composition is approved by the order of the central executive branch, which implements state policy in the sphere of land relations. The Qualification Commission comprises ten persons from the number of highly qualified specialists who are representatives of the central executive body, implementing state policy in land relations, five individuals from the number of representatives. Educational institutions, five people from the number of representatives of self-governing organizations in the sphere of land order. The term of office of the members of the Qualification Commission is seven years. Members of the qualification commission are elected from their staff and secretary. The meetings of the Qualification Commission are legal in case of the presence of more than half of its members. The decision of the Qualification Commission is considered to be passed by a simple majority of votes present at its meeting. In the case of equal distribution, the voice of the head of the Qualification Commission is crucial. A member of the Qualification Commission may be excluded from its composition by their own wishes, in the event of his death, by the decision of the lawful force by the decision of the court on the imprisonment (restriction) of the will or the appointment of another punishment which would prevent membership of the Qualification commission, recognition of the person is limited to a dieting or incapacitated, loss of a citizen of Ukraine. The qualification commission supervise the quality of professional training certified by the surveyor engineers. The decision of the Qualification Commission can be appealed to the court.
A surveyor's engineer, interested in compiling a qualification exam, delivers to the Qualification Commission:
A statement of the established sample;
A copy of the paper on higher education in the field of knowledge of land for educational and qualification levels of a specialist or master;
a document confirming the work of the work;
The recommendation of the internship manager;
List of documents on land and/or land assessment, in which an engineer-surveyor took part, testified by the supervisor of the internship;
copies of two schemes and/or projects of land and/or technical documentation on land assessment, in which the engineering-surveyor took part.
The qualification exam includes a test of theoretical training and practical skills to make up documentation for the land order and land assessment.
The surveyor, which has compiled a qualification exam, is issued a qualifying certificate, confirming the engineer's compliance with the qualifications requirements and its ability to self-compose individual types of documentation. Land management and documentation for land assessment, surveying and cartographic work, land inventory, check the quality of soil, geospanic and other land surveys.
The form of the qualification certificate is established by the central executive body, which ensures the formation of public policy in the sphere of land relations.
Landowner engineers deprived of the qualification certificate due to land law infringement in accordance with Article 68 of this Act shall be allowed to compile the qualification exam after the adoption of the prison decision. The qualifying certificate and the conditions to successfully qualify.
A certified Engineer-surveyor has a personal seal, which is referred to by his surname, the name, by the parent and registration card number of the taxpayer (RNOCAT) or series and passport number (for individuals who are due to their religious purposes). The convictions refuse to accept the registration number of the taxpayer ' s account card, officially informed the relevant agency of the state tax service and have the mark on the passport.
Persons who have not compiled a Qualification Commission exam are allowed before they can be re-composed before two months.
Certified engineers are obligated not to be less than once for four years to advance the qualification of the qualification promotion program.
Issuance of the qualification certificate by the engineers who compiled the qualification exam, issuing a certificate for the promotion of qualifications, issuing their duplicates is carried out by an educational institution based on the qualification exam or Increases the qualification by the decisions of the Qualification Commission.
The classification certificate for a surveyor's qualification certificate is not limited to time except in the cases defined by the law. Failure to comply with the requirements for the promotion of qualifications in the established law law is the basis for stopping the certificate of certificate for the period prior to receiving the qualifications of qualifications.
The qualification certificate of an engineer-surveyor is annulled by the central executive body, implementing state policy in the sphere of land relations:
(a) At the request of a certified agricultural engineer;
(b) In the case of a legitimate force, the decision of a court decision on the limitations of a person's capacity (an engineer-surveyor), recognition of her incapacitated, is no longer absent;
(b) for the publication of the Qualification Commission, in the event of a violation of the fact of violation by the surveyor of the land law, in accordance with Article 68 of this Act;
(g) On the grounds of death certificate.
The qualification certificate of a surveyor may also be annulled by a court decision.
The decision to stop the action or the annulment of a qualifying certificate of a surveyor may be appealed to the court.
The procedure for the work of the Qualification Commission, the issuance and annulment of the qualifying certificate of the surveyor is established by the central body of the executive branch, which ensures the formation of public policy in the sphere of land relations ";
Items 6 and 7 of the second post read:
" (6) Information on the promotion of qualifications;
7) information on the questionnaire or stop of the qualifying certificate ";
after part of the second complement of the new part of this content:
" The information about the shutdown or the annulment of the qualifying certificate of the surveyor is to be made by the central executive body, which implements state policy in the sphere of land relations, to the State Register of Certified Land-order engineers are not later than three working days after the adoption of the relevant decision on the annulment or the operation of the qualifying certificate. "
In this regard, parts of the third-fifth are considered as part of the fourth-sixth;
(7) Section IX "Final provisions" to supplement paragraph 1 - 1 such content:
" 1 - 1 . The Central Executive Body implementing state policy in land relations issues duplicates of the qualification certificates of the surveyor ' s engineers received according to the report. Law of Ukraine of 2 October 2012 No. 5394-VI "On Amendments to Some Legislative Acts of Ukraine on the deregulation of the economic activity of land and land assessment works".
1. This Act will take effect from the day, the following day by the day of its publication.
2. The Cabinet of Ministers of Ukraine for six months since the Act:
To bring their legal and legal acts into compliance with the Act;
To ensure that the central authorities are enacting the executive branch of their normative acts in compliance with the Act.
