On Introduction Of Amendments To Certain Legislative Acts Of Ukraine Regarding Improvement Of The Procedure Of Withdrawal Land Plots And Their Purpose

Original Language Title: Про внесення змін до деяких законодавчих актів України щодо вдосконалення процедури відведення земельних ділянок та зміни їх цільового призначення

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Read the untranslated law here: http://zakon3.rada.gov.ua/laws/show/5395-17

The LAW of UKRAINE on amendments to certain legislative acts of Ukraine regarding improvement of the procedure of withdrawal land and change their purpose (Supreme Council (BD), 2013, no. 40, 535) of the Verkhovna Rada of Ukraine decides: I. Make changes to the following acts: 1. The land code of Ukraine (Parliament, 2002, no. 3-4, 27): 1) in the article 20: the name lay in the wording of the "Article 20. And rezoning of land ";

first part of second paragraph add the following text: "rezoning of land is carried out by the Organization regarding their withdrawal;

parts of the second and third lay in the following wording: "2. the rezoning of land plots of State or communal property produced by the Verkhovna Rada of Autonomous Republic of Crimea, the Council of Ministers of Autonomous Republic of Crimea, bodies of executive power or bodies of local self-government, who make decisions on approval of projects of land management on the allotment of the land and the transfer of these sites in the property in use or in accordance with the powers specified in article 122 of this code.

3. the rezoning of land ownership is carried out on the initiative of land owners.

Rezoning of land private property are carried out: on land located within the locality, village, settlement, City Council;

about of land located outside the settlements-district State administration, and about of land located outside the settlements that are not included in the district, or in the case of district State administration is not formed, the Council of Ministers of the Autonomous Republic of Crimea, oblast State administration.

Project organization regarding the withdrawal of land ownership, the purpose of which is changing, is being developed on request of the owner of the land without the permission of the Council of Ministers of the Autonomous Republic of Crimea, the body of the Executive power of local Government on its development.

Project organization regarding the withdrawal of land developed in the manner prescribed by law.

Project organization on the allotment of the land agrees to the procedure established by article 175-1 of this code.

Council of Ministers of the Autonomous Republic of Crimea, the Executive authority, or a body of local self-government in the month from the date of receipt of the draft land management regarding the allotment of the land, agreed in accordance with article 186-1 of this code, shall decide on the approval of the project land for allotment of land and its purpose.

The refusal of the Council of Ministers of the Autonomous Republic of Crimea, the Executive authority or the authority of local governments to change the purpose of the land plot or abandonment petition without consideration may be challenged before the Court ";

part of the fourth exclude;

2) article 118: in the third sentence the words "the sixth part of the graphic materials that replace the words" certain plot plan from cadastral map (plan) or other graphic materials ";

part of an eighth lay in the following wording: "8. project organization on the allotment of the land agrees to the procedure established by article 175-1 of this code;

3) article 123: the first and fourth lay in the following wording: 1. provision of land plots of State or communal property in use is made by the Supreme Council of the Autonomous Republic of Crimea, the Council of Ministers of Autonomous Republic of Crimea, bodies of executive power or bodies of local self-government.

The decision of the designated authorities shall be made on the basis of land management projects on land drainage in case of: provision of land with the change of its purpose;

the formation of the new land.

Granting the right to use land in other cases is carried out on the basis of the technical documentation of the Organization regarding the drafting of the document certifying the right to use the land plot;

4. project organization on the allotment of the land agrees to the procedure established by article 175-1 of this code;

in a second part of the second word "graphics, which replace the words" certain plot plan from cadastral map (plan) or other graphic materials ";

4) part of the 8th article 151 put this wording: "8. The relevant authority of executive power, the Supreme Council of the Autonomous Republic of Crimea, the Council of Ministers of the Autonomous Republic of Crimea or a body of local self-government, in accordance with its powers in week term from the date of registration of the petition sends it together with applications to the territorial body of the central body of the Executive power, which provides implementation of State policy in the sphere of land relations, district (City) and to the urban planning and architecture in the district (City) that within ten days from the date of his receipt of the grant specified body conclusion about agreement on the location of the object or denial of such a facility;

5) item "b" of article 186 to lay out in the following wording:


"in the land management) projects on land drainage consent in accordance with this code, and shall be approved by the Verkhovna Rada of the Autonomous Republic of Crimea, the Council of Ministers of Autonomous Republic of Crimea, bodies of executive power or bodies of local self-government in accordance with the powers established by this code, to be managed by land or take the decision to change their purpose";

6) Article 186-1 to lay out in the following wording: "article 186-1. The powers of the executive authorities in the approval of projects of land management on the allotment of the land 1. Project organization on the allotment of land plots for all categories and forms of property subject to mandatory coordination with territorial body of the central body of the Executive power, which provides implementation of State policy in the sphere of land relations.

2. project organization regarding the withdrawal of land within the settlement or land outside the settlement, which is the object of construction or planned location for such a facility is also on the approval of the body of urban planning and architecture.

3. project organization on the allotment of the land: natural reserve and other conservation, land, situated on the territory or within the object of natural reserve fund or within coastal protective Strip is also agreed with the environmental authority;

historical and cultural purposes, land, located on the territory of historical habitats populated places, the land on which are the objects of cultural heritage is also agreed with body protection of cultural heritage;

forestry appointment shall be also agreed with body of forestry;

Water Fund to be also agreed with the body of water.

4. The Developer gives approval to the territorial body of the central body of the Executive power, which provides implementation of State policy in the sphere of land relations, the original project organization on the allotment of the land, and the authorities specified in parts 2 and this article, certified him the copy of the project.

5. the authorities mentioned in the parts of the first third of this article, within ten working days from the date of receipt of the draft land management regarding the withdrawal of land (a copy of this project) shall provide its conclusions about its approval or denial of such a facility.

6. Grounds for refusal in the concerted project organization regarding the withdrawal of land can only be a mismatch of its provisions with the requirements of laws and taken in accordance with these regulations, the documentation of land management or urban documentation.

If the project organization for withdrawal of land subject to mandatory State examination of land use documentation, agreed the project is filed by the customer or the developer to the central body of the Executive power that carries out the implementation of the State policy in the sphere of land relations, or its territorial authority for making such examination. "

2. The item "d" of article 41 of law of Ukraine "on sanitary and epidemiological well-being of the population" (Supreme Council of Ukraine, 1994, no. 27, item 218; 2010, no. 34, item 486; 2011, no. 34, item 343) deleted.

3. Law of Ukraine "on the protection of the cultural heritage" (Supreme Council of Ukraine, 2000., no. 39, 333; 2005, no. 5, item 114; 2011., no. 4, 22): 1) item 28 of article 5 to lay out in the following wording: "28) approval of projects of land management on the allotment of land plots in accordance with the land code of Ukraine";

2) article 6: item 10 part lay in the following wording: "10) approval of projects of land management on the allotment of land plots in accordance with the land code of Ukraine";

item 17 of part two to this wording: "17) approval of projects of land management on the allotment of land plots in accordance with the land code of Ukraine";

3) of the third article 37 put in the following wording: "for the purpose of protection of objects of archaeology, including those that can be found, projects of land management on the allotment of land in cases stipulated by the land code of Ukraine, the authorities agree to protection of cultural heritage".

4. in the law of Ukraine "on land management" (Supreme Council of Ukraine, 2003, no. 36, item 282; 2011, no. 34, item 343): 1) the text of article 50 lay in the following wording: "land management Projects regarding the withdrawal of land comprised in case of change of purpose of land or forming new land.

Land management projects on land drainage consent and approved in accordance with the land code of Ukraine.

Projects of the Organization regarding the allotment of land plots include: a task for the development of the project organization;

an explanatory note;

a copy of the petition (application) to allow the elaboration of a project of land management on the allotment of the land (in the case of formation and/or change the purpose of the land plot at the expense of State or communal property);


decision of the Verkhovna Rada of the Autonomous Republic of Crimea, the Council of Ministers of Autonomous Republic of Crimea, the relevant body of executive authorities or local government authorization for the development of the project of land management on the allotment of the land (in the cases provided for by law);

the written consent of the landowner's (user's), certified by a notary (in the case of redemption (deletion) land in the manner prescribed by law), or a court decision;

certificate from the State statistical reporting on the availability of land and the distribution of them landowners, zemlekoristuvačami, grounds;

materials of geodetic surveys and land management design (in the case of the formation of the land);

for information about calculating the area of the land plot (in the case of the formation of the land);

copies of title documents to objects of immovable property located on the land plot (if there are such facilities);

the calculation of the size of the loss of agricultural and forestry production (in cases stipulated by law);

the calculation of the amount of loss the owners of land and land users (in cases stipulated by law);

acceptance of transfer of landmarks to be deposited (in the case of the formation of the land);

the Act of carrying out (in the area) the limits of security zones, zones of sanitary protection, sanitary-protective zones and areas of special regime of use of land for their presence (in the case of the formation of the land);

restrictions in the use of land;

certain plot plan from cadastral map (plan) or other graphic materials, which indicates the desired location of the land (in the case of the formation of the land);

cadastral plan of the land plot;

materials transfer limits of land in nature (in the countryside) (in the case of the formation of the land);

materials project coordination of land management ";

2) of the fifth article 53 lay in the following wording: "land management Projects to streamline the areas of settlements are subject to approval of the agreed land management projects in order for the allotment of the land and are approved by the village, town, city councils."

5. In paragraph 7 of section VII "final and transitional provisions" of the law of Ukraine "on the State land cadastre" (Supreme Council of Ukraine, 2012., no. 8, art. 61) the word "commissions on coordination of documentation of land management" to replace the words "in order of approval of projects of land management on the allotment of the land".

II. Final provisions 1. This law shall enter into force one month after its publication, in addition to paragraph 2 of this section, which shall take effect from the day following the day of publication of this law.

2. the Cabinet of Ministers of Ukraine in the month: bring their regulations into conformity with this Act;

ensure the review and cancellation of ministries and other central bodies of executive power of their normative legal acts that contradict this law.

President of Ukraine Viktor Yanukovych Kiev October 2, 2012 # 5395-VI