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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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LAW OF UKRAINE

On the introduction of changes to some legislatures of Ukraine to improve the procedure for taking land and to change their target

(Verkhovna Rada Information (VR), 2013, No. 40, pp. 535)

Verkhovna Rada of Ukraine Orders:

I. Amend the following legislative acts of Ukraine:

1. In Earth Code of Ukraine (Information of the Verkhovna Rada of Ukraine, 2002, No. 3-4, art. (27):

(1) In Article 20:

the name of the editor in such an editorial:

" Article 20. Establishing and changing the target purpose of land ";

part of the first addition of a paragraph to other such content:

"The change of the target destination of land is carried out on projects to land their departure";

parts of a second and third teaching in such an editorial:

" 2. Changing the purpose of land of land or communal property to be failed by the Supreme Council of the Autonomous Republic of Crimea, the Council of Ministers of the Autonomous Republic of Crimea, the executive branch or local government authorities, Make decisions about the approval of land-based projects on land transfer and transfer of these areas into property or to be used in accordance with the authority identified by Article 122 of this Code.

3. Changing the target destination of land to private property is carried out on the initiative of land owners.

Changing the target destination of land to private property is to fail:

For land areas located within the inhabited area, in rural, rural, urban council;

For land areas located outside built-up areas, it is a district state administration, and on land areas located outside the area not part of the district or in case of the state administration. not formed,-Council of Ministers of the Autonomous Republic of Crimea, regional state administration.

The land area for the abandonment of the property of the private property, which is changed, is being developed to order the owner of the land without granting permission to the Council of Ministers of the Autonomous Republic of Crimea, the executive branch, an organ of local government in its development.

The land-laying project for the resettlement of the land area is being developed in the order established by law.

The land-based land-laying project agrees in the order established by Article 186 - 1 That's the Code.

The Council of Ministers of the Autonomous Republic of Crimea, the executive branch or the authority of the local self-government in the monthly line from the day of receipt of a draft land settlement for the laying of the land area agreed in the order established by the article 186 - 1 This Code makes the decision to approve a project to land the land and change its target.

The refusal of the Council of Ministers of the Autonomous Republic of Crimea, the authority of the executive branch or the body of local self-government in changing the purpose of the purpose of the land area or the remaining petition without consideration may be appealed to the court ";

Part of the fourth to exclude;

(2) In Article 118:

in the third sentence of part of the sixth word "graphic materials on which" to be replaced by "excavation from cadastral map (plan) or other graphic materials on which";

The eighth part of the eighth session is as follows:

" 8. The land-based land-laying project agrees in the order established by Article 186 - 1 "This Code";

3) in Article 123:

part of the first and fourth of the teaching in such an editorial:

" 1. The provision of land to state or communal property is carried out by the Supreme Council of the Autonomous Republic of Crimea, the Council of Ministers of the Autonomous Republic of Crimea, the executive authorities or local governments.

The decisions of the specified bodies are taken on the basis of a land transfer project in the case of:

Providing a land area with the change of its target target;

The formation of new land plots.

Provision of land use in other cases is carried out on the basis of technical documentation of the land-making document, which will address the right to use the land area ";

" 4. The land-based land-laying project agrees in the order established by Article 186 - 1 "This Code";

in a paragraph of the second part of the second word "graphic materials on which" to be replaced by "excavation from cadastral map (plan) or other graphic materials on which";

(4) Part of the eighth article 151 is taught in such an editorial:

" 8. The relevant executive branch, the Supreme Council of the Autonomous Republic of Crimea, the Council of Ministers of the Autonomous Republic of Crimea, or the local government authority, according to its authorizations in the weekly period from the day of the registration of the petition With the application of the territorial authority of the executive branch of the executive branch, in the area of land relations, in the area (city) and to the bodies of urban planning and architecture in the district (city), which within ten days of the day Its recipients are given the indicated authority to the conclusion of the agreement of the place the location of the object or failure in such a decision ";

(5) The paragraph "in" part of the first article 186 of the text read:

" (c) Land management projects agreed in the order established by this Code, and are approved by the Supreme Council of the Autonomous Republic of Crimea, the Council of Ministers of the Autonomous Republic of Crimea, the executive branch or the authorities. The local government, which according to the authority established by this Code, are ordered by land areas or make decisions to change their target ";

6) Article 186 - 1 Set out in this edition:

" Article 186 - 1 . The powers of the executive branch in part of the pursuit of land administration projects

1. The Land Administration project on all categories and forms of property is subject to binding agreement with the territorial authority of the central executive body, implementing the implementation of public policy in the sphere of land relations.

2. A project for a land-based land transfer within a settlement or land area outside the locality where the construction object is located or is planned to be located in the pursuit of the object. The organ of urban planning and architecture.

3. The Land Project for the Division of Land:

Natural-conservation and other conservation, land area located on the territory or within a natural-protected facility or within the coastal protective strip, is also subject to the pursuit of a conservation body;

Cultural heritage located on the territory of historical settlements of inhabited places, the land on which the objects of cultural heritage are located, also subject to the agreement with the authority of the conservation of cultural heritage;

Forestry is also subject to an agreement with the Forestry Authority;

The Water Fund is also subject to an agreement with the body of water.

4. The developer provides for the approval of the relevant territorial entity of the executive branch of the executive branch, which implements the implementation of state policy in the sphere of land relations, the original project of the land settlement project, and to the the powers of the executive power, identified in parts of the second and third of this article,-the covenant of it copies of the project.

5. The executive body, specified in parts of the first-third of this article, are required within ten working days from the day of the establishment of a land-based land withdrawal project (copies of such a project) to provide its own conclusions about its approval or failure in such a way.

6. The basis for refusal to agree on a draft land provision for land transfer may only be the discrepancy of its provisions by the requirements of the laws and acceptability of the laws and regulations under the land-order documentation; The urban-building documentation.

In the case of a land-based land administration project subject to the mandatory state-based surveyor documentation, the agreed project is filed by the customer or developer to the executive branch of the executive branch. implementation of public policy in the sphere of land relations, or its territorial authority to implement such expertise. "

2. Paragraph "d" of first article 41 Law of Ukraine "On the provision of sanitary and epidemiological welfare of the population" (Information of the Verkhovna Rada of Ukraine, 1994, No. 27, pp. 218; 2010, No. 34, pp. 486, 2011, pp. 34. 343) to be excluded.

3. In Protection of Ukraine "On the Protection of Cultural Heritage" (Information of the Verkhovna Rada of Ukraine, 2000, No. 39, pp. 333; 2005, No. 5, pp. 114; 2011, No. 4, pp. (22):

(1) Paragraph 28 of the first Article 5 shall be taught in such an editorial:

"(28) To agree on projects of land management in accordance with the requirements of the Land Code of Ukraine";

(2) In Article 6:

10 of the first part of the first session:

"(10) To agree on projects of land management in accordance with the requirements of the Land Code of Ukraine";

17 of the second part of the second edition:

" (17) Land management projects agreed on the transfer of land according to the requirements of the Land Code of Ukraine ";

(3) Part of the third article 37, to be published in this edition:

" For the purpose of protecting the objects of archaeology, including those that can be discovered, land-based projects on land deposits in cases stipulated. Land Code of Ukraine They agree with the protection of cultural heritage. "

4. In The Law of Ukraine "On Land Use" (Information of the Verkhovna Rada of Ukraine, 2003, No. 36, art. 282; 2011, No. 34, pp. 343):

(1) The text of Article 50 shall be taught in such an editorial:

" The land-laying projects of land deposits consist of changes in the purpose of the purpose of the purpose of land or formation of new land areas.

Land orders for land transfer projects are agreed and approved in the order set up by the Land Code of Ukraine.

Land management projects for land deposits include:

Task to develop a project of land;

A explanatory note;

A copy of the petition (statement) on the granting of permission to develop a project to land land (in the case of formation and/or alterations of the purpose of the land area through the land of state or communal property);

The decision of the Supreme Council of the Autonomous Republic of Crimea, the Council of Ministers of the Autonomous Republic of Crimea, the relevant authority of the executive branch or the body of local self-government on the granting of permission to develop a land-based land resettlement project (in cases provided by the law);

The written consent of the landowner (land-user), attested notarially (in the case of a ransom (removal) of land in the order established by the law), or the judgement of the court;

a reference to the state statistical reporting on the presence of land and the distribution of them by land owners, landlords, and care;

Materials of geodesic searches and land order design (in the case of land formation);

Information on calculating the area of land (in the case of land formation);

copies of the legal documents on fixed property objects located on the land area (in the presence of such facilities);

Calculation of the size of agricultural and forestry production losses (in cases stipulated by law);

Calculation of the size of the damage to land owners and land users (in cases prescribed by law);

Acceptance of the transfer of boundary signs to storage (in case of land formation);

Act of transfer to the nature of protected areas, sanitary protection zones, sanitary protection zones, and areas of special use of land for their presence (in the case of land forming);

Lists of restrictions in land use;

Excavation from cadastral map (plan) or other graphic materials on which the desired location of the land area (in the case of land formation);

Cadastral land plan;

Materials of the transfer of the land area to the nature of the land (in the case of land forming);

The materials for the pursuit of a land order project ";

(2) Part 5 of Article 53 is taught in such an editorial:

"The land order projects to organize the areas of settlements are subject to consent in order to agree on land-laying projects, and are approved by rural, village, urban councils".

5. Under paragraph 7 of section VII, "Final and transitional provisions" Law of Ukraine "On State Lands of Land" (Information of the Verkhovna Rada of Ukraine, 2012, No. 8, pp. 61) the words "commissions on the pursuit of documentation of the land-order documentation", replace "in order of the pursuit of land-laying projects".

II. Final Position

1. This Act will take effect a month from the day of its publication, in addition to paragraph 2 of this section, which will take effect from the day, the next day of publication of this Act.

2. The Cabinet of Ministers of Ukraine in the lunar line:

To bring their legal and legal acts into compliance with the Act;

Provide a revision and abolishment of ministries and other central executive bodies of their normative acts contrary to this Act.

President of Ukraine

(...) (...)

Um ... Kyoto
October 2, 2012
No. 5395-VI