Summary on the final work
Content
1. The relevance of
2. The purpose of the object and subject of study, the task
3. The legal regulation of land with underground utilities
4. Easements on the lands of underground utilities
5. International experience in the management of underground utilities in the land relations
6. Possible results are expected in the performance of their novelty and significance
List of links
1. The urgency of the work:
Land relations are currently the object of special attention, since they are one of the most attractive, although a very risky investment objects.
The peculiarity of the land reform, which is implemented in Ukraine since the early 90s of the 20th century, is a significant redistribution of land owned by the State in favor of new business entities: private enterprises, especially small and medium entrepreneurs, farmers, members of the collective farm enterprises, as well as other categories of legal persons and citizens.
Unbundling of land, being a positive process, however, raises a number of new problems for owners and users of land. One of them - the problem of access to the objects of common use. This is to eliminate these drawbacks restored the right of servitude.
It goes without saying that the civilized development of this type of relations is impossible without proper regulation. In the case of such an important subject of relationships, such as land, the legislation should be included as options for the development of relations with the object. In particular, a question often arises the need to use another's land as the only option to meet certain needs (for service at home, land, personal needs).
One of the types of use of someone else's land serves the need for paving of certain communications on the territory of another land.
In addition, the importance and the increased risk in working with underground and aboveground utilities (electricity, water and sanitation, etc.) require special treatment to the territories in which such communications are located.
2. The purpose
Identify aspects of the differentiation of the rights of land owners and owners of underground utilities.
The object and subject of study
Various underground utilities in Donetsk, the legal relations in the field of underground utilities.
Picture 1. Survey underground utilities in Donetsk
Picture 2. Underground utilities in the 3D-model of the urban area
To achieve the goal identified four objectives:
1) Establish guidelines for implementing the law of the land easement.
2) Compare the legal aspects of underground utilities in different countries and identify the positive aspects.
3) Identify the problems and negative aspects in the realization of the right of servitude.
4) Make your suggestions in the development of the foundations of the division of rights of land owners and owners of underground utilities.
3. The legal regulation of land with underground utilities
Along with the notion of "security zone" there are such thing as a "zone of sanitary protection", "sanitary security zone", "zone restrictions", "zone which has a special mode of land use" and "technical area" (eg, Subway) .
With regard to certain types of underground utilities in the current legislation of Ukraine, there are separate, mainly regulations, regulations that establish rules for their protection and treatment of land on which such communications are located.
Within the protected areas of land from their owners and users are not withdrawn, and are used with the restrictions provided by law. Enterprises, institutions, organizations and citizens who have been granted in the property, permanent or temporary use of land, where there are objects of various communications, to take appropriate measures to preserve the marked objects.
4. Easements on the lands of underground utilities
Having laid and the construction of new communications leads the burdening of land constraints in the form of protected areas, as well as in the form of land easements.
In accordance with the Land Code of Ukraine, the right of servitude - this is the right of the owner or user of land bounded on the paid or free use of someone else's land (plots). The establishment of a land easement does not lead to the loss of the owner of the land ownership, use and disposal.
Land Code of Ukraine provides two bases for the establishment of a land easement:
- The contract;
- The court's decision.
The contract shall be in writing and signed by both parties.
Land Code of Ukraine stipulates that the point of law of the land is state registration of an easement agreement or a court decision on the establishment of a land easement body carrying out state registration of rights to land.
5. International experience in the management of underground utilities in the land relations
Despite the fact that in the Russian Federation, this issue is fairly new in the land laws of this country, as opposed to the land legislation of Ukraine, settled such things as evaluation of various types of damage (caused directly from the loss of profits, in case of emergency) and mandatory compensation at the conclusion of agreements easements, which gives better guarantees and favorable conditions for the owners of land. Also, in the land laws of foreign countries (USA, Sweden, France) to the smallest details of the processes defined easements contracts and processes direct their state registration, that the legislation of Ukraine currently defined at the required level.
In Sweden the establishment of easements utilities regulated by a special Law "On the utilities easements." On the basis of this law a party wishing to use part of someone else's real estate unit for placement of utilities and facilities can get it right.
Picture 3. The provisions of Sweden law"The utilities easements" (animation 4 frames)
As a result of the comparative characteristics can be concluded that the land laws of foreign countries such as Russia, Sweden, France, Germany and the United States has a settled management structure of underground utilities and order processing, contract conclusion and registration of easements in particular.
For comparison, management experience and analysis of underground utilities to the right of servitude in Ukraine was carried out statistical analysis of the implementation of this law in the city of Donetsk in the last 10 years.
The results obtained in the Donetsk regional branch of the "Center of the State Land Cadastre" data from 213 facilities were consolidated into a single table, on which you can set the following statistics:
- The largest number of agreements were signed easements and registered in 2007 - 68 pieces;
- The smallest - in 2000 - 3 pieces;
- The majority of contracts concluded in the Kuibyshev region 54 between the enterprises and 16 - the company and the individual;
- Least of all - the Proletarian District 5 between enterprises, 0 - to an individual;
- Most of all contracts between enterprises and the individual lies in the Kuibyshev region in the period from 2005 to 2007.
According to the same Donetsk city administration of land resources for the 2011 contract was signed two easement.
Based on the data, we can conclude that in the Ukraine Institute of servitude not work productively, and it is necessary to develop and improve. Work to improve the situation progresses, but there are still many unresolved issues. For their solution it is necessary to analyze the international experience and apply it to the conditions of our state.
In this master's work task, which is to develop new proposals for the allocation of rights of land owners and owners of underground utilities and to establish new procedures for registration of rights on land with underground utilities.
6. Possible results are expected in the performance of their novelty and significance
1) Development of new methods of registration of land rights to underground utilities
2) Development of new fundamental principles of separation of the rights of land owners and owners of underground utilities
3) Proposals to improve the legislation regulating the management of underground utilities.
List of links
1. Земельный Кодекс Украины от 25.10.2001 N 2768-III [электронный ресурс]. — Режим доступа: http://zakon2.rada.gov.ua/laws/show/2768-14/page
2. Гражданский Кодекс Украины от 16.01.2003 N 435-IV [электронный ресурс]. — Режим доступа: http://zakon2.rada.gov.ua/laws/show/435-15/page
3. Закон Украины «О Государственной регистрации вещных прав на недвижимое имущество и их ограничений» от 03.08.2004 [электронный ресурс]. — Режим доступа: http://zakon2.rada.gov.ua/laws/anot/1952-15
4. Закон Украины «Про телекоммуникации» от 18.11.2003 N 1280-IV [электронный ресурс]. — Режим доступа: http://zakon2.rada.gov.ua/laws/show/1280-15/page
5. Закон Украины «О трубопроводном транспорте» от 15.05.1996 N 192/96-ВР [электронный ресурс]. — Режим доступа: href="http://zakon2.rada.gov.ua/laws/show/192/96-вр
6. Земельный Кодекс Российской Федерации от 25.10.2001 N 136-ФЗ [электронный ресурс]. — Режим доступа: http://www.consultant.ru/popular/earth/
7. Гражданский Кодекс Франции [электронный ресурс]. — Режим доступа: http://constitutions.ru/archives/416
8. Земельное право Украины. Учебник. Шульга М.В. - К.: Юрінком Інтер, 2004. — 368 с.
9. Земельное право Украины. Учебник. Мирошниченко А.Н. – К.: Правова Єдність, 2011. – 678 с.
10. Временные методические рекомендации по оценке соразмерной платы за сервитут в Российской Федерации от 17.03.2004 [электронный ресурс]. — Режим доступа: http://www.ocenchik.ru/docs/241.htm