RUS | UKR || DonNTU > Master's Portal
Sverdlova Elena
Institute of Mining and Geology
Department of Geoinformatics and Geodesy
Speciality "Land surveying and cadastre"
Improving of the information and methodical providing of the system of the state land cadastre of Ukraine
Scientific adviser: PhD Mytrofanova Olena
Resume
Abstract
Content
The object of the work and the tasks of the research
State Land Cadastre. Its purpose and objectives
Overview of study area of research
The draft law of Ukraine «On State Land Cadastre»
International Program Cadastre-2014
Relevance
During the land reform have been significant changes in the prevailing land tenure and land distribution between different social groups. Abolished the state monopoly on land, citizens and legal entities became owners of the land and can choose to transact with the land. Land classified as real estate, which required a decision on the coordination of land cadastre registration of real estate rights. In contrast to the existing unified system of land law, modern legal framework governing land relations, is characterized by heterogeneity of land rights, the variable-volume authority on the disposal of land, it is nonuniform in different regions. However, the prevailing to the top of the land reform procedure for keeping the land cadastre was not adapted to the changes, so his improvement has become a prerequisite for the formation and subsequent stable functioning market economy.
Primitive land records of ancient China or ancient Egypt and modern automated technology of land cadastre pursue one goal - ensuring the state, as well as all interested parties with objective information about the land, which should be compatible with information about other natural resources. At all times, mankind has sought the most appropriate and advanced methods of land inventory (real or partsellyarny inventories), has changed its content. In today's economy, land and cadastral systems have become an integral part of management, without creating impossible to land market and real estate, and development of the investment process.
As the content of the land inventory and the order of reference must correspond to the level of socio-economic development of society, the prevailing relations of production, special urgency on improving the land cadastre as a tool for land use management and regulation of land relations, acquire a radical change in the land system. During the implementation of land reform have changed the form of land ownership, rights and duties of the subjects of land relations, there was a significant redistribution of land associated with their removal from one part of the population and the transfer of another, forming new and streamlining of existing land use.
Came to the fore issues of protection of rights of land users, providing them and other interested parties information about the land, to ensure payment, land use and land transactions. This change in land relations and the drawing of a large number of new participants, significant changes in land use, land allocation to real estate, privatization of large areas of public lands and their involvement in market turnover demanded changes in the established views on the content and process of state land cadastre [1].
Animation was created in the program GIF-Animator
How to improve the state land cadastre has always been and will be very important.
The aim is to improve the informational and methodological support of cadastral and registration system of Ukraine.
Objectives:
1. Analysis of current state of the cadastral system in Ukraine and other foreign countries, identifying the main prerequisites for improving the state land cadastre in Ukraine.
2. Formation of a system of criteria and requirements for legislative and methodological support of cadastral and registration activities in Ukraine.
3. Developing a model cadastral and registration activities in Ukraine.
State Land Cadastre. Its content, purpose and objectives
the State Land Cadastre - a set of documented information on the location, purpose and legal status of the land. This contains a set of data on territorial zones, as well as the presence located on the land and permanently associated facilities. Documents of the State Land Cadastre is divided into:
- basic;
- auxiliary; ;
- derivatives.
Go to the main include Single State Register of land inventory deeds and duty cadastral maps (plans). Unified state land register contains basic information about land plots, namely:
- Identifiers; ;
- data on the location, area, land category, and you have permission to use land;
- description of land boundaries and their parts;
- duly registered property rights and restrictions (encumbrances);
- qualitative characteristics, including fertility rates for certain categories of land;
- information on the availability of real estate firm associated with the land.
In turn, the survey work is a collection of documents confirming the occurrence or termination of the land as an object of state cadastral registration.
Cadastral map (plan) is a map (plan), which in both graphical and textual forms reproduced the information contained in the State Land Cadastre. Depending on the composition of the reproduced data and the purposes of their use distinguish cadastral maps (plans) of land, patrolled by the cadastral maps (plans) and derivatives of cadastral maps (plans). Cadastral map (plan) of land in both graphical and textual form reproduces information about land. Wardens cadastral maps (plans) in both graphical and textual forms reproduce the data on the location of land and territorial zones. Derivatives of cadastral maps (plans) in both graphical and textual forms reproduce the generalized information about the Land Trust Fund, as well as economic, social, natural and other processes associated with the land [2].
It is assumed that the SLC should be the basis for conducting inventories of other natural resources, although at this stage he practically does not perform these functions.
Appointment of the SLC is to provide the necessary information, government bodies and local authorities, interested companies, organizations, as well as citizens, to regulate land relations, rational use and protection of land and determine the amount of payment for the land and the value of land in natural resources, control the use and protection of land, economic and environmental justification bizes plans and land management projects (st.194 ZKU).
Unfortunately almost all the components of the SLC in Ukraine are carried out with considerable difficulties.
Overview of study area of research
An analysis of 42 theses of Ukrainian scientists and scholars of the CIS countries on the inventory, as well as articles and publications relating to the issue of improving the process of conducting the state land cadastre. Depending on the subject of scientific papers, all abstracts were divided into several groups (see Figure 1, 2):
Figure 1 — Organize focus of research in the field of cadastre in Ukraine
Figure 2 — Organize focus of research in the field of cadastre in CIS countries
After analyzing the scientific work, made a number of fundamental problems in the system of state land cadastre in Ukraine:
1. failure to comply with basic tasks SLC;
2. misbalanced regulatory and legal environment in the area of land cadastre;
3. inventory problems zoning;
4. problems of cadastral survey ;
5. problem soil evaluation ;
6. the problem of economic valuation of land ;
7. problems of monetary valuation of land ;
8. problems of state land registration ;
9. accounting problems of quantity and quality of land .
Draft Law of Ukraine «On State Land Cadastre»
The post-Soviet Ukraine - the only country that still has no law on the Land Registry. During the long period of government officials and MPs can not choose one of two alternatives.
The first alternative - the concept of state of the inventory, consisting of a hierarchically organized levels - local, regional and nationwide. The main link in this scheme - the inventory that is created and controlled by the local authority.
The second alternative - a single-level inventory of the state, alone and single-handedly created State Committee of Ukraine in the field. It is known that the bill "On State Land Cadastre" three headed to Parliament three times and came back for revision [2].
Having analyzed the provisions of the last bill (from 2.4.2011, the register. ¹ 8077), was compiled by a summary table of the existing problems in the area of the SLC Ukraine and suggestions on the draft law (tab.1).
| ¹ | Existing problems in the area of the SLC Ukraine | Suggestions on the draft Law of Ukraine «On State Land Cadastre» |
| 1 | - state land registration is conducted during each operation with the land, and includes a procedure for issuing state deeds or registration of leases | - procedure, the information only to the assignment of cadastral numbers parcel of land at its formation |
| 2 | - Land is not identified | - cadastral number of the land must be included in decision |
| 3 | - not explicitly defined a list of documents on land management and land evaluation | - define the entire list of documents on land management and land evaluation |
| 4 | - in the process of entering data on the area, involved a disproportionate number of people | - analysis of the documentation submitted and make all data on the plot is carried out exclusively by district (city) territorial bodies of the central executive authority responsible for land |
| 5 | - not defined the status and check the exchange file | - proposed to determine the status and check the exchange file |
| 6 | - the question of establishing time limits for data on land parcels in the SLC on zpkonodatelnom level is not resolved | - A general term to make the data about the land plots in the SLC |
| 7 | - without exception, the restrictions (encumbrances) in the use of land subject to state registration | - provided for the introduction of a fundamentally new approach to setting limits on the use of land |
| 8 | - does not provide data mapping SLC on the Internet with open access regimes | - provides data mapping SLC on the Internet with open access regimes (except for data, free flow of which is prohibited by law) |
| 9 | - a document confirming the ownership of land is a state act on land ownership | - abolition in 2013 of state acts, confirming the ownership of land. In accordance with the new Law of Ukraine «On state registration of rights in rem in immovable property and obremineny, the existence of two documents that prove this law (Public Act and vityaga on registration of property rights) has no meaning. |
The experts do not have a single opinion on the adoption of this law: some think that the bill will simplify the procedure of registration of land transactions, while others called the law «difficult», citing the fact that: «The mechanism responsible parties conducting the inventory is not discharged, and therefore will continue corruption and disorder ».
So we can conclude that those provisions are contained in the draft law is not enough, you need to supplement it with the missing provisions for improving the system of the SLC.
Cadastre-2014
At the XX FIG Congress 1994 in Melbourne, Australia, Commission 7 decided to initiate three working groups for the four-year period until the next congress in 1998. According to the Commission’s goals, the working groups were to study different aspects of cadastre and land management.
Working group was given the task to study cadastral reform projects in developed countries. Two elements had to be considered in detail: the on-going automation of the cadastres and the increasing importance of the cadastre as part of a larger land information system. Based on trend analysis, the working group produced a vision of where cadastral systems might be in twenty years, of the changes that might take place, of the means by which these changes can be achieved, and of the technology to be used to implement these changes. The mission of the working group was named "Vision Cadastre 2014" to underpin the task to create a vision of how cadastres might work and look like twenty years from the outlook of 1994.
Based on studies of existing cadastral systems and on the answers to the questionnaire, the working group agreed to six statements on the development of cadastre in the next twenty years. These six statements dealt with the mission and content, the organization, the technical development, the privatization, and the cost recovery of cadastral systems. These provisions and their main ideas are presented in Table 2 [3].
| ¹ | Inventory provisions -2014 | Basic ideas |
| 1 | Purpose and content of Cadastre 2014 | Cadastre 2014 will reflect the full right position of land, including public rights and restrictions. |
| 2 | Organization of Cadastre 2014 | Separation between maps and registers will be abolished. |
| 3 | Technical Development of Cadastre-2014 | The cadastral mapping will wither away. Long live the simulation. Paper and pencil disappear from the inventory. |
| 4 | Privatization in Cadastre 2014 | Cadastre 2014 will be highly privatized. Public and private sector work side by side. |
| 5 | Self-Sufficiency in Cadastre 2014 | Cadastre 2014 will be completely self-sustaining. |
Comparing the current state of the SLC in Ukraine and the tasks that have set themselves the developers of the program Cadastre-2014 nearly 20 years ago, one could argue that in the SLC is still not resolved a number of problems, for example, the issue of automation of public land management.
Conclusion
In the current circumstances, the role of the state land cadastre has increased considerably. The need for accurate, rapid and clear the land and inventory information when making various land transactions requires clarification of its theoretical and methodological positions in relation to the current situation, as our regulatory and legal environment in this area is completely unbalanced. There are no clear concepts such as the SLC system should work. All contradictory. One of the most effective mechanisms to address land management and real estate in Ukraine is to introduce a unified cadastral and registration system. In a unified cadastral and registration system has several advantages.
In the implementation of the functions of registration and to ensure the reliability of the rights of the state, such a system will facilitate the development and transparency of land markets [4].
Also, this will:
- reduce delays in obtaining tenure and the number of visits needed for registration of cadastre and registration ;
- avoid duplication of information and coordinate information in the information databases.
In writing this essay master's work is not completed yet. The final completion - December 2011
Based on the experiences of Sweden - a country which has made great strides in establishing the registry of property, planned to reveal the basic premise of improving the system SLC Ukraine.
The result of this work will provide recommendations on improving the legal framework concerning the conduct of the SLC, as well as to present a model of registration activities in Ukraine.
Full text works and materials on the topic can be obtained from the author or his manager after that date .
Sources
- Lipsky, Stanislav Andzheevich. Thesis: «Improving the State Land Cadastre of the Russian Federation in the delineation of land ownership and land market development», [electronic resource]. - Mode of access: http://www.dissercat.com/content/;
- Lazarenko, Andrei V.. Article: « Clash of the Titans» for inventory ...», [electronic resource]. - Mode of access: http://www.trn.com.ua/articles/370/;
- International Program Sadastre2014 [electronic resource]. - Mode of access: http://www.fig.net/cadastre2014/translation/c2014-russian.pdf;
- L³zunova Al³na Petr³vna.: «Improving information and methodological support CADASTRE-registration system» Dis ... Cand. Techn. Science: 05.24.04 / Kiev University of Civil Engineering and Architecture. - K., 2006. – 151 p .