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Abstract

Content

1. Analysis of the existing regulatory framework of the topic under study

1.1 Regulatory legal base of the land cadastre

The current Code of Ukraine is the main regulatory legal act regulating issues in the sphere of land relations, which, according to Article 86 of the Constitution of the Donetsk People's Republic, is applied on the territory of the DPR in part that does not contradict the Constitution of the Donetsk People's Republic [1]. The Land Code of Ukraine defines the concept, purpose, assignments and composition of information of the State Land Cadastre.

On the territory of the Donetsk People's Republic, the State Land Cadastre is governed by the Decree of the Council of Ministers of the DPR No. 17–16 of September 2, 2015 On the approval of the Temporary Procedure for the State Land Cadastre and the registration of land use rights. According to this regulatory legal act – the state land cadastre – a unified state geoinformation system of information about lands located within the boundaries of the Donetsk People’s Republic, their intended purpose, restrictions on their use, as well as data on the quantitative and qualitative characteristics of land, their assessment, land allocation between owners and land users [2].

1.2 Legislative regulation of the process of entering, deleting and correcting information

State Land Cadastre contains information:

  • about the objects of the State Land Cadastre;
  • registered rights of permanent use, lease, sublease of land;
  • on the rights to use someone else’s land for agricultural needs (emphyteusis) and for development (superficies);
  • on registered property rights to land plots obtained as a result of interaction with the bodies of the Ministry of Justice of the Donetsk People's Republic.

Information about the objects of the State Land Cadastre is changed, entered into the State Land Cadastre continuously [3]. Information and changes are made simultaneously to the documents of the State Land Cadastre in text and graphic form.

The introduction of information (changes to them) in the State Land Cadastre is carried out at the request of the customer of the land management documentation and land assessment or its developer on behalf of the customer, if it is provided for by the contract for the performance of relevant works.

After checking by an official of the territorial body (structural subdivision) of the documentation submitted for entering information, information is entered into the SLC or a decision is taken to refuse to enter information [4].

1.3 Correction of errors made in the management of the SLC

Errors in the State Land Cadastre are:

  • Technical error (slip, printed, grammatical, arithmetic or other error), made by the body that maintains the State Land Cadastre.
  • Technical error (slip, printed, grammatical, arithmetic or other error) made not through the fault of the authority that maintains the State Land Cadastre (including a technical error in the documents on the basis of which information was entered into the State Land Cadastre).
  • An error made in the State Land Cadastre information due to an error in land management documentation and land valuation (including detected after transferring land information from the State Land Registry and information on other objects of the State Land Cadastre contained in land management and land valuation documentation, approved and transferred to the State Fund for land management documentation).
  • The error made in the information of the State Land Cadastre, entered into it from other cadastres and information systems in the order of information interaction.

If an individual or legal entity reveals a technical error in the extraction or a certificate from the State Land Cadastre, the person concerned shall notify the territorial authority (structural subdivision) in writing about the location of the land plot [5].

Consideration of applications by the official no later than five working days after receipt of such a statement.

If the fact that the State Land Cadastre does not comply with the information contained in the documents that are the basis for such information is confirmed, the official (without charging) using the State Land Cadastre software [6].

Corrects an error (except when a technical error is made through no fault of the authority responsible for maintaining the State Land Cadastre) and notifies in writing no later than five working days about the error correction to those interested. If according to the results of consideration of the application, it is established that the State Land Cadastre information corresponds to the information contained in the documents that are the basis for entering such information and do not need to be corrected, the official informs the applicant about the refusal.

If according to the results of consideration of the application for detection of a technical error, it is established that the State Land Cadastre information corresponds to the information contained in the documents that are the basis for their entry, but that need to be corrected in such documents, the official informs the applicant about this with indication of the documents and technical errors in them , the correction of which must precede the correction of the relevant information in the State Land Cadastre. The correction of technical errors made in the State Land Cadastre information due to the presence of technical errors in the documents on the basis of which such information was entered is carried out after the correction of errors in the specified documents and upon the application of the interested person.

In case of detection of a technical error made in the State Land Cadastre information, the authority maintaining it, the specified authority notifies the interested person in writing no later than five working days and corrects the indicated error [7]. Correction of errors made in the information of the State Land Cadastre due to an error in the documentation on land management and land valuation is carried out after making changes to such documentation.

In case of detection by the body in charge of the State Land Cadastre, in the documentation of land management and land assessment of an error made in its information, the specified body notifies the interested person in writing no later than five working days in writing about this error. Correction of errors in information about a land plot can also be carried out on the basis of technical documentation on land management regarding the establishment (restoration) of land plots in kind (on location), land inventory materials or a court decision.

In case of detection by the body in charge of the State Land Cadastre, an error in assigning a cadastral number to the land plot, the specified body no later than five working days from the moment an error was detected. Corrects a mistake in the cadastral number by assigning the land plot using the software of the State Land Cadastre of the new cadastral number following the last one in the corresponding cadastral quarter. In writing informs the owners, land users of the respective land plot about this.

Errors made in the information of the State Land Cadastre, transferred to it from other cadastres and information systems in the order of information interaction, shall be corrected in the State Land Cadastre after they are corrected in the relevant cadastres and information systems. A common problem is the overlapping of sections, the intersection of them. As a result, there are errors in determining the areas of plots, because of which there are many issues related to taxation and the rented rent, inconsistency of borders on the terrain with the borders on maps, disputes of adjacent land users and landowners.

Such a problem began to occur relatively recently – since the Law of Ukraine On the State Land Cadastre entered into force in 2013, as well as opening access to the automated Public cadastral map. According to the Law, since January 1, 2013, the ownership of land plots ceased to be issued, and the only title document was a certificate of ownership. In addition, it was actually established the obligation of land owners to carry out state registration and obtain cadastral numbers for their land plots, which, in the case of the imposition of borders of land plots, turned out to be very difficult. Difficulties in obtaining cadastral numbers are primarily related to legislative restrictions, which prohibit state registration of land plots located within the borders of other land plots or their parts (superimposed on them). Of course, the imposition of boundaries of land plots is a consequence of the unfair work of the land management organization and the registrar.

In 2009, the Constitutional Court of Ukraine in its decision found that local governments have the right to make changes as well as cancel their acts, which makes it possible to out-of-court settle the problem of imposing land plots by applying to the authority that issued the state act on land. Such appeal is possible only in the case when there is no dispute and the land owners managed to reach a consensus. Maintaining the SLC is primarily aimed at state land registration, control over their use and protection. One of the basic principles of the SLC is objectivity, reliability and completeness of information in the State Land Cadastre. According to this principle, the existence of such a problem as the imposition of sections and the intersection of their borders is unacceptable. The existence of this problem should be solved by law at the republican level.

2. Problem Resolution Suggestions

According to the analysis of the regulatory framework of the SLC, a number of shortcomings were identified:

  • ignoring at the state level the existence of overlaps and crossings of land borders;
  • the absence of criteria for identifying overlaps and intersections of borders of land plots and norms for their elimination;
  • the lack of a methodology for adjusting the geospatial properties of the SLC data;
  • lack of support for solving this problem in large quantities at the state level.

First of all, to solve the problem, a number of measures are needed on the part of the state and the authority of the SLC, which would facilitate the discovery of land plots that overlap and overlap. This stage can be solved in the order of inventory [9]. In the future, it is recommended to use automatic systems for adjusting the coordinates of the turning points of the borders of land plots, which would allow to perform equalization with minimal changes in the areas of plots. But to perform this procedure, it is necessary to develop an appropriate regulatory and methodological framework that would perform the following tasks:

  • determination of criteria for identifying areas for adjustment;
  • the use of automation of the adjustment of the coordinates of the turning points of the borders of the sections;
  • the order of actions and measures taken to eliminate overlaps and intersections;
  • minimization of changes made to documentation and registration data;
  • funding for ongoing activities.

At this stage of the research work, as a result of the analysis of the sources, its relevance has been revealed. Solving the problem in full involves the development of recommendations for a regulatory act that could regulate the adjustment of the geospatial data of the SLC objects. At the next stage, it is planned to conduct further research on the topic aimed at comparing with the methods of eliminating overlaps and crossing borders of land plots of other states, as well as the legal regulation of the solution of this issue.

References

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