RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of December 23, 2021 No. 1417

About introduction of amendments to some resolutions of the Cabinet of Ministers of Ukraine

The Cabinet of Ministers of Ukraine decides:

1. Make changes which are applied to acts of the Cabinet of Ministers of Ukraine.

2. Declare invalid the resolution of the Cabinet of Ministers of Ukraine of June 3, 2020 No. 455 "Some questions of realization of pilot project on implementation of exterritoriality in state registration of the parcels of land" (The Official Bulletin of Ukraine, 2020, No. 48, the Art. 1516).

3. To the Ministry of Agricultural Policy and Food together with Public service concerning geodesy, cartography and the inventory, to the Ministry of environment protection and natural resources together with Public service of geology and subsoil, Public service concerning work in a month to provide information exchange for provision (including through the Public cadastral map and statements from the State land cadastre about the parcels of land) the information on subsoil plots provided in use according to special permissions to use of natural resources and the mountain branches necessary for execution of this resolution.

4. To provide to the Ministry of Agricultural Policy and Food together with Public service concerning geodesy, cartography and the inventory in three-months time development and deployment of the software as a part of the State land cadastre necessary for accomplishment of this resolution.

5. This resolution becomes effective from the date of its publication, except paragraphs of the sixth and seventh subitem 36 of Item of 2 changes approved by this resolution which become effective along with entry into force of paragraphs of the fourth and fifth subitem 21 of Item 31 of the Section I of the Law of Ukraine of April 28, 2021 No. 1423-IX "About modification of some legal acts of Ukraine concerning enhancement of management system and deregulation in the field of land relations".

Approved by the Resolution of the Cabinet of Ministers of Ukraine of December 23, 2021 No. 1417

Changes which are made to resolutions of the Cabinet of Ministers of Ukraine

1. In the resolution of the Cabinet of Ministers of Ukraine of August 1, 2011 No. 835 "Some questions of provision by Public service concerning geodesy, cartography and the inventory and its territorial authorities of administrative services" (The Official Bulletin of Ukraine, 2011, No. 59, the Art. 2374, No. 73, Art. 2734; 2012, No. 65, Art. 2669; 2015, No. 46, Art. 1472; 2019, No. 69, Art. 2414):

1) in appendix 2:

exclude Item 1;

to state the subitem 1 of Item 2 in the following edition:

"1) statements from the State land cadastre relatively:	The law of Ukraine "About the State land cadastre"
lands within administrative and territorial units
restrictions in use of lands
restrictions in use of lands with reference to documents based on which data on restrictions in use of lands are entered in the State land cadastre
the parcel of land with:
- the data on the corporeal rights to the parcel of land, their restrictions received according to the procedure of information exchange from the State register of the corporeal rights to real estate	The laws of Ukraine "About the State land cadastre" and "About state registration of the corporeal rights to real estate and their encumbrances"
- the data on the corporeal rights to the parcel of land, their restrictions received according to the procedure of information exchange from the State register of the corporeal rights to real estate and data on the subsoil plots provided in use according to special permissions to use of natural resources and the acts of provision of mountain branches received according to the procedure of information exchange from Gosgeonedrami and Gostrud and/or the reference to documents based on which data on restrictions in use of lands are entered in the State land cadastre
- all data entered in the Land book except data on the corporeal rights to the parcel of land which arose after January 1, 2013.	The law of Ukraine "About the State land cadastre"
- all data entered in the Land book except data on the corporeal rights to the parcel of land which arose after January 1, 2013 and data on the subsoil plots provided in use according to special permissions to use of natural resources and the acts of provision of mountain branches received according to the procedure of information exchange from Gosgeonedrami and Gostrud and/or the reference to documents based on which data on restrictions in use of lands are entered in the State land cadastre";

 Item 7 of appendix 3 to exclude 2).

2. According to the procedure of maintaining the State land cadastre, No. 1051 approved by the resolution of the Cabinet of Ministers of Ukraine of October 17, 2012 (The Official Bulletin of Ukraine, 2012, No. 89, Art. 3598; 2014, No. 97, Art. 2786; 2015, No. 79, Art. 2650; 2016, No. 25, Art. 992; 2018, No. 72, Art. 2429; 2019, No. 69, Art. 2397; 2020, No. 4, Art. 198, No. 84, Art. 2714; 2021, No. 65, Art. 4117):

1) in the subitem 1 of Item 2:

the paragraph one to state in the following edition:

"1) the address about entering of data (changes in them) into the State land cadastre - such statements and messages electronically:";

add the subitem after the paragraph of the ninth with the paragraph of the following content:

"the address concerning use of the corresponding data - such statements in electronic or paper form;".

With respect thereto the tenth - the fourteenth to consider paragraphs respectively paragraphs the eleventh - the fifteenth;

2) in Item 6:

the paragraph the fourth subitem 1 after words" (The Autonomous Republic of Crimea, areas, of Kiev and Sevastopol, areas, the cities, settlements, villages, areas in the cities)" to add with words ", the territories of territorial communities";

in subitem 6 the word "legislation" shall be replaced with words "the laws and regulatory legal acts adopted according to them, documentation on land management and town-planning documentation";

the subitem 7 after words" (The Autonomous Republic of Crimea, areas, of Kiev and Sevastopol, areas, the cities, settlements, villages, areas in the cities)" to add with words ", the territories of territorial communities";

3) in Item 9-1:

in subitem 1 of the word of "statements for provision of data from the State land cadastre" shall be replaced with words "the addresses about entering of data (changes in them) into the State land cadastre and the addresses concerning use of the corresponding data";

state subitem 2 in the following edition:

"2) conducting check submitted the addresses and documents to them to requirements of the legislation;";

in subitem 4 of the word of "statements for provision of data from the State land cadastre" shall be replaced with words "the addresses about entering of data (changes in them) into the State land cadastre and the addresses concerning use of the corresponding data";

  "Paper or" to exclude 4) in Item 15 of the word;

5) to add the Procedure with Item 15-1 of the following content:

"15-1. The data of the State land registry, documents created when maintaining the State land cadastre for the purpose of confirmation of their origin, integrity and reliability remain raspredelitelno (by creation, storage and protection of their backup copy) at:

the administrator of the State land cadastre within administration of the State land cadastre according to requirements of this Procedure;

The state geoinventory based on the agreements signed with the administrator of the State land cadastre on work and rendering the services connected with administration of the State land cadastre;

The national center of reservation of the state information resources according to requirements of the Procedure for functioning of the National center of the reservation of the state information resources approved by the resolution of the Cabinet of Ministers of Ukraine of February 8, 2021 No. 94 "About implementation of the pilot project on functioning of the National center of reservation of the state information resources" (The Official Bulletin of Ukraine, 2021, No. 14, the Art. 578).

The list of state bodies, the state companies, public institutions determined in paragraphs the second - the fourth this Item, can be in case of need added by modification of this Procedure.";

 The paragraph the ninth the subitem 8 of Item 22 to exclude 6);

7) to add the Procedure with Item 22-1 of the following content:

"22-1. In the State land cadastre the following data on lands in borders of the territory of territorial community are entered:

1) name of territorial community;

2) description of borders of the territory of territorial community:

graphical representation of borders of the territory of territorial community with coordinates of rotary points, the text description and length (in general and certain sites);

quantity and coordinates of land marks by which in nature (on the area) it is fixed limits of the territory of territorial community (in general and certain sites);

acreage within the territory of territorial community;

3) name of adjacent territorial communities;

4) information on materials based on which borders of the territory of territorial community are established:

the name, date and number of the decision on approval of documentation on land management concerning establishment of borders of the territories of territorial communities, the name of body which accepted it;

scans copies/photocopies of documents based on which borders of the territory of territorial community are established.";

  To add Item 23 with paragraphs of the following content:

"Before entering into the State land cadastre of data on the description of borders and restrictions in use of lands with coordinates of rotary points of such borders of the territory of monuments of cultural heritage, zones of protection of objects of cultural world heritage, buffer zones, historical areas of the inhabited places, the protected archaeological territories, historical and cultural reserves and the historical and cultural reserved territories, the State land cadastre joins the following data on the specified restrictions in use of lands:

type;

restriction content;

the description of rezhimoobrazuyushchy object - the contours, names and characteristics causing establishment of restrictions;

distance from contour of rezhimoobrazuyushchy object to which restriction in use of lands extends;

information on documents based on which restrictions in use of lands are set.

Technological and software of the State land cadastre shall provide the automated delimitation of restrictions in use of lands in the amount and cases provided by the paragraph the sixteenth this Item, by determination of distance from contour of rezhimoobrazuyushchy object without the need for work for land management by determination of coordinates of rotary points of the specified borders.";

 The subitem 9 of Item 45 to exclude 9);

10) to add the Procedure with Item 54-1 of the following content:

"54-1. The land book opens once in electronic and paper form (except case of recovery of the lost Land book) and is kept constantly and continuously.

In case of introduction of data (changes in them) on the registered parcel of land such data are entered in the Land book:

in paper form - the State cadastral registrar in the location of the parcel of land;

electronically - the State cadastral registrar chosen by means of the software of the State land cadastre by the principle of accident.";

  Item 62 to add 11) with the paragraph of the following content:

"The message on cancellation (updating) of record makes sure by imposing of the qualified digital signature of the State cadastral registrar and goes electronically means of telecommunication communication to the e-mail address specified in the statement for introduction of data (changes in them) or with use of the Single state web portal of electronic services, including the separate official web page of Gosgeokadastr (further - Gosgeokadastr's web page) which provides forming and filing of application.";

 The subitem 2 of Item 64 to state 12) in the following edition:

"2) provision of data from the State land cadastre in the form of the statement from the State land cadastre about the parcel of land.";

 The paragraph of the seventh of Item 67 to state 13) in the following edition:

"Documentation on land management, technical documentation according to lands electronically make sure by imposing of the digital signature of the certified engineer land surveyor based on the qualified digital signature certificate with use of qualified electronic mark of time.";

14 in Item 69:

word in paragraph one" (in paper or electronic form)" to exclude;

state paragraph two in the following edition:

"The statement together with documentation on land management or technical documentation of assessment of lands electronically, the electronic document and other documents specified in Items 91 - 129, 135 - 137 presents About, and in the cases determined by the legislation only the application is submitted by the applicant personally or goes electronically means of telecommunication communication with use of the digital signature based on the qualified digital signature certificate or other alternative means of electronic identification of person with use of the Single state web portal of electronic services including through Gosgeokadastr's web page.";

15) in Item 70:

to add subitem 1 after words of "The state land cadastre" with the words "and availability of the digital signature based on the qualified digital signature certificate or other alternative means of electronic identification of the personality in the address";

exclude subitem 3;

add Item after the paragraph of the fifth with the new paragraph of the following content:

"5) availability of the digital signature of the certified engineer land surveyor imposed on documentation on land management, technical documentation according to lands electronically based on the qualified digital signature certificate with use of qualified electronic mark of time.".

With respect thereto to consider paragraphs of the sixth and seventh respectively paragraphs the seventh and eighth;

to state the paragraph of the seventh in the following edition:

"In case of the address about introduction of the corresponding data (changes in them) of inadequate person (person who cannot be applicant according to this Procedure), submissions by the applicant of incomplete document package and/or discrepancy of the electronic document for conducting its check by means of the software of the State land cadastre and/or absence according to lands electronically of the digital signature of the certified engineer land surveyor based on the qualified digital signature certificate with use of qualified electronic mark of time the State cadastral registrar refuses documentation on land management, technical documentation to such person, to the applicant in reception of an application is direct at the time of its representation or in day of receipt by means of telecommunication communication of the specified documents in form according to appendix 13 with indication of recommendations about elimination of the reasons, which are the basis for such refusal, including the name and the location of body to which powers introduction of data (changes in them) on subject of the State land registry belongs (except the cases established by the subitem 3 presents of Item).";

  Item 71 in paragraph one the word of "copies" to replace 16) with the word "forms";

17) in the subitem 3 of Item 72:

paragraph two after words" (number and series of the document, date of its issue, the information about the subject which issued it" to add with words ", contacts of person (the e-mail address, contact phone number)";

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