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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of July 25, 2023 No. 766

Some questions of renewal of pilot project on entering into the State land cadastre of data on the parcels of land by the certified engineers land surveyors in the conditions of warlike situation

The Cabinet of Ministers of Ukraine decides:

1. Resume realization of pilot project on entering into the State land cadastre of data on the parcels of land by the certified engineers land surveyors, the Cabinet of Ministers of Ukraine entered by the resolution of December 29, 2021 No. 1438 "Some questions of realization of pilot project on entering into the State land cadastre of data on the parcels of land by the certified engineers land surveyors" (The Official Bulletin of Ukraine, 2022, No. 6, the Art. 345).

2. Determine that during warlike situation in Ukraine and within a month from the date of its termination or cancellation, but not later than till December 31, 2023, realization of pilot project is provided taking into account the following features:

1) the powers determined in Item 2 of the Procedure for realization of pilot project by entering into the State land cadastre of data on the parcels of land by the certified engineers land surveyors and requirements for carrying out monitoring of accomplishment by the certified engineers land surveyors of powers of the State cadastral registrars, and also procedure for appeal of decisions on entering of the data into the State land cadastre made by the certified engineers land surveyors within pilot project approved by the resolution of the Cabinet of Ministers of Ukraine of December 29, 2021 No. 1438 "Some questions of realization of pilot project on entering into the State land cadastre of data on the parcels of land by the certified engineers land surveyors" (further - the Procedure and requirements), are performed by the certified engineers land surveyors included in the list of the certified engineers land surveyors which in the conditions of warlike situation perform appropriate authority that affirms Public service concerning geodesy, cartography and the inventory in coordination with the Ministry of Agricultural Policy and Food (further - the list). Appropriate authority is performed by the certified engineers land surveyors within the administrative and territorial units which are not relating to the territories in which active fighting or temporarily occupied, and taking into account requirements of subitems 7 and 9 of Item 1 of the resolution of the Cabinet of Ministers of Ukraine of May 7, 2022 No. 564 "Some questions of maintaining and functioning of the State land cadastre in the conditions of warlike situation" (The Official Bulletin of Ukraine, 2022 is conducted No. 41, of the Art. 2218);

2) entering of information about the certified engineer land surveyor into the list or provision of refusal in such introduction is performed by Public service concerning geodesy, cartography and the inventory in coordination with the Ministry of Agricultural Policy and Food after check of compliance of such certified engineer land surveyor to the requirements established by the legislation, including subitems 4 and 5 of this Item;

3) check of compliance of the certified engineer land surveyor to the requirements established by the legislation is carried out in time, not exceeding 15 working days from receipt date in Public service concerning geodesy, cartography and the inventory from such certified engineer land surveyor of the statement for provision of access to the State land cadastre for implementation of the powers determined in Item 2 of the Procedure and requirements together with the documents attached to it specified in the paragraph the second this subitem in paper or electronic form.

Filing of application about provision of access to the State land cadastre together with the reference of compliance of the automated workplace of the user and the certificate of results of training of the certified engineer land surveyor within pilot project on entering into the State land cadastre of data on the parcels of land by the certified engineers land surveyors is performed according to Items 7 and 43 of the Procedure and requirements.

The statement of the certified engineer land surveyor in which there are no data provided by the Procedure for maintaining the State land cadastre approved by the resolution of the Cabinet of Ministers of Ukraine of October 17, 2012 No. 1051 (The Official Bulletin of Ukraine 2012, No. 89, of the Art. 3598) (further - the Procedure for maintaining the State land cadastre), and/or the available contradictions between the corresponding data and documents attached to it remains without consideration about what Public service concerning geodesy, cartography and the inventory the letter reports the corresponding certified engineer land surveyor.

By results of consideration of the application Public service concerning geodesy, cartography and the inventory the letter reports to the corresponding certified engineer land surveyor about its compliance or discrepancy to the requirements established by the legislation, and on entering of the corresponding information about him into the list or on refusal in such introduction;

4) in addition to the requirements established by the legislation, the certified engineers land surveyors shall correspond to the following criteria:

length of service of the certified engineer land surveyor constitutes at least two years;

absence accepted by Public service concerning geodesy, cartography and the inventory of decisions on deprivation, cancellation, suspension of action of the qualification certificate of the certified bases engineer land surveyor, the determined Law of Ukraine "About land management";

the average number of documentation on land management by the certified engineer land surveyor developed and submitted for entering into the State land cadastre (except for the documentation on land management developed and submitted during the period of warlike situation) makes at least 100 in year;

5) the additional requirement to the automated workplace of the certified engineer land surveyor as the user of the State land cadastre is the static (allocated) IP address of the device (equipment) from which the certified engineer land surveyor provides implementation of the powers determined in Item 2 of the Procedure and requirements.

In case of change of the static (allocated) IP address of the device (equipment) from which the certified engineer land surveyor provides implementation of the powers determined in Item 2 of the Procedure and requirements the notification with information on such change moves the certified engineer land surveyor in Public service concerning geodesy, cartography and the inventory. The specified notification in three-day time is considered by Public service concerning geodesy, cartography and the inventory together with the administrator of the State land cadastre by results of what change of data on the static (allocated) IP address of the device (equipment) from which the certified engineer land surveyor provides implementation of the powers determined in Item 2 of the Procedure and requirements is performed;

6) information on observance of the requirements established by subitems 4 and 5 of this Item moves the certified engineer land surveyor in any form together with the statement for provision of access to the State land cadastre for implementation of the powers determined in Item 2 of the Procedure and requirements;

7) idea and consideration of the applications of provision of access to the certified engineers land surveyors to the State land cadastre for implementation of the powers determined in Item 2 of the Procedure and requirements are performed according to requirements of Item 188-1 of the Procedure for maintaining the State land cadastre taking into account the features determined in subitems 3-6 of this Item according to the procedure of priority from the date of receipt of the corresponding statements in Public service concerning geodesy, cartography and the inventory, but no more than 400 statements a month.

In case of receipt in Public service concerning geodesy, cartography and the inventory of bigger number of statements, than it is specified in this subitem, their consideration is performed first of all next month with adherence to deadlines, 3 presents of Item specified in the subitem;

8) in case of obtaining by Public service concerning geodesy, cartography and the inventory it is direct or from the Ministry of Agricultural Policy and Food, the regional, Kiev city, district military authorities, other public authorities of information on the facts of violations by the certified engineer land surveyor included in the list, the data (changes in them) allowed in case of decision making about entering into the State land cadastre, on provision of data from the State land cadastre and also about refusal in entering into the State land cadastre or provision from it of data, when implementing other powers determined by the Law of Ukraine "About the State land cadastre" and other violations of requirements of the legislation Public service concerning geodesy, cartography and the inventory makes the decision on temporary blocking to such certified engineer land surveyor of access to the State land cadastre for a period of up to seven days. Public service concerning geodesy, cartography and the inventory gives the corresponding assignment to the administrator of the State land cadastre instantly;

9) during the term specified in the subitem 8 of this Item Public service concerning geodesy, cartography and the inventory considers the provided information and in coordination with the Ministry of Agricultural Policy and Food makes the final decision on recovery to such certified engineer land surveyor of access to the State land cadastre or on its cancellation.

3. Bring the enclosed changes in resolutions of the Cabinet of Ministers of Ukraine.

4. In a month from the date of publication of this resolution to provide to the Ministry of Agricultural Policy and Food together with Public service concerning geodesy, cartography and the inventory recovery of pilot project on entering into the State land cadastre of data on the parcels of land by the certified engineers land surveyors.

5. This resolution becomes effective in month from the date of its publication and is effective before the termination or cancellation of warlike situation in Ukraine and within a month from the date of its termination or cancellation, but not later than till December 31, 2023.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of July 25, 2023 No. 766

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

1. According to the procedure of realization of pilot project on entering into the State land cadastre of data on the parcels of land by the certified engineers land surveyors and requirements for carrying out monitoring of accomplishment by the certified engineers land surveyors of powers of the state cadastral registrars, and also procedure for appeal of decisions on entering of the data into the State land cadastre made by the certified engineers land surveyors within pilot project approved by the resolution of the Cabinet of Ministers of Ukraine of December 29, 2021 No. 1438 "Some questions of realization of pilot project on entering into the State land cadastre of data on the parcels of land by the certified engineers land surveyors" (The Official Bulletin of Ukraine, 2022, No. 6, the Art. 345):

Item 33 after words of "territorial authorities of Gosgeokadastr" to add 1) with the words "or the certified engineers land surveyors performing continuously within a month the powers determined in Item of 2 these Procedures and requirements";

2) in Item 34:

the paragraph one to state in the following edition:

"34. Territorial authorities of Gosgeokadastr or legal entities as a part of whom the certified engineer land surveyor performing continuously within a month the powers determined in Item of 2 these Procedures and requirements works on principle place of employment:";

third after words of "the state cadastral registrars" to add the paragraph with the words "or the certified engineers land surveyors performing continuously within a month the powers determined in Item of 2 these Procedures and requirements";

Item 35 to state 3) in the following edition:

"35. The certified engineers land surveyors who showed willingness to pass training give to territorial authority of Gosgeokadastr or legal entity as a part of which the certified engineer land surveyor performing continuously within a month the powers determined in Item of 2 these procedures and requirements in which (in which) intend to pass training, the written application with indication of number of the qualification certificate and date of its issue works on principle place of employment.";

Item 36 to add 4) with the offer of the following content: "The legal entity as a part of whom the certified engineer land surveyor performing continuously within a month the powers determined in Item of 2 these Procedures and requirements works on principle place of employment performs the data specified in the statement of the certified engineer land surveyor concerning compliance to the requirements specified in Item of 30 presents of the Procedure and requirements and can appoint from among the certified engineers land surveyors performing continuously within a month the powers determined in Item of 2 these Procedures and requirements, the head of training and to determine date of passing of training about what reports to the certified engineer land surveyor.";

Paragraphs of the first and second of Item 38 after words of "territorial authority of Gosgeokadastr" to add 5) with words "or the legal entity as a part of whom the certified engineer land surveyor performing continuously within a month the powers determined in Item of 2 these Procedures and requirements works on principle place of employment";

Paragraph one of Item 42 to state 6) in the following edition:

"42. The state cadastral registrar or the certified engineer land surveyor performing continuously within a month the powers determined in Item of 2 these Procedures and requirements appointed by heads of training"";

7) in appendices 1 and 2 to the Procedure and requirements of the word "The State Cadastral Registrar Appointed by the Head of Training" shall be replaced with words "The head of training (the state cadastral registrar / the certified engineer land surveyor) (it is necessary to emphasize)".

2. Item 1 of the resolution of the Cabinet of Ministers of Ukraine of May 10, 2022 No. 563 "Some questions of regulation of land relations" (2022, No. 41, the Art. 2219) to exclude the Official Bulletin of Ukraine.

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