Problems drafting of land use to establish the limits restrictions in the use of land and the object with regime
DOI:
https://doi.org/10.31548/zemleustriy2016.04.011Abstract
Analyzed the legal framework of restrictions in land use and their regime facilities (laws, regulations, rules, regulations, standards and classifications. Found that the current classification provides for the conduct of State Land Cadastre is flawed because it does not cover all kinds of restrictions, making impossible to use it for practical purposes.
Therefore, we proposed territorial restrictions in the use of land classified by types and species.
The classification confirms expediency to distinguish meaningful component of the project land to establish limits restrictions in land use and their rezhymoutvoryuyuchyh objects from the standard procedure of development for all types of project documentation provided by the Law of Ukraine "On Land Management".
The article contains an updated block model for the drafting of land to establish the limits of restrictions on land use and regime facilities.The project land boundaries to establish restrictions on land use and regime facilities include:
1) drafting task on land;
2) an explanatory note;
3) the decision of the local government of drafting;
4) characterization of the natural environment;
5) certificate containing a summary of land (territory);
6) Cartogram agro-industrial groups of soils and steep slopes;
7) geodetic surveys and materials of Land Management
8) information on the current state of land use and protection (including registered in the State Land Cadastre restrictions on land use;
9) description of the territory by establishing usage of land of natural reserve fund and other environmental protection, health, recreational, historical, cultural, forestry purposes, land and water resources protection zones, restrictions in land use and their regime facilities;
10) within the limits the settlement - a copy of the graphic part of the master plan of settlement (if applicable), and outside the village - a copy of the appropriate planning documentation (if any) and a copy of the decision on the approval of such documentation;
11) information on the prospective state of land use and protection within the administrative unit, which is part of land management schemes and technical economic assessment of land use and protection relevant administrative unit (if any);
12) plan of the territory of mapping land, landowners and land users;
13) list of operating facilities;
14) plan limits land use restrictions on the types and species;
15) land management regulations;
16) decision on approval of land management projects on delineating restrictions on land use and their regime facilities.
Keywords: land management, land management projects, land use, restrictions in land use, regime facilities.
References
Law of Ukraine "On Land Management" on May 22, 2003 № 858-IV.
Law of Ukraine "On Land Protection" on June 19, 2003 № 962-IV.
Land Code of Ukraine: the Law of Ukraine of 25.10.2001. The website of the Verkhovna Rada of Ukraine. Access:http://zakon2.rada.gov.ua/laws/show/2768
Resolution of the Cabinet of Ukraine "On approval of the state land cadastre" of 17 October 2012 r. Web-site of the Verkhovna Rada of Ukraine. Access: http://zakon2.rada.gov.ua/laws/show/3528-15.
Tretyak A.M. (2003) Land Management when forming the boundaries of areas of land and implementation of economic interests village, town and city councils (Institute of Land Management of Agrarian Sciences), 9 p.
Downloads
Published
Issue
Section
License
Relationship between right holders and users shall be governed by the terms of the license Creative Commons Attribution – non-commercial – Distribution On Same Conditions 4.0 international (CC BY-NC-SA 4.0):https://creativecommons.org/licenses/by-nc-sa/4.0/deed.uk
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).