R. Kharytonenko

Bio: R. Kharytonenko is an academic researcher. The author has contributed to research in topics: Cadastre & Land use. The author has an hindex of 1, co-authored 1 publications receiving 3 citations.

Proposals for the structure, content and composition of the sectoral standard of inventory of lands of the government institutions and enterprises of the NAAS

Abstract: Regulatory acts and scientific publications relating to the works on inventory of lands of state institutions and enterprises of the National Academy of Agrarian Sciences of Ukraine (hereinafter – NAAS) have been analyzed. It was revealed that the current legislation and just adopted “Procedure of Inventory of Lands” subject to the Decree of the Cabinet of Ministers of Ukraine No.476 of June 5th, 2019 does not include any norms that would consider the specifics of the land use by scientific organizations; their research fields and valuable lands for conducting scientific research should be taken into account when entering the data in the State Land Cadastre, as well as the property rights to them should be registered. The attention is drawn to the problem of legal uncertainty concerning boundaries of lands of state institutions and enterprises of NAAS. The specific functional peculiarities of agricultural land use by state institutions and enterprises of NAAS are considered. In this regard, the structure, content and composition of the main provisions of the industry standard for land inventory of state institutions and enterprises of the NAAS are proposed, which will become a regulatory tool for the preparation of the technical documentation on land management for the implementation of this type of work, and the information obtained will be the basis for the resolution of mature problems concerning the agricultural lands used by these state institutions and enterprises of NAAS. Key words: standardization, industry standard, land inventory, land use for scientific research.

The Role of Remote Sensing and GIS in the Implementation of the Category of Land Rent to the Content of the Normative Monetary Valuation of Agricultural Lands in Ukraine

Abstract: SUMMARY The paper contains the rationale for in-depth scientific research, including the use of Remote Sensing & GIS, as a prerequisite for the implementation of the category of land rent to the content of the normative monetary valuation of agricultural lands in Ukraine and the adoption of methodological principles for the valuation.

Modeling and Assessment of Flooding Risks Based on a Digital Terrain Model

Abstract: SUMMARY It was emphasized that flooding is a dangerous natural phenomenon that damages economic infrastructure, people’s lives and health, and the environment as a whole. It has been proven that the preliminary identification of the risks of flooding in the future reduces the potential negative impact of flooding of territories. The risks of land flooding were considered using the example of Skolivska urban territorial community of Lviv region. A digital relief matrix of the estuarine section of the Opir River in the city of its confluence with the Stryi River in the region of the studied area was created. Three different scenarios of zones of probable flooding of the territory are calculated. The number of agricultural land plots for the respective target uses of land within the studied territory, which have the risk of flooding under various scenarios, was determined.

Proposals for improving the classification of land purpose types (on the example of the category of residential and public building lands)

Abstract: The current classification of land uses for residential and public development was analyzed and proved to be in need of improvement. Proposals for its improvement within the researched category of land based on current land legislation and other normative legal acts are given. It has been proven that the existing list of the main types of land plots (which are based on the content of Article 38 of the Land Code of Ukraine) in the current classification is incomplete and not fully justified. Examples of unjustified assignment of land plots of other land categories to the category of land for residential and public development were revealed. In accordance with this, a 4-level structure of the classification of types of land use for residential and public development is proposed. Taking into account the military aggression of the Russian Federation against Ukraine, it is currently impossible to use part of the land plots for their main purpose. From these positions, it is proposed to additionally highlight "technologically polluted lands as a result of hostilities" within the framework of the above-mentioned classifier. And after carrying out appropriate works on demining and reclamation of these lands to their safe use for people and the environment, they can be returned to use for the main purpose.

Justification of the need to supplement the list of limitations regarding the use of lands and land plots by environmental and technological limitations

Abstract: The need for improvement and adaptation of the existing norms for land protection, rational use of land plots with the legislative norms of the European Union has been identified. The work of scientists, current land legislation, other legal acts related to ecological and technological restrictions have been studied. It was established that the existing "List of restrictions on the use of land and land plots" approved by resolutions of the Cabinet of Ministers of Ukraine No. 1051 and No. 821 does not provide for a complete list of restrictions on the use of agricultural land, in particular ecological and technological restrictions. Also, the main restrictions on the use of land, provided by ecological and technological groups on arable land based on the steepness of the slopes, were considered. It was noted that the current legislative norms of the Code of Ukraine on administrative offenses in the field of nature protection and use of natural resources provide for liability for violations of land use rules. It is emphasized that in the absence of ecological and technological restrictions in the information of the State Land Cadastre, landowners and land users neglect the norms of ecological and technological restrictions in conducting economic activities on arable land, and it is established that there are no mechanisms for holding them accountable in case of their violation. Proposals are presented in addition to resolutions of the Cabinet of Ministers of Ukraine No. 1051 and No. 821 in the "List of restrictions on the use of land and land plots" with ecological and technological restrictions on arable land

The issue of the display of sensitive information in the state land cadastre and its publicity in the conditions military conflict

Abstract: The goal of the scientific work was to justify the need during the war in Ukraine to find a balance in the issue of limiting access to sensitive in terms of state and public security open data in the State Land Cadastre system to ensure the interests of national security and public interests. Information of interest to the aggressor should become inaccessible. This data selection should be made by the military and the Security Service and should not be publicly displayed. On the other hand – the rest of the information should be used by specialists in the field of geodesy and land management, construction and architecture, local self-government bodies with a certain number of persons with access to data. The author's proposal is also that access to data, including open data, should be regulated and authorized. So it is proposed to classify them at the legislative level in terms of levels of sensitivity, methods of use, access regulations, and to define lists of sensitive information and ways of displaying it. The need to change the attitude towards information resources as free resources and transfer information to the status of an intangible asset with licensed access (analogue – software) was noted, because the introduction of information into economic circulation will cause the growth of the economy. It is proposed that upon the end of martial law, the restrictions that were in force under these conditions should be reviewed, amendments to the legislation should be introduced into the regulations of the State Land Cadastre, and the composition, content, and distribution capacity of the cartographic base of the Public Cadastre Map should be updated.

Scientific and methodological bases of the analysis of the state of land use of institutions and enterprises of NAAS

Abstract: Emphasis is placed on the existing procedure for conducting a land inventory, which does not fully take into account the specific features of land use of certain sectors of land use. Emphasis is placed on the specialized activities of the National Academy of Agrarian Sciences of Ukraine (NAAS), which uses land and real estate in combination for scientific and research activities. It is emphasized that the land resources and property of institutions and enterprises of NAAS appear in two planes of available information from the State Land Cadastre (SCC) and the data from the State Register of Real Property Rights (DRRP). At the same time, the existing land inventory procedure is limited in terms of comparing the information of the DZK and DRRP data. Emphasis is placed on the need to compare the data of DZK and DRRP of the current state of land use of institutions and enterprises of NAAS through analysis as a method of scientific knowledge. The main approaches, requirements to the structural elements of the analysis in scientific, methodological and practical areas are proposed. The structure of interaction of constituent elements at the analysis of a modern condition of use of the earths of establishments, the enterprises of NAAS is resulted.

Analysis of the current legal status of land use

Abstract: The analysis of the state of land use on the example of institutions and enterprises of the National Academy of Agrarian Sciences of Ukraine in the context of studying the compliance of the State Land Cadastre (SLC), the State Register of Real Rights (SRRR) and title documents on land use rights. The necessity of conducting analysis and making managerial decisions as a supplement to the land inventory or a separate management to solve problems that are not solved by developing land management documentation (technical inventory documentation) is substantiated. Problems in the legal status, which were identified with the help of data from the SLC, SRRR, as well as the source information of the title documents, are highlighted. It is proposed to divide them into typical, which are inherent in the majority of land uses of NAAS and exceptional, which have not become widespread. The classification of the revealed problems during the analysis of a modern condition of use of the earths of establishments and the enterprises of NAAS is presented and generalized. Ways to solve the identified problems on the example of land institutions and enterprises of NAAS, which are the need for land inventory, as the main tools for land management, as well as consistency of information SLC, SRRR, return of illegally allotted land to third parties.

Scientific principles of classification of regime-forming objects (on the example of water objects)

Abstract: The study of scientific works, normative legal acts related to issues of classification of regime-forming objects, restrictions on the use of land and land plots made it possible to identify problems related to regime-forming water objects that need to be solved. In accordance with this, the conceptual apparatus related to regime-forming water objects was considered, their list was standardized taking into account the current legal acts and the need for their classification was substantiated. As a result, a classification of regime-forming water objects is proposed, which will allow to further form the limits of restrictions along and around these objects and to develop a classification of restrictions on the use of land and land plots. According to the proposal of the author's team, this classification can become an analogue for the classification of other objects, such as: an object of main pipelines, an energy object, an object of cultural heritage, military objects. It is justified that the creation of a single structure of classification is not possible, since each of these objects, when classified from general to specific, will have different levels of classification and require the development of individual approaches to their classification.

The problem of the specification of peerness of land plots at the exchange aiming at land consolidation

Abstract: The article scrutinizes the problem of land plots exchange with the aim of the spatial land improvement. At the current stage, the problem of the removal of overlapping of agricultural lands in agricultural land masses, elaboration and improvement of land consolidation mechanisms; the implementation of compulsory complex land consolidation is under discussion; there are preconditions of the improvement of the technical substantiation of land plot alienation for public needs. In this context, the problem of the identification of the peerness of land plots is scrutinized, i.e. the recognition of land plots to be peer provided the difference of their values is less than 10%. The study aims at the improvement of approaches to the definition of the affordable difference of land plots values which can be considered peer at the exchange. The provisions of legislation have been analysed which precondition the peer land plots exchange and specify the affordable difference of values of such land plots. It has been revealed that due to the vague definition of the affordable difference of land plot value, there is the uncertainty of 1/110 (≈0,9%) to 13/220 (≈5,9%) of the value of land plot. The existence of such mistake is firstly the reason for the disputes of the equal land plots exchange in the court, secondly, it is a hurdle for the voluntary involvement of landowners to land exchange. The specification of the definition of the affordable difference of land plots values which can be considered to be equal has been suggested. The results gained can be used at the definition of land plots as the equal at exchange and sublease; at the implementation of complex land consolidation; at the alteration of legal acts on land consolidation; at the modeling of land reallotment based on the heuristic or optimizational approach.