Implementation of land management under the conditions of marital law
01 Jan 2023-Zemleustrìj, kadastr ì monìtorìng zemelʹ-Vol. 2023, Iss: 1
TL;DR: In this article , the adoption of the adopted changes to the land legislation and legal acts regulating land relations during the martial law has been investigated, and it was proved that their adoption was not done in a systematic way.
Abstract: On the basis of the analysis of the adopted changes to the land legislation and legal acts regulating land relations during the martial law, it was proved that their adoption was not done in a systematic way. It was found that the established special rules related to the implementation of land management and disposal of land plots for the period of martial law have different goals. It is about simplifying the procedure for disposal of agricultural lands – on the one hand, and on the other hand – activities in the field of land management, land cadastre and land valuation are complicated. It is substantiated that the changes that were made urgently highlighted the problem of imperfect land legislation in general, since the land legislation in force before the start of the war was designed exclusively for peacetime, because the issues of public access to sensitive information, such as: cartographic information, information on the purpose of land plots, names of land uses, names of subjects of land relations, etc. It has been established that the problem related to the provision of business entities and citizens under martial law for the provision of services for the preparation of land management documentation, topographical, geodetic and cartographic works has been resolved. For this purpose, the provision of special permits by the Security Service of Ukraine has been introduced. The urgent need for systematic adjustment of land legislation, both in the context of land management during the period of martial law and after its end (recovery period), as well as the need for harmonization of legislation in connection with European integration, which will become the basis for further research, is substantiated.
TL;DR: In this article , the authors 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.
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.
TL;DR: In this article , the current state of agricultural lands, especially those damaged as a result of emergency situations and hostilities, is analyzed, and the tasks of land management in the agrarian sphere, caused by military aggression, are formulated and the ways of their solution are substantiated.
Abstract: The current state of agricultural lands, especially those damaged as a result of emergency situations and hostilities, is analyzed. It has been proven that the algorithm for removing lands damaged as a result of military operations from agricultural circulation must be fixed at the legislative level by making appropriate amendments and additions to the Land Code of Ukraine, Laws of Ukraine: "On Land Protection", "On Land Management". The current Land Conservation Procedure should be supplemented with criteria and indicators for establishing the degree of mechanical destruction and/or chemical pollution, because the direction, content and volume of restoration works and, accordingly, the amount of their financing depend on this. It is emphasized that only a differentiated approach to the transformation of technogenically polluted lands allows rational spending of funds and achieving the maximum environmental protection effect. It is emphasized that in today's conditions, for an adequate and timely response to challenges in the field of land use and protection, in rural areas, land management should have a dynamic multivariate (alternative) nature, especially at the local level, based on the main legally established principles. The tasks of land management in the agrarian sphere, caused by military aggression, are formulated, and the ways of their solution are substantiated. The list of shortcomings in the legislative norms, which are present in the modern context when compiling land management documentation, is given.