Proposals for improving the classification of land purpose types (on the example of the category of residential and public building lands)
TL;DR: In this article , 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.
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.
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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.
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23 Jun 2021
TL;DR: It is established that the existing 2-level Classification does not meet the modern requirements for monitoring land relations and the norms of current land legislation, and the structure and content of the 4-level Classifier of types of intended purposes of land use are proposed, which allows to determine the type of permitted land use.
Abstract: The analysis of the current Classification of types of intended purposes of land use is carried out. It is established that the existing 2-level Classification does not meet the modern requirements for monitoring land relations and the norms of current land legislation. The structure and content of the 4-level Classifier of typesof intended purposes of land use are proposed, which allows to determine in detail the type of permitted land use. It is established that the current classifier does not distinguish between the form of management and the type of land use. This issue is especially evident in the example of agricultural land, in which case the types of intended purposes indicate the legal form of landowner or user, rather than regulating the direct use of land. The proposed 4-level classifier is able to distinguish between the form of management and the type of land use. In forming this Classifier, the principles of complexity, systematicity, exhaustiveness, hierarchy and legality are taken into account; requirements of automated technologies for maintaining the State Land Cadastre and remote methods of land monitoring are considered, comprehensive and systematic methodological approaches in compliance with current domestic land legislation and relevant bylawsare applied; principles of openness and manufacturability, as well as recommendations of international organizationsare taken into account.
3 citations
25 Nov 2020
TL;DR: The main requirements for the land monitoring system are identified, including requirements for its functionality, information support, visualization of spatial information, interactive maps, database structure, general architecture, analytical criteria and other types of support.
Abstract: The main requirements for the land monitoring system are identified, including requirements for its functionality, information support, visualization of spatial information, interactive maps, database structure, general architecture, analytical criteria and other types of support. The main directions of land monitoring, within which the automated system should function, in particular, monitoring of civil law transactions in terms of territories, forms of ownership, land categories; monitoring of price dynamics; monitoring the condition of lands by their quantitative and qualitative characteristics; assessment and forecasting of land transformation. The requirements for the subsystems of administration, ergonomics, infrastructure, ensuring the turnover of changes, geodetic and mathematical basis, etc. are also substantiated. The need to ensure the protection of information, including confidential information, is emphasized, as the land monitoring system should contain not only information on the objects of monitoring, but also information on the subjects of land relations, whose rights should be guaranteed. The need to use directories and classifiers, in particular the classification of administrative-territorial entities of Ukraine, types of economic activity, as well as integration with various official state registers as part of the national geospatial data infrastructure platform is taken into account.
2 citations
2 citations