Ukrainian President Viktor Yushchenko has suspended the decision of the Cabinet of Ministers of the N926 on October 16, 2008, which introduced a new edition of state certificate of ownership of the land. N998/2008 corresponding decree was signed today, 5 noyabrya.Glava States emphasizes that, unlike the previously existing forms of state certificate (approved by Cabinet of Ministers of 2 April 2002 N449), edited, approved by the N926, does not include the signing of the state certificate the head of local government administration or local authority.
"The decision of the Cabinet of Ministers of Ukraine adopted in contravention of the Constitution of Ukraine, according to which the land is the fundamental national wealth that is under special state protection, is the property of the Ukrainian people, the owner's rights with respect to which exercise public authorities and local self-government within the limits defined Constitution (the first part of Article 13 of the first part of Article 14), "- said the President.
In addition, according to a decree, ruling N926 was made without taking into account the requirements of the Basic Law of Ukraine, which defined the basis of local government, the foundations of executive power in the regions and districts of local administrations (Article 7, 119, 142, 143), which is concretized in the Land Code of Ukraine, laws of Ukraine "On Local Self-Government in Ukraine", "On local state administrations".
"I do not take into account, inter alia, that the heads of local administrations and local self-fulfilling powers concerning the signing of the act of state ownership of land, not only to formalize such an act, but performed the tasks with respect to monitoring compliance with guaranteed by Article 14 of the Constitution of Ukraine the right land ownership, in particular the right which is acquired and implemented by citizens ", - stressed the head of state.
"Given that the removal of these officers to exercise control over the observance of the rights of citizens negatively marked on ensuring citizens' rights to land, the Cabinet of Ministers of Ukraine dated 16 October 2008 N926 is not responsible and the Constitution of Ukraine, according to which the approval and ensuring the rights and freedoms is the main duty of the state, the state responds to the individual for its activities (Article 3), the Constitution of Ukraine has the highest legal force, regulations made on the basis of the Constitution and must meet it (Article 8) ", - stressed the President.
Considering the above, the President suspended the Cabinet of Ministers of Ukraine "On Amendments to the Cabinet decision on April 2, 2002 N449" N926 of October 16, 2008. The decree comes into force on the date of its publication.