What threatens to misuse of land?

23.06.2008 00:00
Articles about real estate | What threatens to misuse of land? Not so long ago, the Verkhovna Rada has increased the fines for violation of the Land Code. However, to follow the law and understand what and where you can build and where and what not, is pretty easy.

Classification of land devoted to Chapter 4 of the Land Code, which states that "land on the main intended purpose are divided into categories. Victor Kobylyansky counsel, chief legal department Vega Consulting draws attention that the word "basic" here is especially important because, in practice very often confuse the purpose of the ground with the purpose.

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The meaning of the division of land into categories defined in the same article where it says "Categories of lands in Ukraine have a special legal regime". This legal regime includes the ability to assign certain land in this category, the conditions of granting land plots in ownership or use of certain persons, the types of special purpose land in this category, the restrictions on their use and many other factors.

Categories of land

In accordance with the classification, those nine:

• Agricultural land;

• land housing and public buildings;

• land nature reserves and other conservation purposes;

• land recreational purposes;

• land of recreational facilities;

• land of historical and cultural purposes;

• land for forestry purposes;

• ground water resources;

• land for industry, transport, communications, energy, defense and other purposes.

As can be seen, the last word in the latter category does not exclude the possibility of the existence of any more land areas. Logically, any site that does not match the first eight categories will automatically be in the ninth.

The assignment of land to one category or another is carried out on the basis of decisions of public authorities and local authorities in accordance with their authority. They also set specific targets and destination for each site. This occurs when the provision of such a section in the ownership or use.

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This certainly is a category of land to housing and public buildings. In Chapter 6 of the Land Code is the definition: "Lands of the housing and public buildings include land within settlements, which are used to accommodate residential development, public buildings and other public facilities." Thus, the apparent impossibility of obtaining legal land to build an office center or outside the administrative building of settlements.

Within the category of land to housing and public buildings identified several distinct types of special purpose land:

• construction and maintenance of residential homes, commercial buildings and structures (infield);

• personalized garage construction;

• Housing and construction (housing), cooperatives;

• Garage building cooperatives;

• apartment buildings.

According to Victor Kobylyans'koi, this list of possible types of special purpose does not stop there. This is evident even on the grounds that, among not mentioned were administrative (office) buildings, hospitals, theaters, the objects of trade and services. All of them (more land under them) definitely fall into the category under consideration.

Unfortunately, the lack of statutory definition of purpose creates certain difficulties in registration of rights to land for development. True, there are Ukrainian qualifier of the target land use. But this document is hopelessly outdated, as approved before the adoption ZKU. In addition, he has no power regulation, as approved by the letter of the State Committee of Ukraine dated 24.04.1998, the № 14-1-7/1205. Therefore, in practice the definition of special purpose land often depends on an understanding of current legislation official. But in any event, the wording of the form "for the construction and maintenance of (name of facility) will be legitimate.

Offenders - the answer

Victor Kobylyansky draws attention to a very strict attitude to the legislation in order to establish and change the purpose and notes that its violation is grounds for:

• invalidation of decisions of state bodies and local authorities to grant (transfer) of land to citizens and legal persons;

• invalidation of transactions with respect to land;

• refusal of registration of land or invalidation;

• the prosecution of citizens and legal persons guilty of violating the procedure for establishing and changing earmarked land.

According to Stanislav Gorbatovicha, head of the State Committee of Ukraine, citizens and legal person shall bear civil, administrative or criminal liability under the law for non-compliance regarding the use of land for its intended purpose.

Under the Code of Administrative Offences, the use of land is not for the intended purpose, the failure mode of environmental land use, location, design, construction and commissioning of facilities, which adversely affect the condition of land, misuse, destruction or damage of erosion of hydraulic structures, protective forest plantations pulled by a fine.

In April, Parliament increased the fines for violations of land legislation. In particular, increased penalties for damage and contamination of agricultural and other land (from 8-15 to 10-20 non-taxable minimum) for violating the rules of land use (from 3-12 to 15-20 and 10-20 to 15-30 untaxed taxable minimum). Also a new article on the responsibility for removal and transport of soil covering land without special permission.

In addition, the Criminal Code establishes criminal liability for violation of or damage to lands substances, wastes or other materials that are harmful to human life or health or the environment. Such violations may entail not only the payment of appropriate fine, but the deprivation of the perpetrator the right to occupy certain posts or to carry out certain activities for up to three years.

Content tags: Property land Legislation
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