THE USE OF THE STATE LAND CADASTER DATA FOR THE PURPOSES OF REGULATION OF LANDS REDISTRIBUTION BY CATEGORIES

Visnyk LNAU: Architecture and Farm Building 2020 №21: 95-104

THE USE OF THE STATE LAND CADASTER DATA FOR THE PURPOSES OF REGULATION OF LANDS REDISTRIBUTION BY CATEGORIES

Stupen M., Doctor of Economics,
Mykula O., Candiate of Economics,
Susak T., PhD student
Lviv National Agrarian University

https://doi.org/10.31734/architecture2020.21.095

Annotation

The article supplies the analysis of historical aspects of establishment and the systemic role of economic methods for lands redistribution by categories as to their main intended use, and the mechanisms of reimbursement for agricultural and forestry losses. Due to the legislative changes, it was necessary to conduct the analysis of the economic outcomes of a new mechanism of determination of agricultural production losses, which should be reimbursed in case the agricultural land plots’ intended use is changed and thus the land plots are to be put into other categories. That mechanism entails that its value is equal to 30 percent of the difference between the normative monetary evaluation of the respective land plot after and before the change of its intended use.

In the article, the authors supply calculations of the value of the normative monetary evaluation of industrial, transport, communication, energy, defense lands and the lands for other usages, as well as the lands for recreational and rehabilitation purposes, water funds. All the calculations pertained to the areas beyond the frontiers of the inhabited sites within the suburban area of Lviv and other cities of the region in accordance to the minimal and maximal coefficient of automobile roads of the state importance at the distance of one to five kilometers and beyond the areas of the inhabited sites. The calculations were performed without consideration of the local factors of cadaster blocks (neighborhoods) as to its territory-planning, engineering, geological, historical, cultural, natural, landscape, sanitary and hygiene, and other conditions and to the land plots’ composition.

Referring to the conducted evaluations of the lands normative monetary evaluations, and also on the basis of the data about the normative monetary evaluation of the lands of the agricultural destination, in pursuit to the StateGeoCadaster, it was possible to make calculations of the possible amount of losses in agricultural production. All of them are determined in compliance to the changes in the Article 207 of the Land Code of Ukraine.

There were analyzed the economic implications of the new mechanism for determining the agricultural production losses, which should be reimbursed when the agricultural land plots’ intended use is changed. Consequently, the land plots are put to the lands of other categories. It enables making the following assumptions:

The analyzed losses defining mechanism will not encourage the potential investors to use agricultural lands of inferior quality for non-agricultural purposes.

Normative monetary evaluation of non-agricultural land plots, which undergirds the agricultural production losses calculation, needs to be improved, because of the large differentiation of evaluative indicators, conditioned by the land plot location (its distance to an inhabited site), causing very small amount of losses.

It is necessary to conduct scientific researches as to refining of the methodical and legal aspects of determining the size of losses in agricultural and forestry output.

Key words

lands evaluation, lands categories, losses in agricultural production

Full text

pdf

Link

  1. The Constitution of Ukraine. Information of the Verkhovna Rada of Ukraine. 1996. № 30. Art. 141.
  2. Kulynych P. F. Compensation for losses of agricultural production as a means of protection of agricultural lands: legal issues. Journal of Kyiv University of Law. 2007. № 2. S. 121‒126.
  3. Lisova T. V. Compensation for losses of agricultural production as a means of land protection. URL: http://dspace.nlu.edu.ua/bitstream/ 123456789/7599/1/Lisova_51_54.pdf (Last accessed: 17.01.2020).
  4. Martyn A. H. A new methodological approach to the normative monetary valuation of non-agricultural lands. Land management and cadastre. 2013. № 2. Р. 37-59.
  5. Martyn A. H., Shyianov O. Y. Compensation for losses of agricultural production with the deterioration of the quality of agricultural land. Land management and cadastre. 2009. № 4. Р. 82-89.
  6. Methodology of normative monetary valuation of non-agricultural lands (except for lands of settlements): Resolution of the Cabinet of Ministers of Ukraine of 23.11.2011 № 1278. URL: http://zakon.rada.gov.ua/ laws/show/1278-2011-п (Last accessed: 20.01.2020).
  7. Miroshnychenko A. M. Land law of Ukraine: textbook. way. Kyiv: Institute of Legislation of the Verkhovna Rada, 2007. 432 p.
  8. About modification of some resolutions of the Cabinet of Ministers of Ukraine: the resolution of the Cabinet of Ministers of Ukraine from December 6. 2017 № 949. URL: https://zakon.rada.gov.ua/laws/show/949-2017-%D0%BF#Text (Last accessed: 20.01.2020).
  9. About making changes to the Land Code of Ukraine and Other Legislative Acts on Land Use Planning: Law of Ukraine. URL: https://zakon.rada.gov.ua/ laws/show/711-IX#Text (Last accessed: 17.01.2020).
  10. About making changes and Repeal of Certain Resolutions of the Cabinet of Ministers of Ukraine: Draft Resolution of the Cabinet of Ministers of Ukraine. URL: https://land.gov.ua/info/proekt-postanovy-kabinetu-ministriv-ukrainy-pro-vnesennia-zmin-ta-vyznannia-takymy-shcho-vtratyly-chynnist-deiakykh-postanov-kabinetu-ministriv-ukrainy (Last accessed: 14.01.2020).
  11. Draft Resolution of the Cabinet of Ministers of Ukraine “On Amendments and Repeal of Certain Resolutions of the Cabinet of Ministers of Ukraine”. URL: https://land.gov.ua/info/proekt-postanovy-kabinetu-ministriv-ukrainy-pro-vnesennia-zmin-ta-vyznannia-takymy-shcho-vtratyly-chynnist-deiakykh-postanov-kabinetu-ministriv-ukrainy/ (Last accessed: 13.01.2020).
  12. On approval of the Procedure for normative monetary valuation of agricultural lands: order of the Ministry of Agrarian Policy and Food of Ukraine dated 23.05.2017 № 262. URL: http://zakon3.rada.gov.ua/laws/show/z0679-17 (Last accessed: 13.01.2020).
  13. On the Procedure for normative monetary valuation of non-agricultural lands (except for lands of settlements): Order of the Ministry of Agrarian Policy and Food of Ukraine dated August 22, 2013 № 508. URL: http://zakon3.rada.gov.ua/laws/show/z1573-13 (Last accessed: 14.01.2020).
  14. On the amounts and Procedure for determining the losses of agricultural and forestry production that are subject to compensation: the resolution of the Cabinet of Ministers of Ukraine of 17 November. 1997 № 1279. URL: https://zakon.rada.gov.ua/laws/show/1279-97-%D0%BF#Text (Last accessed: 17.01.2020).
  15. Tretiak A. M. Conceptual problems of development of monetary valuation of lands in Ukraine / UAAS, Inst. Of Land Management. Kyiv, 2001. 50 p.
титулка Агро