ESR
2.5.9.1. The powers to dispose of state-owned land, control the use and protection of land, regulate land management, and maintain the State Land Cadaster are divided between separate agencies
Problem solving:
2.5.9. Excessive concentration of powers within the central executive authority implementing public policy on land relations causes conflicts of interests and massive abuses
Deadlines for all measures within ESR
01.03.2023 -
30.09.2024
Implementation of SACP measures within ESR
Total number of measures –
3
1
1
1
Implemented
Not implemented
Not started
Implementation of SACP measures within the scope of the Problem by main main performers
Ministry of Agrarian Policy and Food of Ukraine
33.3%
3
Summarized general information on Measures
Indicators of achievement of ESR
Total number of indicators – 6
Indicators fully achieved – 0
Partially achieved indicators – 0
Indicators with a score of 0% – 6
Summarized general information about Achievement Indicators
| № | Indicators | Weight (%) |
|---|---|---|
| 1 |
The law amending the Land Code of Ukraine, the Laws of Ukraine On Land Management and On Topographic, Geodetic and Cartographic Activities has come into force, which defines: a) the procedure by which the central executive authority implementing public policy on land relations shall delegate to self-regulatory land management and topography-geodesy organizations the powers to carry out professional certification of land management engineers and geodesic engineers and to revoke their professional certificates in the instances prescribed by law, as well as to monitor the delegated powers (30 percent). |
30% |
| 2 |
the results of the expert survey have demonstrated that: a) more than 75 percent of experts on land relations evaluate the quality of legal regulation implemented by the law indicated in subclause 1 of clause 2.5.9.1 as high or very high (15 percent); b) more than 50 percent of experts on land relations evaluate the quality of legal regulation implemented by the law indicated in subclause 1 of clause 2.5.9.1 as high or very high (10 percent); c) more than 25 percent of experts on land relations evaluate the quality of legal regulation implemented by the law indicated in subclause 1 of clause 2.5.9.1 as high or very high (5 percent) |
15% |
| 3 |
The resolution of the Cabinet of Ministers of Ukraine has entered into force, which defines: a) the procedure by which the State Service for Geodesy, Cartography, and Cadaster shall delegate powers to self-regulatory organizations in the field of land management and topographic and geodesic activities, which have an internal certification procedure and a code of ethical conduct (20 percent) |
20% |
| 4 |
The powers to carry out professional certification of land management engineers and geodesic engineers have been delegated to: a) at least two self-regulatory organizations in the field of land management (5 percent); b) at least two self-regulatory organizations in the field of topographic and geodesic activities (5 percent). |
10% |
| 5 |
The law on amendments to select legislative acts of Ukraine on improving the effectiveness of land use by individuals and public sector entities has come into force, which provides for the possibility of: a) a state enterprise that has perpetual tenancy over agricultural land plots independently leasing out some of its land plots exclusively through an auction, without suspending its perpetual tenancy right (10 percent); b) transformation of a state enterprise that has perpetual tenancy over land plots measuring over 100 hectares into a limited liability company 100 percent of whose authorized capital stock (equity) belongs to the state, with the land plots to be leased out to the newly formed enterprise without holding an auction, with the possibility of subleasing such land plots exclusively through an auction (10 percent). |
20% |
| 6 |
The provisions of the Land Code of Ukraine have not been amended and remain in effect regarding the exercise of state control over the use and protection of land by executive bodies of village, town, and city councils to the extent of: a) implementation by land owners and users of a set of necessary measures to protect land from overgrowth of weeds and shrubs (1 percent); b) ensuring the proper mode of operation of anti-erosion and hydraulic structures, and compliance with the requirements of legislation on the preservation of protective forest stands and boundary markers (1 percent); c) compliance by landowners and land users with the requirements for the use of land for its intended purpose (1 percent); d) siting, design, construction, and commissioning of facilities that adversely affect the condition of land (1 percent); e) operation, maintenance of anti-erosion hydraulic structures, protective forest stands (1 percent). |
5% |