Problem
2.5.4. The procedure by which land plots are formed is overcomplicated and involves an excessive amount of discretion
General information about the problem
One of the major problems of land management in Ukraine is the extremely high level of corruption in the process of approval of land management documentation, registration of land plots, etc.
Over the past decades, a kind of "corruption culture" in the field of land relations has become widespread, when manipulation of requirements for land management documentation has led to refusals to register land plots, approve land management documentation, and delays in issuing permits for citizens and businesses to acquire rights to land plots. The practice of land management contractors shows that the "cost of approvals" included in the price of land management documentation is ultimately paid by the customer, and recently it often exceeds half of the contractual cost of the work.
A systemic problem for both developers of land management documentation (certified land management engineers) and officials of licensing authorities responsible for its review, approval and endorsement is the lack of clear technical requirements for the content and formatting of even the most common types of land management documentation, or even a corresponding checklist. This results in divergent application of land legislation in different regions, artificial manipulation of the requirements for the composition and content of land management documentation by local officials and cadastral registrars.
The registration of land in the State Land Cadaster is an important prerequisite for its proper use, ensuring the collection of land rent payments, avoiding "shadow" use and redistribution of land. At the same time, the State Land Cadaster is only 71 percent complete, meaning that almost a third of Ukraine’s land is not registered in the Cadaster. Some studies show that 4.3 million hectares of fields still remain unregistered in the State Land Cadaster. This may indicate that this part of the land is actually outside of taxation, and may also be occupied by squatters.
Over the past decades, a kind of "corruption culture" in the field of land relations has become widespread, when manipulation of requirements for land management documentation has led to refusals to register land plots, approve land management documentation, and delays in issuing permits for citizens and businesses to acquire rights to land plots. The practice of land management contractors shows that the "cost of approvals" included in the price of land management documentation is ultimately paid by the customer, and recently it often exceeds half of the contractual cost of the work.
A systemic problem for both developers of land management documentation (certified land management engineers) and officials of licensing authorities responsible for its review, approval and endorsement is the lack of clear technical requirements for the content and formatting of even the most common types of land management documentation, or even a corresponding checklist. This results in divergent application of land legislation in different regions, artificial manipulation of the requirements for the composition and content of land management documentation by local officials and cadastral registrars.
The registration of land in the State Land Cadaster is an important prerequisite for its proper use, ensuring the collection of land rent payments, avoiding "shadow" use and redistribution of land. At the same time, the State Land Cadaster is only 71 percent complete, meaning that almost a third of Ukraine’s land is not registered in the Cadaster. Some studies show that 4.3 million hectares of fields still remain unregistered in the State Land Cadaster. This may indicate that this part of the land is actually outside of taxation, and may also be occupied by squatters.
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Implementation of SACP measures within the limits of the problem
The total number of OSR –
4
All measures of the SACP
measures, the implementation of which as of
30.09.2024
is about to begin
to be completed
2
2
2
3
4
13
Implemented
Partially implemented
In progress
Not implemented
Not started
Measures implemented (fully and partially) - 4 (30.8%)
Deadlines for all measures
01.03.2023 -
31.12.2025
Implementation of SACP measures within the scope of the Problem by main main performers
Ministry of Agrarian Policy and Food of Ukraine
10
State Service of Ukraine for Geodesy, Cartography and Cadastre
3
Achievement of ESR within the limits of the Problem
The total number of OSR – 4