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.
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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

30%
10

State Service of Ukraine for Geodesy, Cartography and Cadastre

33.3%
3

Achievement of ESR within the limits of the Problem

The total number of OSR – 4

SUMMARIZED GENERAL INFORMATION ON THE IMPLEMENTATION OF THE PROGRAM MEASURES IN TERMS OF DIRECTIONS, PROBLEMS AND EXPECTED STRATEGIC RESULTS

Name of the ESR Name of the measure The main implementer Monitoring results (latest) Performance note % виконаних заходів (fully and partially)
1.1. ESR 2.5.4.1 The process by which land plots are formed has been revised and simplified (the number of administrative procedure steps has been reduced) 2.5.4.1.1. Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing amendments to the Law of Ukraine On Land Management, which: 1) stipulates that land management and appraisal documentation used to enter information into the State Land Cadaster shall be handed over to the State Fund of Land Management and Appraisal Documentation automatically using electronic document exchange tools immediately after the information has been entered into the State Land Cadaster; 2) Defines unified requirements for determining whether or not the provisions of land management documentation and engineering documentation on land appraisal conform to the requirements of laws and normative legal acts enacted on their basis, as well as to previously approved land management documentation or urban development documentation, with the use of a unified list of questions (check list). Ministry of Agrarian Policy and Food of Ukraine The measure was implemented on time, but partially Partially implemented
100% 5/ 5
1.2. 2.5.4.1.2. Drafting and submitting to the Cabinet of Ministers of Ukraine a draft resolution of the Cabinet of Ministers of Ukraine that: 1) restarted the pilot project as part of which the State Land Cadaster is updated with information about land plots by certified land management engineers, particularly while martial law is in effect; 2) introduced internships for certified land management engineers during which they exercise powers of state cadastral registrars as part of the pilot project under the supervision of certified land management engineers who are already exercising the powers of state cadastral registrars; 3) introduced public monitoring of the exercise of powers of state cadastral registrars by certified land management engineers. Ministry of Agrarian Policy and Food of Ukraine The measure was implemented on time and in full Implemented
1.3. 2.5.4.1.3. Drafting and submitting to the Cabinet of Ministers of Ukraine a draft resolution of the Cabinet of Ministers of Ukraine that: 1) approves a unified list of questions (check list) for determining whether or not the provisions of land management documentation and engineering documentation on land appraisal conform to the requirements of laws and normative legal acts enacted on their basis, as well as to previously approved land management documentation or urban development documentation. Ministry of Agrarian Policy and Food of Ukraine Implementation of the measure has not started Not started
1.4. 2.5.4.1.4. Annual monitoring of the number of land plots registered in the State Land Cadaster by certified land management engineers who exercised the powers of state cadastral registrars as part of the pilot project during which certified land management engineers enter information about land plots into the State Land Cadaster Ministry of Agrarian Policy and Food of Ukraine There is no progress in the implementation of the measure In progress
1.5. 2.5.4.1.5. Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing amendments to the Law of Ukraine On the State Land Cadaster, which stipulates that: 1) certified land management engineers have the rights and duties of state cadastral registrars; 2) decisions of certified land management engineers to enter into the State Land Cadaster any information that contravenes the law, violate rights or legislatively protected interests of individuals or legal entities, the state or a territorial community can be revoked by the central executive authority implementing public policy on land relations at its own initiative, following complaints from individuals or legal entities, or by a court; 3) decisions of certified land management engineers to carry out state registration of land plots in respect of which real rights have been registered, as well as decisions to make changes to such details in the State Land Cadaster, may be revoked only in court. Ministry of Agrarian Policy and Food of Ukraine The measure has not been implemented Not implemented
2.1. ESR 2.5.4.2 Amendments have been made to land legislation, which provide for a comprehensive electronic procedure by which land plots are formed 2.5.4.2.1. Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing amendments to the Law of Ukraine On Land Management, which provides for: 1) a unified form for preparing land management documentation and technical documentation on land appraisal in the form of an electronic document signed with a qualified digital signature of a certified land management engineers with a qualified time stamp; 2) electronic interaction between land management entities during development, review, and approval of land management documentation, state registration of land plots, and other objects of the State Land Cadaster with the use of electronic workspaces of land management entities and with the use of exclusively electronic document exchange. Ministry of Agrarian Policy and Food of Ukraine The measure was implemented on time, but partially Partially implemented
0% 0/ 2
2.2. 2.5.4.2.2. Drafting and submitting to the Cabinet of Ministers of Ukraine a draft resolution of the Cabinet of Ministers of Ukraine defining: 1) the procedure of electronic interaction among land management entities during development, review, and approval of land management documentation, state registration of land plots and other items of the State Land Cadaster with the use of electronic workspaces of land management entities and with the use of exclusively electronic document exchange; 2) the procedure for administering the electronic system of interaction among land management entities. Ministry of Agrarian Policy and Food of Ukraine Implementation of the measure has not started Not started
3.1. ESR 2.5.4.3 Software used to form land plots has been put into operation, and it has been mandated that land management documentation and technical documentation for land appraisal shall be developed exclusively in electronic form (without the development of hardcopy documentation) 2.5.4.3.1. Conducting an independent technical audit of software, hardware, and process equipment of the State Land Cadaster, the effectiveness of storage and protection of information of the State Land Cadaster, particularly an evaluation of the degree to which the functionality of State Land Cadaster software conforms to the requirements of legislation State Service of Ukraine for Geodesy, Cartography and Cadastre The measure was implemented on time and in full Implemented
100% 5/ 5
3.2. 2.5.4.3.2. Preparing a statement of work (“technical assignment”) for the system of electronic interaction among land management entities during development, review, and approval of land management documentation, state registration of land plots and other items of the State Land Cadaster State Service of Ukraine for Geodesy, Cartography and Cadastre The measure has not been implemented Not implemented
3.3. 2.5.4.3.3. Arranging the development of software for the system of electronic interaction among land management entities during development, review, and approval of land management documentation, state registration of land plots and other items of the State Land Cadaster Ministry of Agrarian Policy and Food of Ukraine The measure has not been implemented Not implemented
3.4. 2.5.4.3.4. Launching pilot operation of the system of electronic interaction among land management entities during development, review, and approval of land management documentation, state registration of land plots and other items of the State Land Cadaster Ministry of Agrarian Policy and Food of Ukraine Implementation of the measure has not started Not started
3.5. 2.5.4.3.5. Launching commercial operation of the system of electronic interaction among land management entities during development, review, and approval of land management documentation, state registration of land plots and other items of the State Land Cadaster Ministry of Agrarian Policy and Food of Ukraine Implementation of the measure has not started Not started
4.1. ESR 2.5.4.4 State-owned and municipally owned land plots, agricultural land plots under state and municipal ownership have been inventoried, and information about such land plots has been entered into the State Land Cadaster based on the results of this inventory 2.5.4.4.1. Conducting a state inventory of land State Service of Ukraine for Geodesy, Cartography and Cadastre There is progress in the implementation of the measure In progress
0% 0/ 1

Key sources on the state of the problem:

Assessment of the situation by international monitoring mechanisms and organizations: