Problem

The State Service for Geodesy, Cartography, and Cadaster is a central executive authority implementing state policy in the field of geospatial data, topographic, geodetic and cartographic activities, land relations, land management, the State Land Cadaster, state control over the use and protection of land of all categories and forms of ownership, and soil fertility. The relevant authority disposes of land and at the same time directly influences land management and the entry of information about land plots into the State Land Cadaster, which creates a conflict between its various tasks. At the same time, the function of state control over the use and protection of land cannot be objectively exercised by such an agency in relation to itself if its activities involve violations and/or abuses in the course of land disposition or land management. The relevant problem was partly resolved by the Law of Ukraine dated April 28, 2021, No. 1423-IX, On Amendments to Select Legislative Acts of Ukraine on Improving the System of Management and Deregulation in the Field of Land Relations, which eliminated the most corruption-plagued functions of the State Service for Geodesy, Cartography, and Cadaster: multiple procedures for approving land management documentation, state examination of land management documentation, special permits for the removal (transfer) of the topsoil of land plots, etc. were abolished.
The complexity, fragmentation, and conflicting nature of Ukraine’s land legislation creates conditions under which the acquisition and full exercise of land rights by citizens, entrepreneurs and local self-government bodies becomes virtually impossible without the “blessing” of State Service for Geodesy, Cartography, and Cadaster officials. In addition, the State Service for Geodesy, Cartography, and Cadaster retains a decisive influence on the qualification committees that conduct professional certification of land management engineers and geodesic engineers, which has a wide level of discretion in making decisions on issuing and revoking qualification certificates, in particular, evaluating the “grossness” of violations in the activities of the relevant engineers at its own discretion.
Thus, there is a need to segregate the powers of the State Service for Geodesy, Cartography, and Cadaster to dispose of state-owned land, control land use and protection, regulate land management, and maintain the State Land Cadaster between separate bodies, institutions or organizations.