scholarly journals ANALYSIS OF CHANGES IN THE TECHNOLOGICAL PROCESS OF DEVELOPMENT AND COMPONENTS OF THE LAND MANAGEMENT PROJECT REGARDING THE ALLOCATION OF THE LAND PLOT

2021 ◽  
Vol 6 (166) ◽  
pp. 123-129
Author(s):  
M. Pilicheva ◽  
L. Maslii ◽  
I. Zavada

The article is devoted to the study of changes that have occurred during the development of the land management project for the allocation of land when changing regulations in the field of land management and cadastre. Land management projects for the allocation of land plots are developed in the case of the formation of new land plots from state and communal lands and in the event of a change in the purpose of land plots. They can also provide for the division, consolidation of land owned by one person. The main documents regulating the technological process of land management project development for land allotment are the Land Code and the Law of Ukraine "On Land Management", which consists of 6 stages: obtaining a project development permit, concluding an agreement with the developer of land management documentation, project development, project approval, entering data into the State Land Cadastre and project approval. Identified changes in the technological process of development of land management project for the allocation of land, which include: 1. The powers of local governments and executive authorities to transfer land ownership have been changed. At the same time, powers were tied to the boundaries of territorial communities instead of the boundaries of settlements. 2. Simplified the procedure for cadastral survey of land. The procedure of agreeing on the boundaries of the land plot and restrictions, transferring the boundaries in kind (on the ground) and establishing boundary markers becomes optional. 3. The state examination of land management documentation was canceled. 4. Simplified the procedure for approving the land management project for the allocation of land. The agreement with the territorial body of the State Geocadastre on the location of the land plot and the bodies implementing the state policy in the field of cultural heritage protection, forestry, water management, environmental protection, urban planning and architecture has been canceled. The following is added to the cadastral plan of the land plot: information on the transfer in kind (on the ground) of the boundaries of protection zones, coastal protection strips and beach zones, sanitary protection zones, sanitary protection zones and zones of special land use regime and land boundaries; information on the established boundary markers.

Author(s):  
P.V. Muntyanu

The article analyzes the restrictions on rights to land plots and capital construction objects located on them, located within the boundaries of the sanitary protection zones of industrial facilities, with the exception of ionizing radiation objects. The article considers the theoretical provisions on the concept of restrictions on rights, on the types of powers of rights holders of land plots that are subject to restrictions in connection with the establishment of sanitary protection zones. It has been determined that restrictions on rights consist of prohibitions and obligations to perform certain actions. Restrictions within the boundaries of sanitary protection zones are expressed in prohibitions to carry out construction, reconstruction and operation of capital construction facilities or otherwise use land plots if this does not correspond to the goals of establishing sanitary protection zones. Restrictions within the boundaries of the sanitary protection zones are also expressed in the imposition of the obligation of the owner of the land plot located within the boundaries of the sanitary protection zone, and the owner of the production facility, in connection with the location of which this zone is established, to perform certain actions. The establishment of sanitary protection zones gives rise to the emergence of a complex legal relationship between the owner of the land plot, the owner of the production facility, Rospotrebnadzor, the prosecutor's office, state authorities of the constituent entity of the Russian Federation and local governments.


1970 ◽  
Vol 22 (1) ◽  
pp. 196-204
Author(s):  
M.N.B. Agbarevo ◽  
Chdindu Iworie

The study determined the extent the Fadama111 Development Project has been able to help participating farmers/agro-processors in acquiring entrepreneurial skills needed to successfully run their chosen agribusiness enterprises offered by the Project in Abia State, Nigeria. Fadama 111 is the third phase of the Fadama Project in Nigeria, and is essentially an agricultural diversification project. Multi-stage sampling technique was used in the selection of the sample. In the first stage, the state was stratified into the three geo-political zones of the state. In the second stage, three local governments were selected from each of the zones, giving a total of 9 local governments out the 17 Local Government Areas of the State. In the third stage, two Fadama Users’ Groups ( FUGs) were selected from each of the 9 local governments, giving a total of 18 FUGs. In the fourth stage, 10 participants were randomly selected from each of the FUGs, giving a sample size of 180 farmers. Data were collected through the use 180 copies of questionnaire/ interview schedule distributed to respondents. The data collected were analyzed using descriptive statistics, such as mean, and inferential statistics, such as Z- test. The rating of respondents in this regard showed that the following agribusiness enterprises were highly beneficial to them: cassava production and processing(gari), broiler/egg production, plantain chips, cassava odorless fufu, fish smoking, goat and sheep production, and pork production, while chin-chin, cassava bread, tom-brown, pepper production, snail production, grass cutter production The result of z-test showed no significant difference between the population and sample means at 5% level. The study recommend among others, greater sensitization of rural dwellers on the benefits of the Fadama capacity building activities, to develop entrepreneurial skills as this would encourage greater participation of rural people to see farming as a business instead of a way of life to reduce rural poverty.Key words: Enhancement, entrepreneurship, farmer, fadama 111, project.


Author(s):  
Y. Dorosh ◽  
◽  
R. Kharytonenko ◽  
E. Butenko ◽  
D. Melnyk ◽  
...  

The normative legal acts, scientific publications and land management projects on the organization of the territory in particular of the state scientific institutions and enterprises of the National Academy of Agrarian Sciences of Ukraine (hereinafter - NAAS) are analyzed. It is established that in the current legislation there is no type of land management documentation to address the organization of land use of state institutions and enterprises of NAAS. Emphasis is placed on the need to develop an industry standard that will take into account the specifics of land use of NAAS institutions and enterprises, which include land, research fields, nurseries, valuable land for research, which must be taken into account when developing land management documentation. The definition of the term organization of the territory is offered. The design of regulatory documents (industry standard) in accordance with DSTU 1.5: 2015, which indicates the typical structural elements that need to be shown when developing the standard. The branch standard of the land management project concerning the organization of the territory of land use of the state establishments and the enterprises of NAAS is offered taking into account specific functional features of use of the agricultural lands of the state establishments and the enterprises of NAAS.


2021 ◽  
pp. 10-10
Author(s):  
O. Yusypenko ◽  

Today, in the conditions of transformational transformations, the recreational potential of reservoirs is used only partially, in connection with the priority of development of other branches of activity (health-improving). This is despite the fact that the value of water resources is involved in the processes of all areas of activity. That is why the issue of land management formation of recreational land use of water protection zones and coastal protection strips requires an integrated approach. Which is carried out through the assessment of recreational and tourist potential of territories and settlements to emphasize the characteristics and features that are important in the implementation of recreational activities and have a direct impact on the planning organization of land use. For the purpose of verifying the set of general intelligence, the author schematically presents the concept of "structural components that form the land use of cultural landscapes ". It has been established that in a city, the assessment of the attractiveness of land use of landscapes for recreational activities should determine the originality of recreational land use in accordance with regional and local specifics and landscape diversity. It has been seen that as a result of using various methodological approaches to assessing the recreational potential of land use of the water protection zone and the coastal protection strips, the following should be established: the recreational capacity of land use of the territory; permissible recreational load; recreational digression. In addition, according to the results of the assessment, it is proposed to divide the recreational land use of the territories of water protection zones and coastal protection strips by popularity rating, in particular, with high, medium and low potential values. As an example, the state of recreational potential in Kyiv was considered and it was established that the land management arrangement of the city needs an immediate solution for further development of recreational land use. Also, the author, due to the lack of established boundaries of water protection zones, presents a characteristic of acute social and environmental problems of land use of water bodies in Kyiv. It has been established that if there are restrictions on the use of land and other natural resources, but there is no information about them, then there is a possibility of the occurrence of various types of damage to the land use of water protection zones and coastal strips. That is why, it is proposed to allocate functional land use zones of the coastal protection strips by types of development, which will allow more efficient use of the existing potential of recreational land use of water protection zones and coastal protection strips within Kyiv and its greening and generally increase capitalization. Keywords: recreational land use, water protection zones, coastal protection strips, functional areas


The article is devoted to the analysis of administrative proceedings structure concerning the ownership of land plots, which are implemented in the local government authorities’ activity process. The theoretical basis of the article are the traditional for the science of administrative law views upon administrative process and administrative proceedings gist and content, as well as the views upon the administrative process structure in terms of such its feature as staging. It is shown that the difficulty of administrative proceedings structure determining on free land plots ownership for citizens is that each of its stages has features of separate administrative proceedings. This is a proceeding for granting permission for the development of a land management project as for land allotment, a proceeding for the development and approval of a land management project for the land plot allotment, a procedure for approving a land management project and providing a land plot for ownership. It is suggested to refer to such proceedings as “stage proceedings” or “sub-proceedings”. Stage proceedings or sub-proceedings can be defined as a substantively separated, time-bound and logically related set of procedural actions that, in the aggregate, constitute independent administrative proceeding within the framework of higher-level administrative proceeding. A characteristic feature of sub-proceeding is that they are implemented in a clearly defined sequence and have no independent value beyond the general administrative proceeding for the land plots ownership granting. The procedural purpose of each sub-proceeding is related to the ultimate procedural purpose of the general administrative proceeding. Each of the sub-proceedings results in the adoption of an administrative act, namely the decision of the local council to grant permission for the development of land management for allotment of land plot; act of the land management project approval by the executive power authorized body; the decision of the local council to approve the project of land management and allotment of the land plot in ownership. It is concluded that there is no stage of decision execution for the provision of land plots in the administrative proceedings structure, since the decision of the local council as for approval of land management project on the land allotment and the provision of the land plot to the property do not require activity for its implementation. The legal consequences of this decision arise automatically and consist in the person’s having ownership of the land plot. As for the subsequent registration of ownership right, it is carried out according to independent administrative registration proceeding.


2021 ◽  
pp. 9-9
Author(s):  
T. Kravchuk ◽  

In the process of working on the article, the author considered the issue of establishing and ensuring compliance with the land use regime of water protection zones and coastal protection strips (on the example of the city of Kyiv). The urgency of considering this issue lies in the importance of optimizing land use as one of the most important tools to protect water bodies from technogenic and anthropogenic impacts and, in general, to improve the water-ecological situation of the hydrological regime. From which the purpose of the work follows, namely, to study the features of optimization of land use of water protection zones and coastal protection zones in Kyiv by the method of land management for the environmental safety of the city's population and public welfare in general. As a result of the research process, the theoretical basis was formed by scientific works related to the essence of the task, as well as legislative and regulatory legal acts of Ukraine on land use regulation. The information and statistical base was an extract from the scheme of planning restrictions of the General Plan of Kyiv and data of the State Service of Ukraine on Geodesy, Mapping and Cadastre, the State Statistics Service of Ukraine. As a result of research, it was revealed that according to the legislation on the lands of cities and urban-type settlements, the size of the water protection zone, as well as the coastal protection zone, is established according to existing at the time of installation of a water protection zone concrete building conditions. Nevertheless, the example of the city of Kyiv shows that such information may be missing. The author describes the problematic issues of the land management process of works on establishing the boundaries of water protection zones and coastal protection zones and restrictions on the use of land and other natural resources. Expertly determined the approximate possible area, taking into account the specific building conditions and possible flooding at the maximum flood water level. The model of optimization of land use of the territorial community by means of establishment of restrictions in use of the earths and other natural resources occupied by water objects is proposed. At the same time, the model combines technological, instructional and administrative tasks of land use optimization. In addition, the optimality criteria and restrictions on the use of these criteria proposed in the model, which make it possible to unambiguously determine the location of the boundaries of water bodies and restrictions on the use of lands and other natural resources, taking into account the interests of land users and legislation. Keywords: land use optimization, water protection zones, coastal protection strips, land management process


2019 ◽  
Vol 19 (1) ◽  
pp. 329-339
Author(s):  
A. Ripenko ◽  
Y. Yaremko ◽  
I. Peskov

The paper considers the administrative-territorial system of Ukraine. The procedure of boundary determination, in particular the development of the relevant land management project, the procedure for conducting the state land survey of the project, its approval and certification of the borders are analyzed. The problematic aspects of the execution of the judicial examination of documentation on the establishment of boundaries of administrative-territorial units are characterized. The emphasis is placed on the importance of adhering to the procedure of analysis of normative-legal and regulatory-technical documents in force at the moment of making the relevant decisions and development of relevant documentation. Ways to improve scientific and methodological support of forensic activities in Ukraine are proposed.


1980 ◽  
Vol 5 (2) ◽  
pp. 303-400 ◽  
Author(s):  
Gilbert L. Finnell

During the 1970s, the Florida legislature enacted some of the nation's most innovative and comprehensive state and local land-planning and regulatory programs. The Environmental Land and Water Management Act of 1972 adopted large parts of an early draft of article 7 of the ALIModel Land Development Code, thereby asserting a state regulatory role in areas of critical state concern and for developments of regional impact; Florida's Local Government Comprehensive Planning Act of 1975 introduced planning and regulatory innovations that, if ever fully implemented, could place Florida in the vanguard of land regulatory reform at the local governmental level. This study, which is the concluding part of a study of the evolution of federal, state, and local regulatory roles in the management of coastal land resources, examines the intergovernmental, interagency, and separate-branch tensions that have emerged as Florida moves to implement its new laws. Included,inter alia, is an analysis of the Florida Supreme Court's controversial nondelegation decision inAskew v. Cross Key Waterways.Although Florida can claim some limited successes in program implementation, its land management systems are still not adequately integrated and coordinated, and they have not been implemented as successfully as their proponents thought possible. For example, the state has several alternatives for complying with the federal requirements for an approved management program under the Federal Coastal Zone Management Act of 1972—the comprehensive land management system examined in this study being only one of the available ones. Yet Florida still has been unable to obtain federal approval, and, if it ever does, will be one of the last of the major coastal states to do so. Much of Florida's difficulty in forging a well-integrated coastal land management process is attributable to substantial disagreements on two basic propositions: because of Florida's unique ecological characteristics, coastal land management should not be divorced from comprehensive land management for other purposes; and because of substantial regional diversities within the state, coastal land management in Florida should include a significant planning and regulatory role for local governments as well as for regional and state agencies.


Water Policy ◽  
2019 ◽  
Vol 21 (3) ◽  
pp. 526-545
Author(s):  
Carla Chifos ◽  
Zaharias Doxastakis ◽  
Michael C. Romanos

Abstract The politics and practices of decision-making in a large dam project on the Greek island of Crete is investigated through the case study of the Aposelemis Dam, a European Union (EU)-funded development project to supply drinking water to three urban centers and major tourist destinations. Our study employs a modified version of the World Commission on Dams (WCD) evaluation framework. We compare the processes used in Greece with the best practices suggested by the WCD framework. Our study reveals three areas of weakness in this project. First, the political decision to build the dam took place in the absence of reliable hydrological studies and in the face of strong opposition from the residents, local governments, and professional organizations. Second, during the stages of planning, design, implementation, and operation of the project, the Greek government failed to follow transparent procedures in its deliberations. Affected residents and local governments in all the stages of the project were disregarded and mitigation of negative effects was negligible. And, third, the comprehensive sustainable regional development goals of the EU funding were never materialized.


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