Law of Ukraine

“On Amendment of the Laws of Ukraine “On Topographic, Geodesic and Cartographic Activity” and “On Land Management”

Date of entry into force:
July 27, 2013

Relations in the sphere of topographic, geodesic and cartographic activity are regulated by the Law of Ukraine “On Topographic, Geodesic and Cartographic Activity” N353-XIV of December 23, 1998, and other normative legal acts of Ukraine (Article 2 of the Law of Ukraine “On Topographic, Geodesic and Cartographic Activity”).

The Law of Ukraine “On Land Management” N858-IV of April 22, 2003 determines the legal and organizational foundations for activities in the spheres of land management, and aims to regulate the relations that arise between state authorities, bodies of local self-government, legal entities and natural persons, in the course of ensuring sustainable development of land use.

According to the new version of Article 5-1 of the Law of Ukraine “On Topographic, Geodesic and Cartographic Activity”, professional topographic, geodesic and cartographic activity can be carried out by persons with a higher education in the appropriate major and qualifications in the field of geodesics. Certified geodesics engineers are responsible for the quality of the results of topographic, geodesic and cartographic work. A certified geodesic engineer may be a person with a minimum of one year of experience in the field, who passed a qualification test, received a qualification certificate, and is included in the State Register of Certified Geodesics Engineers according to the requirements of the Law of Ukraine “On Topographic, Geodesic and Cartographic Activity”. A certified geodesics engineer cannot be a person of limited legal capacity, or declared legally incapable by court. A geodesics engineer who passed the qualification test is issued a qualification certificate of a geodesics engineer, in paper and digital form, which confirms the conformance of the bearer to the qualification characteristics of their profession, and their ability to independently carry out topographic, geodesic and cartographic work. Geodesics engineers certified according to the Law of Ukraine “On Topographic, Geodesic and Cartographic Activity” must improve their qualification at least once per 4 years, under advanced training programs. The term of validity of a qualification certificate of a geodesics engineer is not limited, except for cases established by the law. In case of failure to observe the requirement for improved qualification training in the timeframe established by the law, validity of the certificate is suspended until the certificate of improved qualification is procured.

The Law supplements the Law of Ukraine “On Topographic, Geodesic and Cartographic Activity” with a new Article 17-1, according to which technical support of topographic, geodesic and cartographic activity is based on using computation and IT equipment, and technical equipment for topographic, geodesic and cartographic work. Technological support of topographic, geodesic and cartographic activity is based on the use of modern information technologies and system to create geodesic, topographic and cartographic materials, collecting, maintaining, controlling, accumulating, storing, updating, searching, transforming, processing, reproducing, publishing and transferring data. The basis of informational support of topographic, geodesic and cartographic activity is automation systems intended for processing the data of cadastre, topographic and other surveys, as well as remote sensing, and for maintaining geospatial data banks (bases), forecasting, planning, designing, mapping, and organizational management. The requirements to technical and technological support of performers of topographic, geodesic and cartographic work are established by the central body of executive power that provides for creation of state policy in the sphere of topographic, geodesic and cartographic activity.

According to the new version of Article 24 of the Law of Ukraine “On Topographic, Geodesic and Cartographic Activity”, state geodesic supervision over topographic, geodesic and cartographic activity is carried out by the central executive authority that implements state policy in the sphere of land relations, by means of scheduled and unscheduled inspections held according to the reasons determined by the Law of Ukraine “On the Main Principles of State Supervision (Oversight) in the Area of Commercial Activity”. State supervision is carried out at the place where commercial activity is carried out by the performer of topographic, geodesic and cartographic work, or its separate divisions. State supervision measures can be carried out at the premises of the state supervision authority, by consent of the performer of topographic, geodesic and cartographic work. In case of discovered violations regarding technical, technological or metrological support of topographic, geodesic and cartographic activity, the central executive authority that implements state policy in the sphere of land relations issues an order to eliminate violations discovered during the inspection. The performer of topographic, geodesic and cartographic work shall inform the central executive authority that implements state policy in the sphere of land relations about the elimination of violations discovered during the inspection, within the time specified in the order. An established fact of the failure to observe the order to eliminate the violations discovered during the inspection is the basis to stop performance of topographic, geodesic and cartographic work by decision of an administrative court, approved after reviewing a claim of the central executive authority that implements state policy in the sphere of land relations. Response measures applied by an administrative court by demand of the central executive authority that implements state policy in the sphere of land relations are lifted by an administrative court according to the procedure established by the law. While carrying out measures of state supervision over the work of performers of topographic, geodesic and cartographic work, the central executive authority that implements state policy in the sphere of land relations, verifies that the certified geodesics engineer conforms to the requirements of laws, other normative legal acts, normative technical documents, standards, norms and rules in the sphere of topographic, geodesic and cartographic activity. In case there are grounds to withdraw or suspend the qualification certificate of a geodesics engineer, the protocol of inspection must be reviewed at a session of the Qualification Commission. Based on the results of the protocol review, the Qualification Commission submits a proposal to the central executive authority that implements state policy in the sphere of land relations, suggesting withdrawing or suspending the qualification certificate of a geodesics engineer. Based on the proposal of the Qualification Commission that suggests withdrawing (suspending) the qualification certificate, the central executive authority that implements state policy in the sphere of land relations makes a decision to withdraw or suspend the qualification certificate, and informs the geodesics engineer in writing, within two weeks after receiving the appropriate minutes of the Qualification Commission session. The decision to withdraw the qualification certificate of a geodesics engineer can be contested up to the court.

The Law presents a new version of Article 61-1 of the Law of Ukraine “On Land Management”, according to which state supervision in the sphere of land management is carried out by a central executive authority that implements state policy in the sphere of land relations, by means of scheduled and unscheduled inspections held according to the reasons determined by the Law of Ukraine “On the Main Principles of State Supervision (Oversight) in the Area of Commercial Activity”. State supervision is carried out at the place where commercial activity is carried out by the performer of land management work, or its separate divisions. State supervision measures can be carried out at the premises of the state supervision authority, by consent of the performer of land management work. In case of discovered violations regarding technical, technological or metrological support of performers of land management work, the central executive authority that implements state policy in the sphere of land relations issues an order to eliminate violations discovered during the inspection. The performer of land management work shall inform the central executive authority that implements state policy in the sphere of land relations about the elimination of violations discovered during the inspection, within the time specified in the order. An established fact of the failure to observe the order to eliminate the violations discovered during the inspection is the basis to stop performance of land management work by decision of an administrative court, approved after reviewing a claim of the central executive authority that implements state policy in the sphere of land relations.

The Law also presents a new version of Article 66 of the Law of Ukraine “On Land Management”, according to which professional activity in the sphere of land management can be carried out by persons with a higher education in the appropriate major and qualifications in the field of geodesics. Land management engineers are trained in land management departments of higher educational institutions of the appropriate accreditation level. Only certified land management engineers can be persons responsible for the quality of land management work. A certified land management engineer may be a person with a minimum of one year of experience in the field, who passed a qualification test, received a qualification certificate, and is included in the State Register of Certified Land Management Engineers according to the requirements of the Law of Ukraine “On Land Management”. A certified land management engineer cannot be a person of limited legal capacity, or declared legally incapable by court. Qualification testing of land management engineers by the Qualification Commission and improved qualification training of land management engineers is carried out on the basis of land management departments of higher educational institutions of the appropriate accreditation level, which have concluded an agreement with the central executive authority that implements state policy in the sphere of land relations. A land management engineer who passed the qualification test is issued a qualification certificate of a land management engineer, in paper and digital form, which confirms the conformance of the bearer to the qualification characteristics of their profession, and their ability to independently draw up certain type of land management and land assessment documents, carry out topographic, geodesic and cartographic work, take land inventory, and check the quality of soil, geobotanical and other land inspections during land management. Certified land management engineers must improve their qualification at least once per 4 years, under advanced training programs. The qualification certificate, improved qualification certificate or copies thereof are issued to land management engineers by the educational institution where the qualification test or advanced training is being carried out, by decision of the Qualification Commission. The term of validity of a qualification certificate of a land management engineer is not limited, except for cases established by the law. In case of failure to observe the requirement for improved qualification training in the timeframe established by the law, validity of the certificate is suspended until the certificate of improved qualification is procured.
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