Study of the procedure for allotting state-owned forest land for lease
Students Name: Ivakhniuk Khrystyna Bohdanivna
Qualification Level: magister
Speciality: Land Management and Cadastre
Institute: Institute of Geodesy
Mode of Study: full
Academic Year: 2021-2022 н.р.
Language of Defence: ukrainian
Abstract: For years, the forestry industry has been one of the most stable in Ukraine. The forest in a complex with the earth, as well as other natural resources of Ukraine, is a national property and item of property of the Ukrainian people. The efficiency and rational use of forestry lands depends primarily on the establishment of legal control over such lands. The existing system of authorities, that carries out state regulation and management of this category of land, is determined by the Forestry Code of Ukraine. Regulation of legal relations arising from the use of forestry lands is carried out on the basis of the Land Code of Ukraine [1], the Forestry Code of Ukraine [3] and other legislative acts [2, 4-7]. The land legislation defines the general provisions on the regulation of the use and protection of forestry lands, in its turn the forest legislation reflects the specifics of the regulation of these relations. The change of lands purpose is carried out on the basis of drafting a land management plan on allocation of lands with their purpose change. These projects are agreed and approved in accordance with the procedure established by the Land Code of Ukraine. For practical implementation of theoretical provisions, there has been presented the developed complex of land management works on allocation of state-owned lands with change of their purpose from the lands for conducting forestry and related services, to the land for placement and operation of the main, accessory and auxiliary buildings and constructions by the enterprises related to the use of subsoil leased out for the duration of a special subsoil use permit. Land plots are located outside the territory of Zahvizdia Village of Zahvizdia Village Territorial Community of Ivano-Frankivsk District of Ivano-Frankivsk Region. There have been analysed the legal and regulatory, methodical and scientific sources in the field of land management on allocation of lands leased out with change of their purpose for the needs of industry, as well as the work of specialists of the Department of Cadastre of Territories of the National University «Lviv Polytechnic» [8-10]. There has been carried out calculation of the standard monetary value of land plots to determine the amount of lease payment. There has been analysed the procedure of compensation and determination of the number of losses of forestry production and losses to land-users of forest lands as a result of withdrawal of such lands for needs not related to forestry production. The scope of the research is the forestry lands. The subject of the research is the development of a set of land management works on allocation of state-owned forestry lands leased out with change of their purpose. The purpose of the research of the Master’s qualification thesis is to study a set of land management works on allocation of state-owned forestry lands to lease to PJSC «Budivelni Materialy» with change of the land purpose. Research results are as follows, the process of changing the purpose of state-owned forestry lands is carried out in agreement with the Cabinet of Ministers of Ukraine. Such powers of the executive body of Ukraine are established by the Land Code of Ukraine. There has been presented the procedure for development of a complex of land management works at all stages of formation. The results of research work are formed in the format of text and graphic materials with the use of specialized technical and technological support, in accordance with current legislation. It is shown that the scope of research is covered by a sanitary protection zone from a clay pit. The total area of the established restriction on the use of lands of this category is 2,8099 hectares. In order to substantiate the amount of lease payment, there has been conducted a comparative analysis of the calculation of the standard monetary value of lands according to the Procedure [6] and the «new» Methodology [7]. According to these documents, the cost of the subject of research is UAH 11 364 000,00 and UAH 12 776 000,00. The difference is due to the equating of the rate of capitalized rental income of industrial land to the maximum level, which corresponds to the assessment of land settlements, and indicates the advisability of adopting a «new» Methodology for our subject of research. According to the lease agreement, the amount of lease payment is set at 3% of the standard monetary assessment, namely UAH 383 280,00 per year and UAH 31 940,00 per month. The lease term is for the period of validity of the Special Subsoil Use Permit until 27 April 2031. There have been analysed the process of compensation and determination of the number of losses of forestry production as a result of withdrawal of forest lands for needs not related to forestry production. The number of losses of forestry production according to the calculations is UAH 488 070,00. As the land plots are in permanent use, it is proposed to determine the number of losses to forest land users as unearned income as a result of withdrawal. The number of losses to land users is UAH 4 816 908,37. Key words: forestry lands, industrial lands, land management plan, land normative monetary valuation, rental fee, forestry production losses. References: 1. Land Code of Ukraine, Code of Ukraine №2768-III (2001, 25 October) (Ukraine). Journal of the Verkhovna Rada of Ukraine, (3). https://zakon.rada. gov.ua/laws/card/2768-14. 2. On Land Management, Law of Ukraine №858-IV (2003, 22 May) (Ukraine). Journal of the Verkhovna Rada of Ukraine, (36). https://zakon.rada. gov.ua/laws/show/858-15#Text. 3. Forestry Code of Ukraine, Code of Ukraine №3852-XII (1994, 21 January) (Ukraine). Journal of the Verkhovna Rada of Ukraine, (17), 443. https://zakon.rada.gov.ua/laws/show/3852-12#Text. 4. On the amount and procedure for determining the losses of agricultural and forestry production that are subject to compensation, Resolution of the Cabinet of Ministers of Ukraine №1279 (1997, 17 November) (Ukraine). Official Journal of Ukraine, 40 https://zakon.rada.gov.ua/laws/show/1279-97-п#Text. 5. On the Procedure for Determining and Compensating Losses to landowners and Land Users, Resolution of the Cabinet of Ministers of Ukraine №284 (1993, 19 April) (Ukraine). https://zakon.rada.gov.ua/laws/show/284-93- %D0%BF#Text. 6. Procedure for normative monetary valuation of non-agricultural lands (except for lands in the settlements), Order №508 (2013, 22 August) (Ukraine). Official Journal of Ukraine, (72), 314. https://zakon.rada.gov.ua/laws/show/z1573-13#Text. 7. On approval of the methodology of normative monetary valuation of land plots, Resolution of the Cabinet of Ministers of Ukraine №1147 (2021, 3 November) (Ukraine). https://www.kmu.gov.ua/npas/pro-zatverdzhennya-metodiki-normativnoyi -groshovoyi-ocinki-zemelnih-dilyanok-1147-031121. 8. Malanchuk M., Muzyka N., Khavar Yu., & Hulko O. (2019). Spatial sustainable development of society as the basis of socio-economic relations. Journal of Lviv National Agrarian University. Series: Economics of the agro-industrial complex, (26), 11-14. 9. Sai V. & Khavar Yu. (2013). Features of organizational and technical support for the functioning of the forestry lands cadastre. Geodesy, cartography and aerial photography (77), 62-66. 10. Hubar, Y., Khavar, Y., Sai, V., Vynarchyk, L., & Ivakhniuk, K. (2020, December). Investigation of rented immovable real estate right. 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