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This content has been automatically translated from Ukrainian.
Imagine a situation: there is a house, but it is unclear where your yard ends and the neighbor's begins. This was the case with Ukrainian land. Some plots located within villages formally belonged to the state. This created confusion, complicated management, and did not allow communities to effectively manage their resources. Delimitation is the process that puts a "fence" on this plot, clearly defining who is responsible for what. It is the key to transparency.
Legal Basis
The main criteria for distinguishing between state and communal lands are enshrined in the Land Code of Ukraine and other legislative acts. The key difference lies in the authority responsible for their management and disposal.
Definitions
- State-owned lands — this is like the "common treasury" of the entire country. They are managed by the government. These are large forest areas, national reserves, lands under defense or energy facilities of national significance.
- Communal lands — this is the "common yard" of the community. They are managed by local authorities. These include streets, squares, parks, as well as lands under schools, hospitals, and other social facilities that serve local residents.
Main Criteria for Delimitation
How does this division take place? We are guided by three main criteria.
The first is the intended purpose. If the land is needed for the needs of the entire country (for example, for national security), it remains state-owned. If it is for the needs of the community, it is transferred to communal ownership.
The second is location. The general principle is: land within the settlement belongs to the community, while outside it belongs to the state, unless there is a special decision on transfer.
The third is the managing entity. We determine who can best manage this land — central authority or local community.
Delimitation Procedure
1) Inventory:First, specialists conduct a "audit" of the land, measuring each plot and entering it into a catalog.
2) Documentation Development:A detailed plan is created, where the map clearly shows where state land ends and communal land begins.
3) Approval:The local council votes and officially approves these boundaries.
4) Registration:Information about the new boundaries is entered into state registers. Now this is an official document that has legal force.
Advantages of Delimitation
Why is this process so important?
For the community, it means full rights to manage its land. The community can lease or sell it, and the funds from this go directly into the local budget. This is financial independence. For the state, it is also beneficial as it allows for the optimization of resource management and clear delineation of powers. Transparency emerges, which attracts investors.
Main Issues
The process is costly and can take years due to the need for documentation preparation and bureaucratic obstacles.
Legislative contradictions and the lack of clear boundaries can lead to conflicts between communities and the state. This creates "gray areas" for corruption.
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