In this article the explanation about a designated purpose of the land lots according to the Land code of Ukraine is given.
All lands in borders of the territory of Ukraine on the basic designated purpose according to the Land code of Ukraine (in edition of 2001 – further ZKU) share on nine independent categories.
In comparison with earlier existing Land code of Ukraine (1992) as a part of the lands of Ukraine there were essential changes. So, instead of lands of settlements which admitted earlier the law as category of lands, the new category – the earth of inhabited and public building is entered. Settlements according to the Constitution of Ukraine are independent unit in system of the administrative-territorial device. Earth of improving, recreational, historical and cultural appointment are recognized as the Land code independent specific categories of lands.
Stock earth as separate category of lands, are cancelled. But according to a part of 2 Art. 19 of ZKU into structure of each category of lands can enter the stock earth. It concerns those land lots which aren’t provided in a property or using of citizens or legal entities.
Lands in borders of Ukraine are homogeneous for the qualitative structure, natural, biological, chemical and other parameters. Besides, separate lands are characterized by certain features and can be used with the various purpose. One of them are used as means of production in rural and forestry, others – as territorial spatial base for different placement of objects or as conservation zones, etc. (Art. 22 Art., 28, 112 ZKU).
Exactly the basic designated purpose as criterion of division of the lands of Ukraine on independent categories is considered by authorized state authorities and local government bodies which plan use of lands, their distribution and redistribution. The designated purpose of lands is defined by authorized bodies on the basis of data of the account and a land cadastre. The basic designated purpose of lands influences and determines the content of the rights and duties of subjects of ground legal relationship, and also governing bodies by use and protection of lands.
Division of lands into independent categories which it is carried out on the based designated purpose, represents itself their initial classification. In each category of lands possible further classification on types and subspecies depending on certain criteria (persons of law of land ownership or the right of land use, a concrete designated purpose, etc.). So, say, the earth of agricultural purpose can be classified on lands of agricultural enterprises which use them for maintaining commodity agricultural production, and the earth of the nonagricultural enterprises, establishments and the organizations which are provided for maintaining part-time agricultural industry.
The legal regime of each category of lands is defined by separate legal instructions which are concentrated in independent chapters of the Land code.
The land lot should be used strictly on its designated purpose.
Use of the land lot not on a designated purpose is one of the basis for the termination of a right of use (rent) on this land lot (the item "g" of Art. 141, the item "and" of Art. 143 of ZKU).
The code of Ukraine about administrative offenses provided administrative responsibility for use of the land lot not on a designated purpose.
I.Berezina, head of department of the ground relations of executive committee of Sudaksky city council.