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Derzhkomzem comments on liquidation of Inspection for Control over land Use and Protection


Myland - 07/12/2010:


It took only two weeks for Derzhkomzem to make a comment on liquidation of the State Inspection for Control over Land Use and Protection which was announced on November 22, 2010. The Committee on December 7 (but claiming the day being December 3) published the following release (our unofficial translation):


"The Inspection, which should have acted within the Committee as a governmental body of public administration, has been liquidated. From the moment when the Government passed its resolution of June 22, 2010 on establishment of the Inspection, the latter managed only to hire people to fill in positions in the central office. The vertical system of the Inspection was not built, as well as its territorial units.

During this period (i.e. between June and November 2010 - ML) the state control over land use and protection weakened significantly. And lack of control and delays with passing of important decisions in the field of control over adherence to legal requirements of land laws on part of local administrations, legal and natural persons is inadmissible. Besides (due to absence of the local units of the Inspection and delays - ML) the implementation of requirements regarding use of land according to its legal purpose became complicated. There has also been growth of the number of violations, such as delays with return of land plots upon completion of lease contracts, disregard to requirements on removal, storing and use of fertile layer of soil during mining and exploration works etc.

As a result, the Government on November 22, 2010 passed its decision on liquidation of the Inspection. The essence of the decision is expressed in short and clear terms in its title – On Liquidation of the State Inspection.

This decision makes an integral part of the legal field of Ukraine. It corresponds to the requirements of the Law of Ukraine "On the Cabinet of Ministers of Ukraine" which provides for the establishment of governmental bodies only within the structure of ministries, on the basis of a petition of respective ministers. This decision is also in line with the Law of Ukraine "On State Control over Land Use and Protection" which provides for the discharge of the said control by the specially authorized executive body in the field of land resources (Derzhkomzem – ML).

Upon approval of the Cabinet's decision the Head of Derzhkomzem Mr Lysenko signed a list of measures for liquidation of the Inspection. Mr Lysenko ordered to establish at local departments of the Committee respective units and to secure effective and clear control over land use and protection throughout the state. That would facilitate the realization of plans and executive decisions on implementation of land reform in Ukraine."



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