Problems of Inclusion of Nature-protected Area Categories to the State Land Cadastre.
Keywords: nature- reserve fund, the state land cadaster, environmental protection
AbstractLaw of Ukraine “On the Nature Reserve Fund of Ukraine” implies the need to designate the boundaries of nature-protected areas on the land. Several laws dictate state agencies to provide funding for the establishment of the boundaries of all protected areas. Nevertheless, our research has shown that setting boundaries areas of nature-ptotected areas on the ground does not guarantee the preservation and integrity of their borders. In preparation of ducuments, which establish protected areas, employees of Environmental Ministry of Ukraine usually do not include documentation of land management and use to the document list. Therefore, when creating protected areas, areas are not defined in the State Land Cadastre. Boundaries of nature-protected areas are often established only after the allocation of funds for indication of the location on the ground, after the establishment of the protected areas, but not at the stage of their creation.As it turned out, delineation of protected areas on the land also does not lead to their inclusion in the State Land Cadastre. Thus, the practice has been the creation of protected areas without the development of land management and use plans, which then leads to a lack of reflection on the state statistical reporting of quantifying the lands, territories of nature-protected areas. This is a direct threat to nature-protected areas, meaning a risk of approved construction plans on the areas, etc.As of 01/01/2014, the defined boundaries on the land, where approved only for 906.4 thousand hectares of nature-protected areas (26 % of the total network of nature-protected areas), among them, those of national importance – 666,5 thousand hectares (13 %) and local – 239,9 thousand hectares (7 %). Documents certifying the right land use granted to 492,5 thousand hectares of nature-protected areas (14 % of the total area of protected areas), among them objects of national importance contribute with 456,1 thousand hectares (13 %) and local – 36,4 thousand ha (1 %). This is a prerequisite to illegal seizure of nature-protected lands. The facts, mentioned above, were discovered in the Crimea and in 18 regions of Ukraine, in 2013.In addition, the prevailing practice is to create nature-protected areas without changing the land use practice, that means they remain in their primary land use status (mainly – forest areas, agricultural areas, water objects). Change of land use, while creatingnature-protected areas, does not happen automatically. Taking as an example Kyiv region, we may see that in any case of creation of nature-protected areas there was no decision to change the land use practice of the land. Chapter 7 of the State Land Cadastre of Ukraine a separate category of land use is – “the land of nature-protected areas and other conservation practices”. However, in most regions of Ukraine nature-protected land category is not tracked by State Land Agency at all.Solution for protected areas that will be created in the future, may be the introduction of legislative provisions that clearly specify what constitutes a project of creation of nature-protected areas (requires amendements to the Law of Ukraine “On Nature Reserve Fund of Ukraine”) and provide mechanisms for financing the development of land use management projects of protected-areas during their creation, not after the final stage of delimitation of boundries in the field.
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