Sergey Tselovalnyk
The Kyiv City State Administration's Department of Urban Development and Architecture and the Kyiv General Plan Institute have established a scheme to sell certificates required for land ownership registration. Kyiv residents should receive these documents free of charge, according to KyivVlast, citing a request from Kyiv City Council member Ruslan Andriyko.
On March 4, 2015, the Kyiv City Council adopted a resolution introducing significant amendments to the "Procedure for the Transfer (Granting) of Land Plots for Use or Ownership from Communal Lands in Kyiv." Following this, the Kyiv City Council began talking about a "revolution" in land relations. They claimed that land plot registration in Kyiv would now be simple and straightforward, especially for Kyiv residents who have had household plots since Soviet times. However, due to bureaucracy and bribery, they were unable to properly register them earlier. One of the provisions of the new Kyiv City Council resolution required applicants to provide the City Council with a certificate from the Department of Urban Development and Architecture of the Kyiv City State Administration (KCSA) confirming the absence of archived documentation regarding the allocation of the relevant land plot to an individual prior to the entry into force of the Land Code of the Ukrainian SSR, or other documents confirming the absence of a land user and the property rights of other persons. In other words, applicants simply need to provide a document certifying that the land plot has no other owner.
According to the Kyiv City Council's decision, such a certificate should be issued free of charge. However, the Kyiv City State Administration's Department of Urban Development and Architecture, headed by the capital's Chief Architect, Serhiy Tselovalnyk, interpreted the Kyiv City Council's decision differently. The department began unreasonably referring applicants to the Kyiv General Plan Institute, a municipal organization headed by Serhiy Bronevytskyi, to obtain such a document.
At this institute, applicants were asked to fill out an application form and the scope of the work required to determine the status of the land plot was determined. Later, applicants were informed over the phone that to receive this "free" certificate, they would first need to pay for a service package. This package included: application review, determining the scope of work, selecting cartographic materials, identifying archival materials by the applicant, and more. The institute estimated this entire process at approximately 1700 hryvnias per certificate.
According to Deputy Andriyko, on July 22, his assistant met with Vladimir Magalyas, head of the topographic and geodetic works department at the General Planning Institute, to inquire about the basis for charging for free certificates and whether there was no easier way to determine the status of land plots. Magalyas responded that issuing such certificates could not be free and required the full range of work specified in the institute's estimates, and that there was, he said, no alternative way to obtain a certificate from the archive.
Andriyko regards the well-established system of receiving money by Kyiv's chief architect, Tselovalnik and Bronevitsky, as a "cynical disregard" for the Procedure for the Transfer (Provision) of Land Plots in Kyiv, recently approved by the Kyiv City Council.
The deputy contacted the Kyiv City State Administration's Department of Urban Development and Architecture to explain the basis for delegating the issuance of land certificates to the institute, and why, contrary to Kyiv City Council's March decision, residents of the capital are receiving the documents for a fee.
SKELET-info
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