1. ДЕЯКІ ПРАВОВІ ПИТАННЯ ОСВОЄННЯ ПІДЗЕМНОГО ПРОСТОРУ ДЛЯ МІСТОБУДІВНИХ ПОТРЕБ
- Author
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Н. О., Роман
- Subjects
UNDERGROUND areas ,REAL property ,URBAN planning ,UNDERGROUND construction ,PROPERTY rights - Abstract
The article is devoted to certain legal aspects of the development of underground space for urban planning needs in Ukraine Peculiarities of legal regulation of the process of development of underground space in domestic legislation both in general and for urban planning needs in particular are considered. The features of the concepts «underground space», «land», «land» in legislation and scientific doctrine are analyzed. Proposals for improving the legal regulation of social relations related to the creation and use of underground spatial objects for urban planning needs have been formulated. The problematic issues of creation and legalization of the latter are considered. The history of approaches to the emergence and registration of the ownership of underground objects related to land plots, the world experience of the use and operation of 3D cadastres, the legal and technical features of the introduction and use of such information are highlighted. The need to create a 3D cadastre system in Ukraine is emphasized, the current state of the State Land Cadastre and the State Register of Real Property Rights is analyzed, aspects of development in recent years in the direction of digitization and the use of geospatial data are explored, and further prospects for the introduction of 3D cadastre in our country are outlined. Individual examples of registration of ownership of underground objects in European countries, in particular the countries of Northern Europe, are considered. Using the example of the legislation and judicial practice of the Kingdom of the Netherlands, it is demonstrated how it is necessary to solve the problem of registering the ownership of underground components of objects that go beyond the land plots on which the above-ground parts of buildings are located, and relevant proposals are made to change the current domestic legislation. The concept of creation of the National System of Real Estate Registers and Cadastres, developed by the Cabinet of Ministers of Ukraine, was considered, and indepth unification and synchronization of data on land plots as spatial objects and underground buildings in the relevant electronic state registers was proposed. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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