Abstract
One of the components of the national spatial information infrastructure database (National Geographic Information System) at the district level is the records database of land and buildings. It is a state register that contains databases related to space and procedures and techniques for collecting, updating, processing and sharing information. A legal system regulating the procedures for keeping, updating and making available subject and object information included in the cadastres database is determined by the proper functioning of the land and buildings register (as part of the geodetic resource). The basis of department work in the field of keeping land and buildings records are primarily provisions of the Codex of Administrative Procedure of the Geodetic and Cartographic Law and regulations in the register of land and buildings. On 1 June 2017, a new Codex of Administrative Procedure came into force. In this paper have been presented the most important changes in conducting of administrative procedures in the field of geodesy at the district level after the aforementioned legal amendment. This paper touched the topics related to, among others, issued principle of resolving doubts in favor of the party (Article 7a), silent settlement of the case (Article 122a), administrative simplified proceedings (Chapter 14), appeal proceedings (Chapter 10). There have been presented examples of the most frequently conducted cases in the field of land and buildings registration in district country with particular emphasis on changes introduced by the latest legal amendments in connection with detailed regulations. The author focused on the logical interpretation of legal changes in order to show the problems connected with their application in practice (from the point of view of the proceedings and local government administration).
Highlights
One of the components of the national spatial information infrastructure database (National Geographic Information System) at the district level is the records database of land and buildings
Data sets collected in databases constitute the basis of the national system of information about the area, which is a component of the spatial information infrastructure referred to in Article. 3 point 2 of the Act of March 4, 2010 on the infrastructure of spatial information [1]
The proper functioning of data and its continuous use forces the need for continuous updating
Summary
Spatial information refers to the location of the object field. The part of this data used by individuals and institutions, for example for investment purposes and ownership management. The information contained in the land and building register is updated by means of material and technical activity on the basis of legal regulations, entries in land and mortgage registers, final court decisions, and in cases related to the European Certificate of Succession court rulings, final administrative decisions, notarial deeds, certificates of inheritance and European declarations of inheritance, building declarations, entries in other public registers, the application of the interested registration entity and the geodetic documentation indicated in the application, adopted to the state geodetic and cartographic resource, if the change requested includes information collected in the land and building register for real estate in the exclusive jurisdiction of the applicant or applicants, by way of an administrative decision - in other cases (Article 24) [1]. The amendment to the Administrative Procedure Code introduced the following modifications: inactivity of organs or excessive length of proceedings can be challenged in a transparent procedure by means of a reminder (Fig. 2), a request for a retrial is optional - without using it you can make a complaint to the administrative court, the party may request a second instance authority to issue a decision deciding the case instead of the socalled a cassation decision, that is, forwarding the case to be reconsidered, a cassation decision may be appealed to the administrative court in a special accelerated procedure, the decision can become final before thanks to the waiver of appeal, the framework was introduced procedure of tacit deal with the party's request and simplified procedure, which would reduce formalism in simple cases
Sign-in/Register to view highlights & summary Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
