International experience of legal ensuring the management of Land Cadastres in Ukraine

Abstract

The article describes the foreign experience of land cadastre management, which is a necessary element for the formation and improvement of the national cadastral accounting system, therefore it is useful for every country to use foreign experience. It has been established that in order to ensure the sustainable development of land relations in Ukraine, it is necessary to improve the current land cadastral system, but in the same way that foreign countries used, being at the same stage of development as Ukraine is now. It is well-founded that the state cadastre system plays an important role in the economy, law and management of the world’s leading countries, so their experience is important, especially since Ukraine does not have sufficient such experience. Moreover, the existing experience is even harmful, because it is built on the Soviet cost model of economic and regulatory assessment of land and technical inventory of buildings. It has been proven that until now, society does not understand the importance of cadastral registration of real estate in accordance with world traditions. The consequences of the state monopoly on land, buildings and structures of Ukraine’s Soviet past are traced in the exclusion of the term «real estate» from official use for many years. Until 1962, there was no cadastre, while the land cadastre of Great Britain has been operating since the middle of the 11th century, Sweden since the 16th century, and Prussia since the 18th century. The land cadastre in most countries of Western Europe serves as the basis for building and maintaining various types of cadastre and is based on land plots. Information systems have a significant effect in this. In most countries, objects of immovable property are firmly connected with the land. In order to solve the question, one should carefully study the original interpretation of the «single object of real estate», which is used in Spain and Great Britain. Apparently, in accordance with the principle of «a single real estate object», sooner or later Ukraine will also come to some certainty. Based on the analysis of world experience in this field, it was established that the registration of land rights occupies one of the main places in the compilation and maintenance of the state land cadastre. However, the domestic land registration system is not perfect and requires the development of adaptation measures to the conditions of the European Union (EU). Based on the legal analysis, it was concluded that the development of the national cadastre is practically in its initial state, which is why the experience of other countries is so important to us.