General provisions

Land management examination is a study based on knowledge in the field of land management and cadastre, which consists in establishing the conformity or inconsistency of the actual use of land, land management documentation, land valuation documentation, regulatory and technical requirements, in order to provide an opinion on are or will be the subject of a trial or criminal investigation.

At the same time, the Kyiv Scientific Research Institute of Forensic Expertise is the developer of research work No. IV.3.2-2018/2 “Development of guidelines for calculating the amount of damage caused to landowners and land users, and losses of agricultural and forestry production in the performance of forensic examinations on land management” (state number registration of the topic: 0118 U 000988). According to the results of writing this work, the concepts, subject, objects and other features of the examination of land management will be expanded.

The subject of examination on land management includes the actual land use of land in the area; boundaries of land plots in accordance with title documents, land management documentation, and the State Land Cadastre; method of land use; the procedure and methodology for calculating the normative monetary valuation of lands of settlements; procedure and methodology
for calculating the normative monetary valuation of land plots..

Objects of examination on land management are:

  • ground section;
  • land management documentation;
  • documents confirming the rights to land;
  • documents confirming the right to land improvements, including their division between co-owners;
  • land books created in relation to land plots;
  • extracts from the State Land Cadastre;

Tasks solved by the examination on land management

The objectives of the examination on land management are:

  • determination of compliance of the developed land management documentation and its approval with the requirements of land legislation and other normative documents on land management and land use;
  • determining the compliance of changes in the purpose of land and its approval to the requirements of land legislation and other regulations on land management and land use;
  • determination of compliance of the actual land use with the title documents, land management documentation for land plots and normative legal acts;
  • determination of compliance of the performed normative monetary valuation of lands with the requirements of normative legal acts.

Issues to be resolved during forensic examinations on land management issues

  • Do the developed land management documentation for the land plot and its approval meet the requirements of land legislation and other normative documents on land management and land use? If not, what are the discrepancies?
  • Has the purpose of the land plot been changed and approved in accordance with the requirements of land legislation and other normative documents on land management and land use? If not, what are the discrepancies?
  • Does the actual land use comply with the title documents, land management documentation for land plots, and regulations?
  • Does the performed normative monetary valuation of lands meet the requirements of normative legal acts?

The above list of questions is not exhaustive.

Features of forensic examinations on land management

In order to resolve the issues of land management expertise, the expert must provide originals or certified high-quality copies of the relevant legal documentation and documentation on land management or land valuation for land plots.