THE LEGAL MECHANISM OF INTERACTION OF THE LAND CADASTRE WITH OTHER REGISTERS UNDER THE LEGISLATION OF UKRAINE AND POLAND

Abstract

The article carries out a professional comparative legal analysis of the legislation of Ukraine and Poland in the sphere of regulation of mechanisms of interaction of the land cadastre with other registers. For the completeness and comprehensive presentation of the study, attention was primarily focused on the directions of development of the land cadastre, the legislation regulating the functioning of the land cadastre and other registers was analyzed. The article reveals the peculiarities of cadastre management in the system of land legal relations of both states, highlights the differences in the basic approaches of modern cadastre in Ukraine and Poland, and emphasizes the trends in the convergence of cadastre systems – by introducing the concepts of spatial object and geospatial data, respectively. It has been studied that the cadastre system of Poland, unlike the cadastre system of Ukraine, is multifunctional and contains information about land plots and other real estate objects. At the same time, the land cadastre system in Ukraine is currently a full system of information on various types of natural resources (land, forest, water) and contains information on various restrictions (environmental protection, cultural, etc.). At the same time, the functioning of the state land cadastre and other registers in Ukraine is carried out through the mutual exchange of information between the registers. It has been found that legal disputes in Ukraine related to the cancellation of objects in the relevant registers have their own peculiarities, which consist in the impossibility of applying the norms of procedural legislation regarding the reversal of the execution of a court decision. Practical problems have been noted at the stage of execution of decisions, for example, in the case of approval of a court decision in absentia, the status of which is special because it is adopted without the participation of one of the parties to the dispute, given the lack of relevant changes in the procedural legislation regarding the category of cases. It has been established that the complexity of the land cadastre in Ukraine and the real estate cadastre in Poland is due to the need for the formation of appropriate measurement standards while preserving the legal and geometric relations between the subject and the object of law. Summing up, the main trends in the development of cadastres of Ukraine and Poland are outlined, it is proved that the land cadastre as an information accounting system at the current stage is moving to a different stage of functioning, which is closely related to the development of digital technologies, and determines the perspective and relevance of the researched topic.