Блог

DOI: https://doi.org/10.33994/kndise.2020.65.51

M. Tretiak

It is proposed to develop principles for formulation taking into account that the recommended list of issues in forensic land-technical or land appraisal, specified in scientific and methodological recommendations is not exhaustive.

The normative basis for the implementation of the investigated land technical examination is the entire sphere of land legislation, primarily the Land Code of Ukraine, state and industry standards, norms and rules in the field of land relations, land use and protection. In this regard, the difficulty of comparing the actual land management process in the course of the examination with certain legislative and regulatory acts is due to the lack of most standards in the field of land management, land Cadastre and land protection.

The concept of “evidence” in the field of forensic land technical expertise is a legal construction that accumulates the main characteristics and requirements inherent in evidence as a system of interrelated elements (land management process documents, cadastral information, borders, area, cost).

Key words: land-technical expertise, standards, norms, rules, land management, determination of damages, losses.

DOI: https://doi.org/10.33994/kndise.2020.65.50

V. Savchak

Losses of agricultural production and damage are very similar. Separately, they are both calculated when land plots are removed (or redeemed) or restrictions on land rights are established, as well as when the quality of soil cover deteriorates.

The fundamental difference between the calculating of the losses of agricultural production and the calculating of damage is the entity, who receives the appropriate funds. In the first case, the owners and users (including tenants) of the land get the money. In the second case, the executive branch or local self-government gets the money.

The losses of agricultural production come up as a result of legitimate actions or wrongful acts and arise on the basis the next:

– an act of the competent authority about removing land plots (redeeming) or court decision about compulsory seizure of the land plots;

– an act of the competent authority about allotment of land plot for the construction, placement and operation of oil and gas production facilities, arrangement of fields and subsoil use for the purpose of the industrial development of amber and other minerals of national importance, and/or the extracting of amber and other minerals of national importance;

– a law, legal act, a contract or a court decision, which establish one of the types of restrictions on land rights;

– the fact when the quality of the soil cover deteriorates, etc.

Key words: forensic examination on land management issues; plot of land; loss of agricultural production; land acquisition; loss calculation.

DOI: https://doi.org/10.33994/kndise.2020.65.49

S. Kurochkin

The article examines the methodical approach to determining the right to use apartments, according to different space-planning solutions, in particular, in the conditions of the apartments that are designed and built for one family living. As well as in the conditions of the old buildings, which do not comply with current regulatory documents and rules.

When determining the right (order) of use, the expert should research all the factors that influence and provide a more objective research, as well as ensuring a level of comfort no lower than the requirements of building rules.

In the course of the research, the expert should work out and determine all possible options for the right to use the apartment and suggest at least two technically feasible and convenient options.

If it is impossible to offer more than one option for using the premises of the apartment, such a decision should be justified.

In the author’s opinion, at the moment there is relevance for formalizing and tightening requirements for determining use rights, including for the apartments that are designed (built) for one family, as well as the old buildings that do not meet the requirements of existing building rules. Methodical approaches should be developed to detail the possibility of determining the right to use an apartment.

Based on the results of the research, the author observes that it is impossible to determine the right to use the apartment, which leads to a change in its purpose, in particular from the apartment, which is designed for one family to a communal apartment.

This is possible only if technically possible, for such a type of apartments, for each of the co-owners (taking into account their special needs), when the square and space-planning solution of the investigated apartment allowing to organize the minimum necessary premises. It should be done in accordance with the requirements of the building rules for this apartment, namely, residential and auxiliaries (kitchens, bathrooms, a pantry or a built-in wardrobe).

Key words: right of use, space-planning solution of an apartment, forensic expertise (research), actual shares of co-owners.

DOI: https://doi.org/10.33994/kndise.2020.65.48

O. Komandyrov, O. Levchenko, R. Kosarevska

The article deals with the issues of technical and legal description and certification of cultural heritage sites of Ukraine, harmonization of the regulatory framework for establishing parameterized indicators of the registration card and passport of the cultural heritage site – these issues increase its relevance every year. Differentiation of responsibility for the preservation of cultural heritage between the branches of state institutions leads to the loss and decline of the restoration school and archaeological research.

The proposed approach of an expert combination of factors establishing the ownership of real estate to be recognized as objects of cultural heritage will allow, at the judicial level, to require the maintenance of these objects in proper technical condition from the owners of such real estate, to turn it into state property for the people of Ukraine. At the same time, digitalization, scanning, and the creation of digital twins of such objects will allow to qualitatively capture the historical links in the development of such objects and to study technological evolution using indirect examples.

Key words: BIM; HBIM; registration card; passport facility; cultural heritage; restoration; reconstruction; register; showplace.

DOI: https://doi.org/10.33994/kndise.2020.65.47

I. Herasymenko, S. Maksymov

The article analyzes the current state of the regulatory framework governing the valuation of cultural monuments, in particular, the Monetary Valuation of Monuments approved by the Cabinet of Ministers of Ukraine dated September 26, 2002 No. 1447. The classification of conservation categories by a monument (national and local significance) and types of monuments (archeology, history, monumental art, architecture and urban planning, landscape gardening art, historical landscape, science and technology) is given.

The main problem in determining the value of monuments is to take into account not only the material factors of the monuments and its degree of wear, but also the consideration of its intangible factors, such as its historical, social, artistic value, the presence of objects of decorative art. That is, the cost of buildings-monuments of cultural heritage is formed:

– due to the cost of the material “carrier” (land with improvements in the form of buildings, structures, small forms, etc.);

– due to the value of the contribution of the intangible asset to the carrier. The article also describes the main problems that arise when assessing such objects (the presence of a monument’s status, the lack of an information base on market transactions, high operating costs, the need for restoration work, and high investment risks).

The factors raising and lowering the value of a cultural heritage monument are characterized.

Based on the analysis of the current regulatory framework, it was decided to develop practical recommendations for determining the value of real estate – monuments of architecture and urban planning, in particular built-in premises.

Key words: forensic examination, valuation of architectural monuments, methodology for the monetary valuation of monuments, the value of the monument, cost approach, income approach, comparative approach.

DOI: https://doi.org/10.33994/kndise.2020.65.46

R. Pasko

The concepts of most efficient use (MEU) of real estate objects and functional wear and tear are closely interrelated and cannot be considered separately. The application of the MEU principle allows the expert to account for this type of wear and, vice versa, without the wear and tear, the expert cannot properly apply the MEU principle in all approaches.

In the article, special attention is paid to the scheme of interaction of MEU analysis with valuation approaches through the elimination of wear and the connection of the latter with the concepts of reconstruction, modernization and repair of the object of assessment. The performance (characteristics) of buildings and structures, which are the main objects of functional wear, are considered. The place of functional wear in the structure of the accumulated wear of the objects of evaluation is shown. Ways of simplification of calculation, the situations in which it is recommended to take into account wear are considered.

Key words: real estate, performance, valuation, most efficient use, wear and tear.