Legal Basis Of State Control In Agricultural Land Reclamation

This article describes the role of state control in the field of land reclamation and importance of its legal provision, government functions in implementing control, forms of state control in the field of land reclamation, implementation legal expertise procedure in land reclamation, content and essence of land reclamation cadaster, as well as theoretical and practical analysis of legal basis for its maintenance, proposals for improving the legislation in this area.


INTRODUCTION
One of the most important tasks of public administration in the field of agricultural land reclamation is the implementation of state control. State control in the field of land reclamation is carried out in two forms: state control over the implementation of land reclamation measures and state control over rational and effective use of reclaimed lands.
State control in the field of land reclamation includes monitoring of state bodies' activities in the field of land reclamation, improvement of land reclamation and compliance by land users with land reclamation requirements, as well as identification of causes and conditions of violation of land reclamation legislation and established requirements, taking into account also activities to eliminate or prevent these causes or conditions.
Experts acknowledge that the lack of systematic control is one of the main reasons for the deterioration of land reclamation and collector-drainage networks. [1] Problems and shortcomings in land reclamation in practice are still remaining directly related to organizational control issues.
The main task of state control over land use and protection is to ensure compliance with the requirements of land legislation by individuals, legal entities, public administration bodies and local public authorities. Indeed, control in the field of land reclamation also involves control whether the measures taken in accordance with established requirements meet the real order of land reclamation or not.
Forms of state control, such as land reclamation monitoring, expertise, maintenance of land reclamation cadaster have been widely used in improvement of reclamation of agricultural lands. The most important of these is monitoring in the field of land reclamation.
As to some scholars approach, land reclamation monitoring is linked to the observation of the environment in general. For example, according to V.V.Petrov, "Monitoring can be considered in a broader sense, that is, from the perspective of national development, not only as state environment monitoring but also as inspection over rule of law in this sphere and implementation of conservation measures" [5]. Meanwhile, J.T. Kholmuminov states that "monitoring includes not only observance over changes in environmental processes, pollution of natural objects and its consequences as impact on the environment, but also analysis of the received data and Therefore, monitoring of land reclamation includes specially organized systematic observations, identification, assessment and forecasting of changes in this sphere.
Regular analysis of the results of land reclamation monitoring and appropriate conclusions on the identified shortcomings, together with development of measures against them make up great practical and scientific importance. In this regard, today's problems and shortcomings in the organization of land reclamation should be noted. In particular, there are cases when there is no control and monitoring to ensure the validity of land reclamation activities.
Another important element of state control in the field of land reclamation is land reclamation expertise.
Feasibility studies, technical designs and development documents for construction and reconstruction of reclamation facilities and main collectors are subject to special expertise and examination at the Ministry of Construction.
Working (draft) projects for reconstruction and rehabilitation of all types of collectors and other reclamation facilities are examined by territorial examination departments of the Ministry of Construction and approved by the customer.
Working (draft) projects may be submitted to a specialized independent company (or expert) for additional expertise if necessary, the conclusion of which must be agreed with the Ministry of Construction.
Expertise in the field of land reclamation is designed to determine effectiveness and prospects of reclamation projects. State control in the field of land reclamation is carried out through the forms of state control analyzed above.
Another aspect of state control in this regard is state control over land reclamation in reclaimed land. Establishment of state control is related to monitoring over land users' observance of their rights and obligations in the field of land reclamation. However, legal order of separate state control over reclaimed lands in our country is not fully created.
Appropriate measures are being taken by the competent authorities to address the identified violations. Monitoring of rational and efficient use of agricultural lands revealed violations of land legislation e.g. in the country, a total of 1,941 hectares of land in 4596 cases were arbitrarily occupied by land users and citizens, of which 337 hectares (17%) were used inefficiently for building housing and other facilities [9].
The above mentioned analysis leads to conclusion that implementation of state control over agricultural land reclamation and improvement of legislation in this sphere serves for reduction of illegal activities in land usage.
Therefore, it is necessary to pay attention to the following: Inclusion of "Land Reclamation Cadaster" into the existing uniform system of state cadasters. Through this, general information on the reclamation status of agricultural lands (condition, reclaimed lands, reclamation constructions etc.) may be formed; creation of legal order of state control over reclaimed lands as an important component of land reclamation;