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The problem of the specification of peerness of land plots at the exchange aiming at land consolidation 以土地整理为目的的土地交易中地块标的物的规范问题
Pub Date : 2023-01-01 DOI: 10.31548/zemleustriy2023.01.04
M. Malashevskyi, A. Tarnopolskyi, O. Malashevska, Y. Tarnopolskyi
The article scrutinizes the problem of land plots exchange with the aim of the spatial land improvement. At the current stage, the problem of the removal of overlapping of agricultural lands in agricultural land masses, elaboration and improvement of land consolidation mechanisms; the implementation of compulsory complex land consolidation is under discussion; there are preconditions of the improvement of the technical substantiation of land plot alienation for public needs. In this context, the problem of the identification of the peerness of land plots is scrutinized, i.e. the recognition of land plots to be peer provided the difference of their values is less than 10%. The study aims at the improvement of approaches to the definition of the affordable difference of land plots values which can be considered peer at the exchange. The provisions of legislation have been analysed which precondition the peer land plots exchange and specify the affordable difference of values of such land plots. It has been revealed that due to the vague definition of the affordable difference of land plot value, there is the uncertainty of 1/110 (≈0,9%) to 13/220 (≈5,9%) of the value of land plot. The existence of such mistake is firstly the reason for the disputes of the equal land plots exchange in the court, secondly, it is a hurdle for the voluntary involvement of landowners to land exchange. The specification of the definition of the affordable difference of land plots values which can be considered to be equal has been suggested. The results gained can be used at the definition of land plots as the equal at exchange and sublease; at the implementation of complex land consolidation; at the alteration of legal acts on land consolidation; at the modeling of land reallotment based on the heuristic or optimizational approach.
本文以空间土地改良为目标,对土地地块交换问题进行了探讨。现阶段,解决农用地群中农用地重叠问题,细化和完善土地整理机制;正在讨论实施强制性复杂土地整理;改善公共用地转让的技术条件是前提条件。在这种情况下,对地块的对等性识别问题进行了仔细研究,即在其价值差异小于10%的情况下,将地块识别为对等。该研究旨在改进对可负担的地块价值差异的定义方法,这些地块价值可以在交换中被视为对等。分析了我国现行法律规定的对等地块交换的前提条件,明确了对等地块的可承受价值差异。研究发现,由于地块价值可负担差异的定义模糊,地块价值存在1/110(≈0.9%)~ 13/220(≈5.9%)的不确定性。这种错误的存在,一是造成衡平土地交换纠纷的原因,二是阻碍土地所有人自愿参与土地交换。提出了可以被认为是相等的地块价值可承受差异的定义规范。所得结果可用于土地交换与转租相等的地块定义;在实施复杂的土地整理;土地整理法律行为的变更;研究基于启发式或优化方法的土地分配模型。
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引用次数: 0
Factors of influence on the development of organic land use under the conditions of marital law 婚姻法条件下有机土地利用发展的影响因素
Pub Date : 2023-01-01 DOI: 10.31548/zemleustriy2023.02.08
O.Dorosh, PhD A.Dorosh
The importance of increasing the pace of production of organic products has been proven, since traditional technologies used in the production of agricultural products significantly disrupt the natural balance and cause significant environmental problems (disruption in ecosystem chains, environmental pollution, man-made pollution caused by military actions, deterioration of people's health). It was found that a number of highly developed countries that cooperate with Ukraine on various projects and programs are involved in this process. An in-depth study of the field of organic land use in Ukraine under the conditions of military operations made it possible to identify existing problems and assess their impact on the development of this segment of activity. A number of restraining factors affecting the development of organic land use have been identified, one of the determining factors being the creation of an appropriate institutional environment. The need for the development of land management projects regarding the organization of organic land use territory is substantiated. Incentives are presented as motivating factors for both consumers and producers of organic products (incentive payments to economic entities, introduction of free pricing for manufactured products, introduction of preferential taxation and preferential loans, obtaining the possibility of conducting certification in a remote format, etc.) despite the military situation in the country Potential factors for development and development of organic land use are also proposed. The given triad of factors can be implemented logically and sequentially and to a large extent simultaneously.
加快有机产品生产步伐的重要性已得到证明,因为用于农产品生产的传统技术严重破坏自然平衡并造成严重的环境问题(生态系统链的破坏、环境污染、军事行动造成的人为污染、人民健康状况的恶化)。据发现,许多与乌克兰在各种项目和计划上进行合作的高度发达国家都参与了这一进程。对乌克兰在军事行动条件下的有机土地利用领域进行了深入研究,从而有可能查明存在的问题并评估它们对这部分活动发展的影响。已经确定了影响有机土地利用发展的若干制约因素,其中一个决定性因素是创造适当的体制环境。开发有机土地利用区域组织的土地管理项目的必要性得到了证实。在国内军事形势下,激励措施作为有机产品消费者和生产者的激励因素(对经济实体的激励支付,对制成品实行自由定价,引入优惠税收和优惠贷款,获得远程认证的可能性等),并提出了有机土地利用发展和发展的潜在因素。给定的三个因素可以逻辑地、顺序地实现,并且在很大程度上是同时实现的。
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引用次数: 0
DEVELOPMENT OF PUBLIC MONITORING OF LAND RELATIONS IN UKRAINE 发展对乌克兰土地关系的公共监测
Pub Date : 2023-01-01 DOI: 10.31548/zemleustriy2023.03.01
L. Novakovskyi, I. Novakovska
The Constitution of Ukraine, recognizing the indispensability of land as a natural resource, rightfully acknowledges it as the country's primary national wealth, deserving special protection by the state. On May 12, 2023, the Cabinet of Ministers of Ukraine approved the Procedure for conducting public monitoring of land relations and land market monitoring. From 1993 to 2017, in accordance with existing legislation, land and soil monitoring have been carried out in Ukraine as components of environmental monitoring. It is practically considered that there is one main direction of land monitoring - land monitoring, although terms such as "land monitoring," "land monitoring," "monitoring of land resources," "soil monitoring," "land use monitoring," "agricultural land use monitoring," etc., are used in scientific literature. These monitoring activities had an ecological focus, serving to preserve one of the ecosystems - land resources - and mitigate environmental crises. However, these monitoring efforts were mainly unsystematic and scattered, which limited their application in addressing urgent socio-economic and environmental issues related to land use. The standard state of monitoring of this resource in 2017 shifted towards monitoring land relations and has now acquired the status of public monitoring of the land market starting from 2023, representing the quintessence of market-based land relations in the country. The essence of public monitoring is not only a political vestige but also the essence of market-based land relations that have developed in Ukraine. This highlights not only the environmental role of land monitoring but, above all, emphasizes its socio-economic significance in the functioning of market-based land relations. [1] The ordinary state of monitoring a specified resource in 2017 became monitoring of land relations, and starting from 2023, it acquired the status of public monitoring of the land market, representing the essence of market land relations in the country. The essence of public monitoring manifested not only as a political relic but also as the essence of market land relations that have developed in Ukraine. This emphasizes not only the environmental role of land monitoring but, above all, highlights its socio-economic significance in the functioning of market land relations.
乌克兰宪法承认土地是一种不可或缺的自然资源,理所当然地承认土地是国家的主要国家财富,理应受到国家的特别保护。2023年5月12日,乌克兰内阁批准了《土地关系公共监测和土地市场监测程序》。从1993年到2017年,根据现行立法,乌克兰将土地和土壤监测作为环境监测的组成部分进行。尽管科学文献中使用了“土地监测”、“土地监测”、“土地资源监测”、“土壤监测”、“土地利用监测”、“农业用地监测”等术语,但实际上认为土地监测只有一个主要方向——土地监测。这些监测活动以生态为重点,有助于保护生态系统之一- -土地资源- -并减轻环境危机。但是,这些监测工作主要是无系统和分散的,这限制了它们在处理与土地使用有关的紧急社会经济和环境问题方面的应用。2017年该资源监测的标准状态转向土地关系监测,目前已从2023年开始获得土地市场公共监测的地位,代表了全国土地关系市场化的精髓。公共监督的实质不仅是政治残余,而且是乌克兰发展起来的以市场为基础的土地关系的实质。这不仅突出了土地监测的环境作用,而且首先强调了它在以市场为基础的土地关系运作中的社会经济意义。[1]从2017年普通的特定资源监测变为土地关系监测,从2023年开始,获得了土地市场公共监测的地位,代表了国家土地关系市场化的本质。公共监督的本质不仅表现为政治遗留物,而且表现为乌克兰发展起来的市场土地关系的本质。这不仅强调了土地监测的环境作用,而且首先强调了它在市场土地关系运作中的社会经济意义。
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引用次数: 2
Trend analysis of production dynamics agricultural products 农产品生产动态趋势分析
Pub Date : 2023-01-01 DOI: 10.31548/zemleustriy2023.03.08
О. Kostyshyn, L. Dudych
The research is devoted to the trend analysis of the dynamics of production in agricultural sectors as a tool for forming an optimal program of their functioning in order to establish trends and forecast their further development, as well as to evaluate the method of trend analysis in relation to the scope of its application in the research of agricultural sectors. It is substantiated that the forecasting of economic indicators is possible along trend lines, if their parameters, in particular the approximation coefficient R2 and the correlation coefficient R ensure the necessary reliability of the forecast data. An assessment of the possibility and expediency of applying the technique of horizontal analysis - trend analysis and selection of a trend line was carried out. It was established that when studying the economic indicators of the Lviv region, such as the production of all agricultural products and plant products, the correlation coefficient provides such reliability (1 ≤ R ≥ 0.95), but for the livestock industry, it does not (R=0.56 ). When studying the economic indicators of the crop industry as a whole in Ukraine, such as the production of rapeseed (R=0.74), soybean (R=0.67) and wheat (R=0.48), it was established that the corresponding correlation coefficients do not provide the necessary reliability for forecasting trend lines for the economic forecast of the development of agricultural industries.
该研究致力于对农业部门的生产动态进行趋势分析,作为形成其功能的最佳计划的工具,以确定趋势和预测其进一步发展,并评估趋势分析方法在农业部门研究中的应用范围。证明了如果经济指标的参数,特别是逼近系数R2和相关系数R能够保证预测数据的必要可靠性,那么经济指标沿着趋势线进行预测是可能的。对应用水平分析技术——趋势分析和选择趋势线的可行性和方便性进行了评价。研究发现,在研究利沃夫地区所有农产品和植物产品的生产等经济指标时,相关系数具有这样的信度(1≤R≥0.95),但对于畜牧业,相关系数不具有这样的信度(R=0.56)。通过对乌克兰作物产业整体经济指标的研究,如油菜籽(R=0.74)、大豆(R=0.67)和小麦(R=0.48)的产量,确定了相应的相关系数不能为农业产业发展的经济预测提供预测趋势线所需的信度。
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引用次数: 0
Issues and challenges regarding the determination of the normative monetary valuation of land plots within the territory of the territorial communities 关于确定领土社区领土内地块的规范货币估值的问题和挑战
Pub Date : 2023-01-01 DOI: 10.31548/zemleustriy2023.03.06
Y. Dorosh, А. Tarnopolskyi, A. Dorosh, О. Dorosh
A detailed study and analysis of the methodology for the normative monetary valuation of land plots approved by the Resolution of the Cabinet of Ministers of Ukraine dated November 3, 2021 No. 1147 was carried out regarding the possibility of its application, and the identification of problems arising in the process of its implementation. The main aspects of the normative monetary valuation of land plots and its influence on the development of territorial communities in Ukraine are considered. The methodical, economic and regulatory problems of determining the normative monetary valuation of land plots according to the current methodology as an important economic tool for regulating land relations and economic stimulation of rational use and protection of land have been studied and analysed. Methodological and technical deficiencies were identified in the process of determining the normative monetary valuation of land plots of territorial communities and calculating the size of the normative monetary valuation of a separate land plot. It was established that although according to the Law of Ukraine "On Land Valuation" the normative monetary value is "capitalized rental income", the current method of its determination is not based on the income that can be obtained from the use of the land plot, but on fixed tabular norms, which are differentiated according to population of the administrative center of the community. Only for agricultural lands, the income from their use is taken into account according to the current methodology, however, they are taken into account through soil quality scores, which have not been updated since the 1980s. It was revealed that due to the fact that there is no indexation of the normative monetary valuation of agricultural land, the revenues of local budgets do not increase by at least UAH 0.6 billion every year on the scale of Ukraine.
对乌克兰内阁2021年11月3日第1147号决议批准的土地规范货币估值方法进行了详细的研究和分析,以确定其适用的可能性,并确定其实施过程中出现的问题。考虑了土地的规范性货币估值的主要方面及其对乌克兰领土社区发展的影响。已经研究和分析了按照现行方法确定地块的规范货币估价作为调节土地关系和促进合理使用和保护土地的经济刺激的重要经济工具的方法、经济和管理问题。在确定领土社区地块的规范货币估值和计算单独地块的规范货币估值大小的过程中,发现了方法和技术上的缺陷。本文认为,虽然根据乌克兰《土地估价法》,规范的货币价值是“资本化的租金收入”,但目前的确定方法并不是基于使用地块所能获得的收入,而是基于固定的表格规范,这些表格规范是根据社区行政中心的人口进行区分的。根据目前的方法,只有农业用地的使用收入被考虑在内,然而,它们是通过土壤质量分数来考虑的,而土壤质量分数自1980年代以来就没有更新过。据透露,由于没有对农业用地的规范货币估值进行指数化,在乌克兰的规模上,地方预算的收入每年至少没有增加6亿乌亚尔。
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引用次数: 0
The urgent issues of land conservation in Ukraine 乌克兰土地保护的紧迫问题
Pub Date : 2023-01-01 DOI: 10.31548/zemleustriy2023.02.04
O. Malashevska, М. Malashevskyi
The article addresses the issue of land conservation at war and post-war reconstruction. The complex understanding of land conservation issues at the current conditions is an important stage of their resolving in the future. The attention is paid to the examination of the issues of the degradation of land as the result of fighting within the scope of the general land degradation factors system. The research is aimed at the structural factor analysis which cause the disturbance, contamination and degradation of land and the determination of the rationalization trends of land use and conservation considering the fighting in Ukraine. The legislation on the disturbed, contaminated and degraded land from the perspective of their utilization has been analyzed. The key processes causing land contamination, reasons for land degradation, measures on land degradation prevention and reducing its consequences have been singled out. The results can be implemented at the planning of measures on land use and conservation at the current stage and post-war reconstruction, as well as in the future research.
这篇文章讨论了战争和战后重建中的土地保护问题。在当前条件下对土地保护问题的复杂认识是未来解决这些问题的重要阶段。重点是在一般土地退化因素系统范围内审查由于战斗而造成的土地退化问题。研究的目的是分析造成土地扰动、污染和退化的结构性因素,并考虑到乌克兰的战斗,确定土地利用和保护的合理化趋势。从土地利用的角度分析了受干扰、污染和退化土地的立法。指出了造成土地污染的主要过程、土地退化的原因、预防和减少土地退化后果的措施。研究结果可应用于现阶段和战后重建的土地利用和保护措施规划,也可应用于今后的研究。
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引用次数: 0
Preservation of soil resources which were destroyed as a result of military operations by means of land management 通过土地管理,保护因军事行动而被破坏的土壤资源
Pub Date : 2023-01-01 DOI: 10.31548/zemleustriy2023.03.02
O. Dorosh, Y. Dorosh, V. Fomenko
It is proved that soil protection has become a national environmental problem, so the contradictions between socio-economic needs of people and environmental safety requirements must be overcome. The existence of standards for the qualitative state of soils and their maximum permissible pollution in the legislative field indicates that they reflect only the chemical nature of anthropogenic loads, but there are no standards at all for such types of loads as physical, mechanical, reclamation and man-made, which is of particular importance in the context of military operations in Ukraine. It is substantiated that when assessing the level of damaged land and soil as a result of hostilities and determining the degree of suitability for their further use, it is necessary to take into account: the level of damage to the land plot as a percentage of its area; the degree of suitability; characteristics of contaminated land; proposals for further use of the land plot and measures to reduce the level of pollutants entering the soil. It is also proposed to implement measures to protect land and soil by means of land management through the development of appropriate land management documentation. Given the anthropogenic load on soils due to the impact of hostilities, the need to develop a working land management project for the reclamation of disturbed lands as a result of hostilities and a working land management project for the conservation of degraded, unproductive and technogenically polluted lands has been proved, which requires amendments to the Resolution of the Cabinet of Ministers of Ukraine of February 2, 2022, No. 86 "On Approval of the Rules for Developing Working Land Management Projects".
事实证明,土壤保护已成为一个全国性的环境问题,必须克服人们的社会经济需求与环境安全要求之间的矛盾。立法领域中关于土壤质量状况及其最大允许污染的标准表明,这些标准只反映人为负荷的化学性质,但对于诸如物理、机械、开垦和人为负荷等类型的负荷根本没有标准,这在乌克兰的军事行动方面特别重要。事实证明,在评估敌对行动造成的土地和土壤破坏程度和确定其进一步利用的适宜程度时,有必要考虑到:对地块的破坏程度占其面积的百分比;适宜程度:适宜程度;污染土地特征;进一步利用该地块的建议和减少进入土壤的污染物水平的措施。还建议通过编制适当的土地管理文件,通过土地管理来执行保护土地和土壤的措施。鉴于敌对行动对土壤造成的人为负荷,已经证明有必要制定一个耕地管理项目,以开垦因敌对行动而受到干扰的土地,并制定一个耕地管理项目,以保护退化、非生产性和技术污染的土地,这需要修订乌克兰内阁部长2022年2月2日的决议。第86号《关于批准建设耕地管理项目的规则》。
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引用次数: 0
To the issue of developing working land management projects to improve the condition of agricultural land and protect land from erosion in Ukraine 发展耕地管理项目以改善乌克兰农业用地状况和保护土地免受侵蚀的问题
Pub Date : 2023-01-01 DOI: 10.31548/zemleustriy2023.03.03
A. Koshel, I. Kolhanova, O. Kempa, A. Stacherzak
Scientific and methodical approaches to the development of working land management projects for improving the condition of agricultural land and protecting land from erosion are proposed. The main reasons for the emergence and active development of erosion processes are the irrational destruction of natural vegetation, the deterioration of the infiltration and water-absorbing capacity of soils and their anti-erosion resistance. Modern soil erosion is mainly related to human agricultural activities. But in the absence of protective measures, it also develops in the territories of settlements and industrial enterprises, road routes, etc. Therefore, a planned and effective war against erosion is an integral part of the entire system of anti-erosion organization of the territory, and should include such basic measures as: organizational and economic, agrotechnical, forest improvement, hydrotechnical, which must interact, be designed and implemented in harmony with each other. The obtained results can be used in the development of working land management projects and the implementation of comprehensive measures to improve the condition of the land and protect the soil from erosion.
提出了科学和有条理的方法来制定耕地管理项目,以改善农业用地状况和保护土地免受侵蚀。自然植被遭到不合理的破坏,土壤的入渗、吸水能力和抗侵蚀能力下降,是侵蚀过程产生并积极发展的主要原因。现代土壤侵蚀主要与人类农业活动有关。但是,在缺乏保护措施的情况下,它也在定居点和工业企业、道路路线等领域发展。因此,有计划和有效的水土流失防治是整个国土水土流失防治组织体系的组成部分,应包括组织和经济、农业技术、森林改良、水利等基本措施,这些措施必须相互作用,相互协调地设计和实施。所得结果可用于制定经营性土地管理项目和实施改善土地状况和保护土壤免受侵蚀的综合措施。
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引用次数: 0
Current state and prospects of land circulation in Ukraine 乌克兰土地流转的现状和前景
Pub Date : 2023-01-01 DOI: 10.31548/zemleustriy2023.01.06
M. Marynovych
The current state of agricultural land is considered destination in Ukraine after the official opening of land circulation and formed promising directions of its effective development. Generalization of factors influencing and developing land relations. The data of the State Service of Ukraine on geodesy, cartography and cadastre regarding the number of concluded deeds, as well as the area of land for which agreements were concluded by region were analyzed. The dynamics of changes in the average value of 1 ha of alienated land plots in the regions of Ukraine were monitored. The leading regions in terms of the number of alienated territories and the average cost of 1 hectare of land for commercial agricultural production were determined, and the main reasons for such variations were also clarified. Prospective ways have been formed improvement and development of market circulation of agricultural lands purposes that include: improving the integrity, accessibility and interoperability of data; optimization and improvement of assessment methods land as one of the most important steps of the State Property Fund of Ukraine; ensuring monitoring of the circulation of land plots and rights to them; magnification legal literacy and provision of legal support for citizens; adaptation and improvement of land legislation for the future functioning and development of land circulation during the period of martial law. After all, growth will depend on the efficiency of market circulation of land capacity of the population and territorial communities, as well as creation favorable conditions for the development of agrarian business in the countryside.
乌克兰土地流转正式开放后,农业用地的现状被视为目的地,并形成了其有效发展的良好方向。影响和发展土地关系的因素概述。分析了乌克兰国家服务局关于缔结契约数目的大地测量学、制图学和地籍的数据,以及按地区缔结协定的土地面积。监测了乌克兰各地区1公顷疏离土地的平均价值的动态变化。确定了被异化土地数量和1公顷商业农业生产土地平均成本的领先地区,并澄清了造成这种差异的主要原因。形成了完善和发展农用地市场流通的前瞻性途径,包括:提高数据的完整性、可及性和互操作性;土地评估方法的优化和改进是乌克兰国有财产基金的重要步骤之一;确保监测土地的流转及其权利;提高公民法律素养,为公民提供法律支持;戒严时期土地流转未来功能与发展的土地立法调整与完善。毕竟,增长将取决于人口和领土社区土地容量的市场流通效率,以及为农村农业经营的发展创造有利条件。
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引用次数: 0
Study of changes in land cover categories in Ukraine based on remote sensing data 基于遥感数据的乌克兰土地覆盖类别变化研究
Pub Date : 2023-01-01 DOI: 10.31548/zemleustriy2023.01.12
L. Ren
Land cover change has been a hot area of research on global ecological change and sustainable development due to its importance in global ecological change. Understanding land cover change trends is the basis for rational planning and management of land resources and is of important value for achieving land protection and sustainable development. Land transfer matrix has great value in the research of land cover change, its results are not disturbed by the land cover category and quantity, and the data can be analyzed in different time periods according to the demand. However, the land transfer matrix produced by traditional methods has the problems of long production period and certain requirements for hardware performance. In this paper uses Google Earth Engine to obtain the public land cover dataset of Ukraine and uses raster calculation to quickly construct the land transfer matrix. The matrix data show that the land cover change in Ukraine from 2000-2015 is modest, with a total change of 2.244%. The proportion of cropland decreased and the proportion of Urban and Built-up Lands increased. The results show that the methods can quickly and effectively obtain data on land cover change in the study area and provide assistance in analyzing trends and patterns of land cover change.
土地覆被变化在全球生态变化中的重要地位,使其成为全球生态变化和可持续发展研究的热点。了解土地覆被变化趋势是合理规划和管理土地资源的基础,对实现土地保护和可持续发展具有重要价值。土地转移矩阵在土地覆被变化研究中具有重要的价值,其结果不受土地覆被种类和数量的干扰,可以根据需要进行不同时间段的数据分析。但传统方法生成的土地流转矩阵存在制作周期长、对硬件性能有一定要求等问题。本文使用谷歌Earth Engine获取乌克兰公共土地覆盖数据集,并使用栅格计算快速构建土地流转矩阵。矩阵数据显示,2000-2015年乌克兰土地覆盖变化不大,总变化量为2.244%。耕地占比下降,城市建设用地占比上升。结果表明,该方法能够快速有效地获取研究区土地覆被变化数据,为分析研究区土地覆被变化趋势和格局提供辅助。
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引用次数: 0
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Zemleustrij Kadastr i Monitoring Zemel''
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