Recently, the regional departments of the State Geocadaster have increasingly sought to increase the rental rate for state-owned land by force. Is that lawful? No. The relevant requirements are illegal and not subject to mandatory enforcement.

In accordance with the requirements of paragraph 288.5.1 of the Tax Code of Ukraine, the rent for land plots is set out in the lease, but the annual amount of the payment may not be less than the amount of land tax established for the corresponding category of land in the respective territory.

In accordance with Article 30 of the Law of Ukraine "On Land Lease", the modification of the terms of the lease agreement is made by mutual agreement of the parties. In case of failure to reach agreement on changing the terms of the lease agreement, the dispute shall be resolved in court.

At the same time, please note that land for commercial buildings and courtyards of former Collective farms can still be in collective ownership. At present, there are numerous cases of recognition of ownership of land plot under commercial buildings and yards.

Tuesday, 19 June 2018

 

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