Today, the Verkhovna Rada of Ukraine adopted in second reading the draft law №5248 on Amendments to Certain Legislative Acts of Ukraine (concerning the simultaneous transfer of land rights in connection with the transfer of rights to real estate located on it).
“This bill amends the Article 120 of the Land Code of Ukraine, which regulates the issue of a single legal share of land and real estate that exists on it," the UAC lawyer on land issues Viktoria Kyiprianova comments the situation.
"Nowadays, the norm of the current legislation is formulated in such a way that it does not allow the person who bought real estate object (residential house, agricultural buildings) to automatically register the right of ownership or lease for the land plot on which the building is located. That is, there is a norm, and there is no procedure for conclusion or termination of a contract. This bill provides for the automatic transfer of the right to a land plot under real estate, which is acquired to the ownership, and the obligation of local self-government or other public authority (it depends on the owner of a land plot) to enter into a lease or additional lease agreement,” the expert said.
According to Victoria Kipriyanova, the draft bill №5248 actually eliminates the corruption component in contracts conclusion, simplifies the procedure and protects agricultural producers from various requests from the prosecutor's office and lawsuits for unauthorized seizure of land.
"Today, there are cases when a land plot under real estate is not registered for a long time. On the other hand, the prosecutor's office files lawsuits against the arbitrary seizure of land plots. Criminal cases are built, etc. This bill protects farmers from such situations," the UAC lawyer concluded.Wednesday, 8 September 2021