President adopted and signed the Draft Law No. 6049-d "On Amendments to Certain Legislative Acts of Ukraine Regarding the Issue of Collective Ownership of Land, Improving the Land Use Rules in Agricultural Land Massifs, Preventing Raidering and Stimulating Irrigation in Ukraine".
The law contains a number of fundamental changes in the field of land relations and the settlement of issues beyond the legal framework of more than twenty years. Below you can find a brief description of the innovations that we expect from January 1, 2019.
Collective property land. From January 1, 2019, the land of collective agricultural enterprises suspended as a legal entity (except for land that is privately owned as of January 1, 2019) is considered to be the property of the territorial communities in whose territory they are located. Land under buildings, buildings owned, subject to a free transfer to their owners.
Project field roads and protective forest bands. The land under the project field roads (except for the boundary array of land roads) will become communal property and may be leased to owners and / or users of land plots adjacent to the land under such field roads. Land trading is not required at this time, and such land can be used both for passage and cultivation of agricultural products. The term of lease of such land plots will be 7 years.
Unallocated and unclaimed land plots. Unallocated land is a land plot, which, according to the land management project, for organizing the territory of land shares entered the area of land subject to distribution, but according to the protocol on the distribution of land plots was not allocated to the owner of the land share. Unclaimed is the land share for which no document certifying the right to it has not been received or the land share, the right to which has been certified in accordance with the legislation but which has not been allocated in kind (in the locality). Unallocated land, unclaimed shares after their formation into land (assignment of a cadastral number) by the decision of the respective village, settlement, city council may be leased for use by the intended purpose for the term up to the date of state registration of ownership of such a land plot .
Preferential right to conclude lease agreements in one array of land. A person who owns the right to use an essential part of an array of agricultural lands (not less than 75 percent of all land in the array), has the right to lease other agricultural land located in such an array, and in case other land plots are leased, - for obtaining they are sub-leased, subject to the transfer to use of another land plot located in the same array for the same term and under the same conditions, if, as a result of the mussel, the non-use of such land arrays interfering in the rational use of land that are used by that person.
Solving the problem of "chess" on the field. Owners and tenants of agricultural land located in an array of agricultural land, for the duration of the lease agreement, can exchange their rights to use land plots through the mutual conclusion of lease agreements and sublease of the respective plots. The conclusion of a sublease contract in this case does not require the consent of the lessor, while the tenant remains responsible to the lessor for the execution of the lease agreement.
Inventory of land massifs. The law provides for the possibility of inventory of agricultural land massifs. At the moment, such inventory is foreseen only for lands of state and communal ownership. As a result of the inventory will occur: introduction of information about land plots that are formed but not included in the SLC; formation of land plots (assignment of a cadastral number); formation of massifs of lands; formation of land plots under project field roads and field-protective forest bands; formation of unclaimed (unallocated) land plots.
Approval of technical documentation on normative monetary valuation of land. The law provides for an exclusive list of grounds for which a local government has the right to refuse to approve technical documentation on normative monetary valuation of land. The grounds for refusal to approve the technical documentation may be only its non-compliance with the requirements of laws and regulations adopted in accordance with the law or the location of land or land on the territory of another territorial community.
Ownership of farmland and personal farm. Enterprises will be able to own (on the right of ownership or use) land plots which are intended for the management of a personal farm, a farm, which are located in an array of agricultural land also for the purpose of conducting commercial agricultural production without changing their intended purpose.
Limitation of the duration of the emphyteusis and superficies. The term of use of the land plot of state, communal and private property on the basis of the agreement of emphyteusis or superficies can not exceed 50 years. Currently, for private land, such a period is not limited and may be 100 years or more.Monday, 20 August 2018