Land becomes a commodity and the state does not intend to protect the rights of farmers. How to do it yourself?

Discussions surrounding the lifting of the moratorium on land sales are beginning to re-emerge and attract not only agricultural experts, but ordinary Ukrainians as well. And this is not surprising. After all, according to the draft Law "On Amendments to Certain Legislative Acts of Ukraine on the Circulation of Agricultural Lands", the land market will be officially opened from October 1, 2020.

Farmers have many fears about this. In particular - the closer the market, the more frequent are the cases of raiding. As wrote, raiding is spread throughout our country. However, the Prosecutor General's Office points out that in 2013-2019, there are five regions that confidently carry the "palm of primacy" in attempts at raider seizures - Kyiv, Lviv, Dnipropetrovsk, Kharkiv and Kherson regions. According to the Director of the Department of State Registration and Notary of the Ministry of Justice, Vladyslav Vlasyuk, the number of complaints received by the Anti-Raid Commission gradually decreased by 30% from the beginning of June to the end of August. But in September, raiding broke out with renewed vigor. According to the director of OK "Haydamaky" Sergiy Balichev, the biggest bursts of raiding activity are observed in the spring and autumn every year when agrarians sow and harvest. However, the farmer must be prepared to protect his business on a daily basis.

But now new risks have been added, including the loss of land. Opening a land market and the talk surrounding a new sale - land owned by villagers - can lead to massive termination of lease agreements at the initiative of unit owners. And every farmer must be ready for it. According to the land bill, the tenant has the pre-emptive right to purchase the land. How can a farmer exercise this right and prepare for the land market?

Accumulate cash. The more financial resources a farmer has, the more likely they are to acquire land.

Check that all the documentation for the leased land is correct. Recall: all land plots must be entered in a single State Register of Real Property Rights. Each plot must also have a cadastral number that identifies the land plot and protects it from further fraud.

Provide clarification to shareholders. A meeting with the villagers who rent out the land will allow them to convey the farmer's position and to express their further intentions to purchase their land. It is also worth explaining to landowners the benefits of land acquisition by Ukrainian agrarians over foreigners.

Carry out a check of the ownership of the land owners. These documents can be divided into 2 groups. The first is the State Act on the Private Ownership of Land (issued before January 1, 2013). Second: Certificate of ownership of real estate or an extract from the State Register of Real Estate Rights on the registration of ownership (issued after January 1, 2013).

Carry out a verification of the owners of the units for legal capacity. The notary has the right to perform notarial acts and buy and sell only with able-bodied individuals.

Ensure that there are no obstacles to the sale of land. Land owned by a villager may be under arrest or mortgaged. Such land cannot be sold.

Conduct an independent expert monetary valuation of 1 ha of land, guided by regulatory valuation. A landowner who cultivates land on the basis of a lease-sale agreement must be clear about its value.

The pre-emptive right to purchase land must be exercised as follows. As soon as the law comes into force, the landowner is obliged to contact the farmer in writing and announce the value of the parcel for which they are ready to sell it. In turn, the farmer has a month to think. If they are ready to buy for a specified price, a contract of sale is drawn up. If the price does not suit them, the unit owner has the right to offer their land to another market participant, but at the same price. If the price changes, according to the pre-emptive right, the farmer must again ask the farmer for a purchase.

According to Ruslan Dashitsky, head of the legal department of OK Haydamaky, the market is not ready for the land to become an object of sale. This should be done gradually, step by step, taking into account the experience of foreign neighbors. But, our agrarian must be ready for anything. If the land market still works in the near future, the most important thing is to be able to use its pre-emptive right, which is so widely spoken by the initiators of the draft law.


Press service of OK "Haydamaky"

Monday, 7 October 2019


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