Seven million Ukrainians can not fully manage their shares. According to the law, the owner of agricultural land can process it independently or lease. Since 2002, the country has a ban on the sale and purchase of agricultural land. It was planned that the measure was temporary - before the adoption of the law on the circulation of land, but in 16 years this did not happen. Will the shareholder, after lifting the moratorium on the sale of land, be able to sell his share regardless of whether the lease agreement expired?
At present, the current legislation does not prohibit the sale of land during the term of the lease of land (unless otherwise provided by the lease agreement itself). Consequently, the landlord will be able to sell his plot.
But please note that in accordance with Article 9 of the Law "On Land Leasing", "a tenant who, in accordance with the law, may own a leased land, has a preferential right to acquire ownership of it in case of sale of this land, provided that he pays the price at which it is sold, and in the case of sale at an auction - if his offer is equal to the offer, which is the largest bid proposed by the auctioneer.
The landlord is obliged to notify the lessee in writing of the intention to sell the land to a third party, with indication of its price and other conditions on which it is sold.
Of course, the main issue that now exists is the moratorium on what terms will be lifted. If only individual will have the right to buy land, then the preferential right of the lessee-legal entity will not work.
Monday, 30 July 2018