Events

24 August, 21:44
On October 6, the Committee on Agrarian Policy and Land Relations of the Verkhovna Rada of Ukraine Promoted Bill 3006 on Amendments to the Land Code of Ukraine and Other Legislative Acts as to the Legal Fate of Land the Owners of Which Have Passed Away

On October 6, the Committee on Agrarian Policy and Land Relations of the Verkhovna Rada of Ukraine Promoted Bill 3006 on Amendments to the Land Code of Ukraine and Other Legislative Acts as to the Legal Fate of Land the Owners of Which Have Passed Away. The authors of the Bill were the People’s Deputies of Ukraine, namely O. Kulinich, T. Kutovyi, O. Mushak, O. Bakumenko, V. Ivchenko, M. Kucher, V. Lunchenko, V. Kryvenko, I. Miroshnichenko, S. Labaziuk, O. Opanasenko, L. Kozachenko. The Ukrainian Agrarian Association was also among its developers. The provisions of the Bill bring forward the following:

  1. Giving the right to territorial community to obtaining immovable property into municipal ownership being a part of ownerless heritage at location of such property;
  2. Establishing the procedure of information interaction between the State Register of Civil Status of Citizens, the Hereditary Registry, the State Register of Rights to Real Property, the State Land Cadastre as to identifying the real property to be recognized as ownerless heritage and informing local self-government bodies;
  3. Laying down a rule that in case of landowner’s death prior to termination of lease agreement, the agreement shall be considered extended to the date of state registration of ownership of the heir to the land or the entry into force of the court decision on recognition of the heritage as ownerless, as well as stopping the notice period of owner by lessee about the use of priority rights to extension of lease;
  4. Establishing mandatory disclosure of information in the Internet about law cases commenced by petitions on recognition of heritage as ownerless;
  5. In addition to the local self-government body, giving the right to filing petition to court on recognition of heritage as ownerless to the creditor of the deceased. If the heritage includes an agricultural land plot – also giving the right to the owner, the user of the adjacent land plot (preserving provisions regarding the transfer of property as part of ownerless heritage to municipal ownership);
  6. Releasing local self-government bodies from paying a court fee when submitting petitions for recognition of heritage as ownerless.

In essence, the Bill allows tackling a lot of problems that have been occurring so far in land relations in the event of death of the land plot owner with no heirs. Besides, it will contribute to increasing resource and financial base of local self-government bodies by over a billion hryvnias each year. This will encourage preventing illegal use of land by land users falling under the definition of ownerless.

 

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