Events

11 August, 21:21
Three UAA Bills Passed in Their First Readings

 

On December 08, 2015, the Verkhovna Rada of Ukraine passed in principle bills in their first readings developed involving the Ukrainian Agrarian Association: 2027а on Amendments to Certain Legislative Acts of Ukraine (as to the Single Legal Fate of a Land Plot and Property Located on It); 2028а on Amendments to Certain Legislative Acts of Ukraine as to Addressing Certain Issues Regarding the Legal Status of Farm Enterprise Lands, the authors being People’s Deputies O. Bakumenko, О. Kulinich, V. Ivchenko, M. Kucher, V. Lunchenko, S. Martyniak, S. Labaziuk, O. Mushak, D. Storozhuk; 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 being People’s Deputies 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 above specified bill are currently being prepared for the second reading and, hopefully, will be considered by the Parliament in a short run without delay.


May we remind you that the main provisions of the bills stipulate the following:

2027а

  1. Regulating the transfer of ownership (use) to land in the event of change of owner of the property located on this land;
  2. Considering stable trends of accepted practice which contributes to elimination of conflicts and unification of procedures related to the improvement of procedure of transfer of land leasehold and other legal rights of use in case of acquisition of right to dwelling house, building or installation on it;
  3. Ensuring legal certainty in immovable property relations;
  4. Reducing burden on courts since termination of lease and other legal relations of land use will be carried on an out-of-court basis under the procedure established by law.

2028а

  1. Giving the right to formation of farming enterprises to all citizens of Ukraine, regardless of relevant education and background;
  2. Formalizing in legislation the status of lands of farming enterprises as lands for commercial agriculture;
  3. Selling land plots of state or communal property or the right thereon for farming exclusively at land auctions;
  4. Establishing mechanism for re-registration of land lease rights granted to individuals and used for farming to a farming enterprise as a business entity;
  5. Clarification of terminology regarding the property of farming enterprises.

3006

  1. Giving the right to territorial community to obtaining immovable property into communal ownership being a part of escheated 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 escheated 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 escheat, 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 escheat;
  5. In addition to the local self-government body, giving the right to filing petition to court on recognition of heritage as escheat 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 escheated heritage to communal ownership);
  6. Releasing local self-government bodies from paying the court fee when submitting petitions for recognition of heritage as escheat.

In general, the Bill allows solving many problems that still occurred in land relations in the event of death of the land plot owner and no heirs, and will contribute to increasing resource and financial base of local self-government bodies by over a billion hryvnias each year. This will contribute to preventing illegal use of land falling under the definition of escheat by land users.

 

 

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