On July 10, 2018 Members of Parliament of Ukraine considered and passed in the first reading a bill aimed at preventing raiding (illegal seizures) in the agricultural sector. The bill is authored by 32 MPs (O.I. Kulinich, O.B. Bakumenko, O.V. Lyashko, and others). Experts of the Ukrainian Agrarian Association were also involved in drafting of the bill.

 

In recent years, raiding of land and property of agricultural enterprises has grown to a level threatening to the country's economy. In order to prevent and respond to such phenomena in August 2017, by the decision of the Government, operational headquarters were established in the regions together with regional state administrations, local divisions of the Ministry of Internal Affairs, StateGeoCadastre, Ministry of Justice, agricultural associations to prevent illegal seizures of harvest and land from farmers. Such headquarters worked during the harvesting campaign - until November 15, 2017, and in April 2018 - resumed their work.

Therefore, the bill proposes to introduce a number of anti-raiding measures and to establish effective safeguards for the protection of property rights of land owners and users in order to prevent illegal takeover and seizure of enterprises in the agricultural sector of the economy.

It’s worth noting that among the main provisions of the draft Law are:

  • providing state cadastral registrars with online access to information contained in the State Register of Real Property Rights, and state registrars with the rights of online access to all information contained in the State Land Cadastre;
  • state registrars of rights are obliged to check not only the information in the State Register of Real Property Rights, but also the presence of relevant information in the State Land Cadastre. During the registration of rights, the state registrar is also obliged to check whether the person applying for registration has the right to take such actions, as well as to check the availability of information about real property in other state registers;
  • renewal of the lease of the land plot for the same term and under the same conditions is carried out automatically, if the lease agreement has the clause for its automatic renewal and the leased land plot does not belong to the state or communal property - information on automatic renewal of transactions must be entered to the State Register of Real Property Rights during the state registration of such right;
  • the state registrar of rights is obliged to leave without consideration the application for registration of the real property right, if the cadastral number of the land plot is absent in the State Land Cadastre.

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