On May 22, 2018, the Verkhovna Rada adopted in the first reading a bill (reg. No. 6049-d) on solving the issue of collective land ownership, improving the rules of land use in arrays of agricultural land, preventing raiding and fostering irrigation in Ukraine. The bill is authored by 19 MPs of Ukraine (Kulinich O.I., Bakumenko O.B., and others). Experts of the Ukrainian Agrarian Association were also involved in drafting the bill.

The main provisions of the bill include:

1. Solution of problems of collective ownership of land by:

  • recognizing the land in collective ownership of those collective agricultural enterprises that have been liquidated as a communal property of territorial communities of villages, settlements, cities;
  • enabling the general meeting of members of collective agricultural enterprises, that have completed the partitioning of land, to redistribute (additionally distribute) the remainder of agricultural land and transfer non-agricultural land to communal ownership by 2020;
  • setting a deadline for the allocation in kind (on the territory) of unclaimed (undistributed) land plots;
  • giving local governments the right to temporarily dispose of lands in collective ownership by leasing them until the moment of the state registration of ownership of them;
  • giving local governments the right from 2020 to apply to the court for the transfer to the communal property of land plots of collective property through the procedure of recognizing the property as res nullius (with establishment of the right of owners of unclaimed (undistributed) land plots, who for valid reasons missed their term of allocation in kind (on the territory), to obtain a land plot from lands in communal property free of charge).

2. Determination of the procedure for inventory check of the array of lands of the State Land Cadastre, during which the following will be carried out:

  • correction of errors of the State Land Cadastre regarding land plots located within the array;
  • formation of land of "unclaimed land plots", land under field roads;
  • entry to the State Land Cadastre of information on the boundaries of the array of agricultural land.

4. Definition of the array of agricultural land as an object of the State Land Cadastre.

5. Requirement that the land under the project field roads is leased to a land user who uses land plots with a total area of 75% of the total area of the array. If there is no such land user, such land is leased to persons who use at least 25 percent of the array.

6. Establishment of obligatory nature of compensation of expenses for irrigation of the array of agricultural land to the land user who owns or uses (under lease, sublease, emphyteusis) not less than 75 percent of the area of land plots located in the array.

7. Granting individuals and legal entities the possibility to use the land under wood lines and other protective plantations under the right of lease, the right of which will be acquired without holding land auctions.

8. Giving the right to a land user who uses land plots with a total area of 75% of the total area of the array, to lease other land plots of the array, provided that another land plot located in the same array is sublet instead. In case of refusal, the lease agreement is concluded by court decision.

9. Determination of the procedure for establishing land easements for installing land amelioration systems.

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