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29 March 2024

News

21.03.2017

Draft laws on land consolidation should be embodied, - UCAB

VRU agrarian commete

During the round table ‘Consolidation of land plots located on agricultural areas’ the Committee of Verkhovna Rada on Agrarian Policy and Land Relations considered two bills No.6049 and No.6049-1 registered on 7 and 23 February respectively. The specified documents are intended to regulate consolidation of plots within the agricultural areas for ease of their use and cultivation.

The common to both bills is a provision stipulating transfer of unclaimed land shares ownership of which will be executed before January 1, 2020 to communal ownership of the local communities.

The draft law No.6049 envisages permit to exchange the land plots between their owners within the area. It will be also possible to exchange own land plot on the land plot of state or communal property. In order to avoid unequal exchanges and hidden land purchase, the bill foresees a provision pursuant to which the land plots to be exchanged shall be equal, i.e. their normative estimated money value shall not differ by more than 10%.

The draft law No.6049-1 contains more comprehensive approach to consolidation of the land plots. In particular, it stipulates introduction to the State Land Cadaster of data regarding agricultural areas and land plots located on them. In addition, a person entitled to use substantial part of the agricultural area (over 75% of territory) has a preferential right to conclude lease agreements for land plots located in this area. Unlike the previous draft law, this document envisages opportunity to exchange not the ownership but the right to use land of agricultural purposes within the area without consent of the lessor. To conclude sublease agreement with a person owing the right to use a substantial part of the land plot is obligatory for lessees, on the condition that they are granted with the right to use another land plot within this area.

The bill No.6049-1 envisages formation of agricultural land plots under field roads and their subsequent lease to the land users in proportion to the plots they cultivate. The irrigation is fostered by vesting the right to owner or user of the land plots where the hydraulic engineering reclamation is conducted to claim indemnification for expenses related to hydraulic engineering reclamation of the adjacent land plots.

‘Since both of these bills complement each other, it is expedient to combine them into one consolidated law as far as there is currently an urgent necessity to settle social relations envisaged in these documents’, - said Roman Hrab, Expert in Land Law of the Association ‘Ukrainian Agribusiness Club’.




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