Publication date: 12.02.2024
Hello! My name is Kyrylo Tomakh, I am a practicing lawyer and co-founder of the law firm DKVA Legal Group. For over 3 years, I have been helping clients protect their rights, find solutions to complex legal situations, and successfully resolve disputes both pre-trial and in court.
Registration of the right of ownership of the land share is an important procedure for citizens and organizations that wish to have a legally defined status of land plot owners. Ukrainian legislation provides for clear procedures and requirements for registering the ownership of a land share, which should be followed in order to obtain the appropriate certificate and establish the legal status of the owner.
1. 1. Regulatory base:
1.1. Land Code of Ukraine:
• Defines the general principles of registration of land rights and the legal status of land shares.
• Establishes requirements for acquisition, use and registration of land shares.
1.2. The Law of Ukraine "On State Registration of Property Rights to Immovable Property and Their Encumbrances":
• Establishes the procedure for registration ownership right to a land share and other real estate.
• Regulates the requirements for submitting documents for registration.
1.3. Normative acts regulating land relations:
• Additional laws, regulations and regulatory documents that establish specific requirements and procedures for the registration of land shares in certain situations or regions.
1.4. Practice of judicial application:
• Given the ambiguity of some legal norms, judicial practice may establish additional interpretations and rules registration of land plots shares.
2. Conditions for obtaining ownership of a share:
2.1. Definition of categories of persons who can receive a land share:
• Peasants who run a personal farm and meet the criteria established by law.
• Members of rural communities who received the right to a share through the voluntary association of land for joint farming.
2.2. Requirements for the applicant regarding compliance with the legislation and the status of the land user:
• Absence of legal obstacles to obtaining a land share.
• Compliance with the requirements for farming or participation in the rural community.
2.3. Preparation of necessary documents:
• Certificate of the right to a land share or other documents confirming the right to a land share.
• Application for registration of the ownership of the land share.
• Copies of documents confirming the identity and status of the applicant.
2.4. Fulfillment of the requirements for the use of the land share:
• A land share can be obtained and registered only if the applicant meets the requirements for the use of land for agricultural purposes or other activities provided for by law.
3. The procedure for registering ownership:
3.1. Collection of necessary documents for submitting an application for registration:
• Certificate of the right to a land share or other documents confirming the right to a land share.
• Documents confirming the identity and status of the applicant (passport, identification code, etc.).
• Application for registration of the ownership of the land share in the established format.
3.2. Submission of application and documents to the state registration body:
• The application together with the documents is submitted to the relevant state registration body, usually these are territorial offices of the State Geocadaster.
3.3. Conducting registration procedures:
• After submitting the application and documents, their compliance with the established requirements is checked.
• After a positive check, the state registration body carries out registration actions and issues a certificate of ownership of the land share.
3.4. Obtaining a certificate of ownership of a land share:
• After completing the registration procedures, the applicant receives a certificate of ownership of the land share, which confirms his legal status as the owner.
