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Publication date: 20.05.2024
lawyer, 23 years of experience in enforcement.
ЗаголовокThe organizational and legal principles of allocating land plots to owners of land shares (shares) in kind (on the locality) are determined by the Law of Ukraine "On the procedure for allocating land plots in kind (on the locality) to owners of land shares (shares)" dated 06.05.2003 No. 899-IV.
The list of persons who have the right to a land share (share) is contained in Art. 1 of Law No. 899-IV. The main document certifying the right to a land share (share) is a certificate for the right to a land share (share) issued by the district (city) state administration.
According to Art. 2 of Law No. 899-IV, other documents certifying the right to a land share (share) are also:
- a certificate of inheritance;
- contracts of sale, gift, lease, certified in accordance with the procedure established by law, to which a certificate of the right to a land share (share) is attached;
- court decision on recognition of the right to a land share (share).
For citizens of Ukraine evacuated from the zone of exclusion, resettled from the zone of unconditional (compulsory) or zone of guaranteed voluntary resettlement, as well as citizens of Ukraine who independently resettled from territories exposed to radioactive contamination, and who at the time of evacuation, resettlement or independent resettlement were members of collective or other agricultural enterprises, as well as pensioners from among them, who live in rural areas, the work book of a member of a collective or other agricultural enterprise (if available) or a notarized extract from it (if available) or information about labor can serve as an identification document activity from the register of insured persons of the State register of mandatory state social insurance.
The grounds for allocating land plots in kind to the owners of land shares are decisions of the relevant village, settlement, and city councils.
Owners of certificates for the right to a land share, in order to receive a land share in kind, submit a corresponding application for a share to the relevant village, settlement, city council. A copy of the land share certificate should be attached to the application.
Non-acceptance by the village, settlement, city council of a decision on the allocation of land plots in kind to the owners of land shares (shares) is contested according to the rules of civil proceedings. This legal position was expressed by the VP of the Supreme Court in the resolution dated 09.11.2021 in case No. 542/1403/17, which departed from the legal position of the VP of the Supreme Court expressed in the resolution dated 09.30.2020 in case No. 807/2306/16).
In accordance with the provisions of Art. 3 of Law No. 899-IV, a land share is allocated to its owner in kind, as a rule, by one land plot. At the request of the owner of the land share, he can be allocated in kind two plots of land with different composition of agricultural land (arable land, perennial plantations, hayfields or pastures).
When submitting applications for the allocation of land shares in kind by the majority of owners within one agricultural enterprise, the relevant village, settlement, city council makes a decision on the development of a land management project regarding the organization of the territory of land shares (shares). The specifics of allocating in kind land plots as a single massif into joint ownership of the owners of land shares are defined in Art. 4 of the said Law.
Therefore, the next step is to apply to the land management organization for the development of project documentation with land management and establishing the boundaries of the land plot.
According to Art. 7 of Law No. 899-IV in the land management project regarding the organization of the territory of land plots (shares) determines the location of land plots, their boundaries and the area of agricultural land to be distributed among the owners of land plots (shares), as well as land plots transferred to the communal property, their purpose, restrictions on their use.
In accordance with the provisions of Art. 6 of the specified Law, executive power bodies, local self-government bodies, state and other land management organizations are obliged to provide land management organizations, free of charge, in accordance with the procedure established by law, with geodetic and cartographic materials and documents necessary for the performance of these works.
According to Art. 7 of Law No. 899-IV, the land management project regarding the organization of the territory of land parcels (shares) is agreed by the relevant village, township, city council and approved at a meeting by the majority of owners of land parcels (shares) within the boundaries of land used by one agricultural enterprise, and is drawn up by the relevant protocol
The distribution of land plots within the boundaries of one agricultural enterprise between the owners of land shares who have submitted applications for the allocation of land shares belonging to them is carried out by the relevant village, settlement, city council according to the location of the land plots at the relevant meetings of the owners of land shares. The distribution of land plots between owners is formalized by the relevant protocol.
Article 10 of Law No. 899-IV stipulates that in order to ensure publicity regarding the allocation of land shares to the owners, the village, settlement, and city councils, within the limits of their powers, are obliged to:
- to ensure the placement in publicly accessible places of settlements where the owners of land shares (shares) live, announcements about the holding of meetings of owners of land shares (shares) on the issue of the distribution of land plots two weeks before their holding;
- publish a list of persons who have the right to receive a land share (share) in kind (on the site), by placing it in publicly accessible places 10 days before the start of the distribution of land plots.
The protocol on the distribution of land plots among the owners of land plots (shares) is approved by the relevant village, settlement, city council and is the basis for making a decision on the allocation of land plots (shares) in kind (on the spot) and state registration of ownership rights to land plots to the owners of land plots (shares).
After carrying out all the above-mentioned actions and receiving the relevant documents, it is necessary to apply to the state registrar to register the ownership of the land plot (share registration) based on the received decision of the local council, since the land plot is real estate.
It is worth paying attention to the deadlines for taking all the necessary actions for registration of ownership by the owners of certificates for land shares (shares), so that they do not fall into the category of unclaimed.
Unclaimed is a land share (share) for which a document certifying the right to it has not been received, or a land share (share), the right to which is certified in accordance with legislation, but which has not been allocated in kind (on the site).
If by January 1, 2025, the owner of an unclaimed land share (share) or his heir has not registered the ownership right to the land plot, he is considered to have refused to receive the land plot (Article 13 of Law No. 899-IV).
Such an unclaimed land share (share) after its formation into a land plot by the decision of the relevant village, settlement, city council (if formation is necessary) upon the application of the relevant council on the basis of a court decision, is transferred to the communal property of the territorial community on whose territory it is located, in the procedure for recognizing property as ownerless.
Specialists of the Legal Service "Consultant" will help verification to register or check the necessary documents for the Registration of a share.
