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Publication date: 20.05.2024
lawyer, 23 years of experience in enforcement.
The procedure for the privatization of agricultural land under martial law.
The current norms of the Land Code of Ukraine establish that during the period of martial law in Ukraine, the free transfer of state and communal lands into private ownership, the granting of permits for the development of land management documentation for the purpose of such free transfer, and the development of such documentation are prohibited. The provisions of this norm do not apply to the free transfer of land plots into private ownership to the owners of real estate objects (buildings, structures) located on such land plots, as well as to the free transfer into private ownership of land plots to citizens of Ukraine, transferred for use before the entry into force of the Land Code.
Article 3 of the Law "On the Privatization of State and Communal Property" establishes the general conditions of privatization, and Article 4 - the list of objects of privatization.
In order to obtain ownership of a land plot, it is necessary to submit a petition to the relevant executive authority or local self-government body, which transfers ownership of state or communal land plots.
With the adoption of the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Regarding the Improvement of the System of Management and Deregulation in the Field of Land Relations" dated April 28, 2021 No. 1423-IX, the so-called decentralization of land management took place, namely, the simplification of land management documentation and the reduction of the number of approvals and permits .
Article 121 of the Land Code of Ukraine stipulates that citizens of Ukraine have the right to free transfer of land plots from state or communal property in the following sizes: no more than 2.0 ha (for personal farming), no more than 0.12 ha (for horticulture), in villages no more than 0.25 ha, in towns no more than 0.15 ha, in cities no more than 0.10 ha (for the construction and maintenance of a residential building, farm buildings and structures (homestead), no more than 0 .10 ha (for individual summer cottage construction), no more than 0.01 ha (for individual garage construction).
In accordance with the changes made by the Law of Ukraine No. 1423-IX in part. 1-2 st. 118 of the Civil Code of Ukraine, if a person already uses a land plot of a territorial community and wants to privatize it, he does not need to apply to the executive authority or local self-government body with a request to grant permission to develop land management documentation.
The person must submit a petition, to which is attached the technical documentation on land management developed in accordance with the Law of Ukraine "On Land Management" regarding the establishment (restoration) of the boundaries of the land plot in kind (on the area), which under the new rules is ordered by the person without granting permission for its development.
The authorized body within one month from the date of receipt of the technical documentation from land management regarding the establishment (restoration) of the boundaries of the land plot in kind (on site) makes a decision on its approval and transfer of the land plot to ownership or a reasoned decision on refusal.
According to the provisions of Article 118 of the Civil Code of Ukraine, citizens who are employees of state and communal agricultural enterprises, institutions and organizations, as well as pensioners from among them, are interested in obtaining free ownership of land plots that are in permanent use by these enterprises, institutions and organizations , apply for the development of a land management project for the privatization of these lands to the relevant executive authority or local self-government body, which transfers land plots of state or communal property into ownership in accordance with the powers specified in Art. 122 of the Code and is carried out after the approval of the land management project on land privatization in accordance with the procedure established by the Civil Code of Ukraine.
If the land plot is not used by the applicant, then in accordance with the provisions of Part 6 of Art. 118 of the Civil Code of Ukraine, he must apply to the relevant executive authority or local self-government body, which transfers land plots of state or communal property into ownership in accordance with the powers specified in Art. 122 of the Civil Code of Ukraine with a petition.
The petition specifies the purpose of the land plot and its approximate dimensions, and the corresponding list of documents defined by the Land Code of Ukraine is attached.
Bodies that transfer land plots of state or communal property into ownership in accordance with the powers specified in Art. 122 of the Civil Code of Ukraine, it is prohibited to request additional materials and documents not provided for by current legislation.
Graphic materials can be produced independently (their form is not approved by any regulatory act), using the Public Cadastral Map, or contact the territorial body of the State Service for Geodesy, Cartography and Cadastre (State Geocadaster) and order graphic materials - a copy of a cadastral map or plan.
According to Part 7 of Art. 118 of the Civil Code of Ukraine, the body to which the petition is submitted considers it within a month and gives permission for the preparation of the land management project or a reasoned refusal in accordance with the provisions of Article 118 of the Civil Code of Ukraine
In accordance with Part 7 of Art. 118 of the Civil Code of Ukraine, the land management project regarding the allocation of land is developed at the request of citizens by business entities that are executors of land management works in accordance with the law, within the terms determined by the agreement of the parties.
The project is developed at the request of citizens by business entities that are developers of land management documentation in accordance with Art. 26 of Law No. 858-IV, which have the appropriate certificates, within the terms stipulated by the agreement of the parties.
Requirements for land management projects regarding the allocation of land plots are contained in Article 50 of Law No. 858-IV.
According to Part 9 of Art. 118 of the Civil Code of Ukraine, the relevant executive authority or local self-government body, which transfers land plots of state or communal property into ownership in accordance with the powers specified in Art. 122 of the Civil Code of Ukraine, within a two-week period from the date of receipt of the land management project regarding the allocation of the land plot, makes a decision on the approval of the land management project regarding the allocation of the land plot and its ownership.
According to part. 10-11 centuries 118 of the Civil Code of Ukraine, in case of refusal of the executive authority or local self-government body to transfer ownership of the land plot or leave the petition without consideration, the matter shall be resolved in court.
The final stage is the registration of the ownership right to the land plot, which is carried out by the executive bodies of village, settlement and city councils, Kyiv, Sevastopol city, district, district state administrations in the cities of Kyiv and Sevastopol, including through administrative service centers, notaries in accordance with norms of current legislation.
Legal service "Consultant" will select appropriate specialists who will form a legal analysis of the situation and help quickly and efficiently privatize the land plot. A lawyer or an attorney will provide legal services quickly and efficiently, and if it is not possible to meet the relevant specialist in person, they will provide legal services online, lawyer services online.
