Publication date: 09.06.2024
Peculiarities of legal regulation of the land market in Ukraine after the opening of the agricultural land market
Introduction
After a longstanding moratorium on the sale of agricultural land in Ukraine, the land market was officially opened on July 1, 2021. This was an important milestone in the country's land reform, which has a significant impact on the economy and social structure of rural areas. The opening of the land market requires careful legal regulation to ensure transparency, protection of property rights and efficient use of land resources.
Key provisions of the new legislation
The Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on the Turnover of Agricultural Land" defines the basic principles and conditions for the functioning of the land market:
Land market participants:
- Citizens of Ukraine.
- Legal entities established and registered in accordance with the laws of Ukraine, the founders or ultimate beneficiaries of which are citizens of Ukraine.
- The state and territorial communities.
Restrictions on land acquisition:
- Foreign citizens and legal entities are not allowed to purchase agricultural land until the referendum is held.
- Legal entities will be able to purchase land only from 2024.
- The maximum area of land that can be owned by one person is limited to 100 hectares until 2024, after which the limit increases to 10,000 hectares.
Financial aspects:
- A mechanism of state support for agricultural producers, including preferential loans for land acquisition, has been introduced.
- The land market operates on the basis of market prices at which land plots are bought and sold.
Procedure and conditions for the sale and purchase of land plots
The procedure for buying and selling agricultural land includes several important stages:
Evaluation of a land plot:
- An independent appraisal of the value of a land plot is mandatory to determine the market price.
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Checking the legal status:
- It is important to check the legal status of the land plot, including any restrictions and encumbrances.
Conclusion of a purchase and sale agreement:
- The agreement must be notarized.
- The agreement must specify all the terms of the transaction, including the cost, rights and obligations of the parties.
Registration of property rights:
- After the agreement is concluded, the state registration of ownership of the new land plot is carried out.
Lease and other forms of land use
In addition to purchase and sale, the legislation also provides for the regulation of lease and other forms of land use:
Lease of land plots:
- Lease relations are governed by lease agreements that must be registered in the state register.
- Lease payments and terms of land use are determined by the agreement.
Sublease and other forms of use:
- The law allows sublease of land plots with the consent of the owner.
- Other forms of use, such as emphyteusis and superficies, are also provided for.
