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Prospects for legal regulation of land consolidation in Ukraine

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Sakharuk Anatolii
Sakharuk Anatolii
Lawyer
Ukraine / Kyiv

i

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Publication date: 09.06.2024

Prospects for legal regulation of land consolidation in Ukraine

 

Introduction

 

Land consolidation is an important tool for increasing the efficiency of land use, reducing land fragmentation and creating favorable conditions for the development of the agricultural sector. In Ukraine, the issue of land consolidation is becoming particularly relevant in the context of the opening of the agricultural land market. In this article, we will analyze the legal aspects of land consolidation, current problems and prospects for the development of legal regulation in this area.

 

The concept and purpose of land consolidation

 

Consolidation of land plots is the process of combining several land plots into one or dividing land plots with due regard for the optimal use of land resources. The main objectives of consolidation include:

  • Increasing the efficiency of agricultural production.
  • Reduced land cultivation costs.
  • Improving infrastructure in rural areas.
  • Conservation and restoration of natural resources.

 

Legal framework

 

Currently, the consolidation of land plots in Ukraine is regulated by the following legal acts:

  •  
  • Land Code of Ukraine - defines the general principles of land use and protection, including consolidation issues.
  •  
  • The Law of Ukraine "On Land Management" - regulates the procedure for the development and approval of land management documentation, which is the basis for the consolidation of land plots.
  •  
  • The Law of Ukraine "On the State Land Cadastre" defines the procedure for registering land plots and rights to them, which is important for the implementation of consolidation projects.

 

Procedure for consolidation of land plots

 

Initiating consolidation:

  • Consolidation can be initiated by state authorities, local governments, as well as owners or users of land plots.

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Preparation of a land management project:

  • Development of a land management project for the consolidation of land plots, including analysis of the existing state of land, determination of optimal options for their consolidation or division.

 

Project approval:

  • Approval of the land management project with all stakeholders, including land owners and users, as well as state and local authorities.

 

Project implementation:

  • Carrying out land management works to combine or divide land plots in accordance with the approved land management project.
  • Registration of changes in the State Land Cadastre and issuance of new state acts for the right to own or use land plots.

 

Problems and prospects of legal regulation

 

Problems:

  • Lack of a clear procedure for consolidation of land plots in the current legislation.
  • Insufficient funding for land management by the state and local budgets.
  • Difficulties in reconciling the interests of different owners and users of land plots.
  • Low level of public awareness of the benefits of land consolidation.

 

Prospects:

  • Improve the legal framework by adopting special regulations that would regulate the procedure for consolidating land plots.
  • Development and implementation of state programs to support land consolidation, including financing of land surveying.
  • Raising ditches
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