People's deputies adopted 3 important land bills in 2021
In 2021, the Verkhovna Rada of Ukraine adopted three important land bills. This is discussed in the analytical material AgroPolit.com.
In particular, we are talking about the following bills:
- 1444-IX "Law of Ukraine on Amendments to Certain Legislative Acts on the Sale of Land Plots and Acquisition of the Right to Use them Through Electronic Auctions".
The law specifies that land auctions are conducted in a state-owned electronic trading system. The procedure for the functioning and administration of the electronic trading system is approved by the Cabinet of Ministers of Ukraine. It is also assumed that land auctions will be held through auctions in the unified electronic system "Prozorro" in real time via the Internet. According to the results of the auction, a contract of purchase and sale, lease, superficies, emphyteusis of the land plot will be concluded with the winner of the land auction, who offered the highest price for the land plot.
The law introduces a minimum guarantee fee for bidders. It is at least 30% of the starting price of a plot of land. And the auction is held in the presence of at least two potential buyers.
- 1720-IX "Law on Amendments to Certain Legislative Acts of Ukraine (regarding the simultaneous transfer of rights to a land plot in connection with the transfer of rights to an immovable property located on it)".
It is proposed to unify these rules for the transfer of property rights and all types of use of a land plot in the event of a transfer of ownership or the right to use a land plot (easement, superficies, emphyteusis (agricultural buildings), permanent use, etc.) in case of acquiring ownership of the located on such a land plot, real estate objects (residential building, building or structure) by amending Article 120 of the Land Code of Ukraine and Article 377 of the Civil Code of Ukraine.
At the same time, the law proposes to supplement Art. 120 of the Land Code of Ukraine, a new part of the fourteenth, in accordance with which it is determined that the subject of a transaction providing for the transfer of ownership of an immovable property (residential building (except for an apartment building), another building or structure or a separate share in the common ownership of such an object, an object unfinished construction), which is located on a land plot (except for state, communal property) owned by the alienator (previous owner) of the immovable property, there must also be such a land plot (or a separate share in the right of common ownership of it). An essential condition for such a transaction is the condition for the simultaneous transfer of ownership of such a land plot (a share in the right of common ownership of it) from the alienator to the acquirer of such an object of immovable property (a separate share in the right of ownership to it).
- 1175-ІХ "Law on Amendments to Certain Laws of Ukraine on Entering Information on the State Border of Ukraine into the State Land Cadastre".
The adoption of the act will make it possible to enter into the State Land Cadastre information about the state border of Ukraine on the basis of the approved documents of demarcation (redemarcation, delimitation) of the state border of Ukraine.
The authors of the project are convinced that at present there is an urgent need to enter into the State Land Cadastre precisely information about the state border of Ukraine on the basis of approved documents of demarcation (with the Republic of Poland and Romania), redemarcation (with the Slovak Republic and Hungary) and delimitation (with the Republic of Belarus, Republic of Moldova) and the Russian Federation).
The law proposes to amend Articles 12, 21, 32, 36 of the Law of Ukraine "On the State Land Cadastre" on determining the composition of the State Land Cadastre information on the state border of Ukraine, as well as the grounds and procedure for their entry into the State Land Cadastre.