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Land News from Ukraine

State Agency for Land Resources and Association "Land Union of Ukraine" are organizing a round table on new land legislation in order to present recent initiatives on land reform to agricultural businesses and seek feedback from large farming enterprises on some of their initiatives related to limiting the area of agricultural land that can be owned or leased.

USAID projects LINC and AgroInvest agreed to assist with this round table, as they do not favor any initiatives to limit land ownership or use, and are supporting the round table as an important venue for exchanging ideas and face-to-face interaction between the government and representatives of large agribusiness companies on new land legislation.

The round table will be held at the conference hall of Hotel Kyiv (26/1, Hrushevskogo Street) between 14:00 and 16:00 on March 22, 2011.

RBC-Ukraine | 03.03.2011   The right to lease the land may be a subject for a mortgage. Such a rule would be provided by new land legislation. This was stated by Minister of Agricultural Policy and Food N. Prisyajnyuk at a conference on the Day of Land Surveyor.The Minister said that the right to lease the land may be a subject for bank collateral for receiving loan. "Payment for rent will be much higher than now, and it certainly will increase the incomes of Ukrainian peasant, "- says N. Prisyajnyuk.In addition, as noted by Adviser of the President of Ukraine P. Gaydutsky, the right to lease the land under the new legislation should become a subject to sale. "Many tenants are sparking protests and misunderstanding, but we must understand that this is a necessary stipulation for land market. Otherwise, the lease right would not be given under the mortgage", - told P. Gaydutsky.Reminding, that the March 23, 2011 the Verkhovna Rada will consider land issues associated with land market and the abolition of the moratorium on sale of agricultural land.
For quite a long time there were talks about simplifying procedures for obtaining building permits in order to reduce the cost of housing and, finally, on the March 4, 2011, President of Ukraine Viktor Yanukovich signed the Law of Ukraine "About regulation of urban development ', dated 17 February 2011 to # 3038-VI. After reviewing the Act, it should be noted that the Government did not give false promises, when it stated on the simplification of the system in the construction industry and reducing the likelihood of officials to put obstacles in the way of bona fide buildors. This law not only simplified the procedure for obtaining permits and approvals, but also reduced the length of their extradition by establishing principles of acquiescence of almost all the rules of governing the period of approval or regulatory approvals. It should be noted that the positive in this Law is the enshrined in the provisions of article 17, that the general plans of settlements and changes in it reviewed and approved by the respective village, township and city councils at the regular sessions within three months from the date of their submission. That is now unnecessary to approve the general plan of the district council, regional council, etc. This innovation will allow rural and urban councils to expand the boundaries of settlements, will help increase land and housing development and as a result will lead to it’s cheapening.Law has defined the conductor in terms of coordination urban planning documents, and it is specially authorized body on urban planning and architecture, whereby an architectural and town-planning council is functioning, which was obliged to sent to the concerned authorities all the urban planning documents and obtain its approvals. This saves customers from having constantly deal with the bureaucratic machine, which should now work on its own - without the "lubrication" of the mechanism from outside. The norm of art. part 3 of article 20 of the law is revolutionary, which states that after the agreement referred in the provisions of this article of the project of urban planning documentation, such bodies and their officials are not involved in any way in conducting land auctions, not in the procedure for granting or sale of land plots or rights on it, development and coordination of land use planning documents, also do not provide the documents of the permissive character, except cases, when it allowed by the law. That is, if you have any properly prepared documentation, than there is no need in approvals. And it is totally correct- why do you have to do the same thing several times? Also the procedure for building homestead, cottage and garden plots became more transparent and simple. From now on buildings may be made on the basis of building passport development of the land plot. Providing of the building passport carried out by specially authorized body of urban planning and architecture, free of charge within ten working days of receipt of a declaration and a package of documents listed by the central executive authority on construction, urban development and architecture as well. After that the designing procedure proceeds, based on the building passport without obtaining urban terms and limitations (article 27 of the Law). You also need to receive the engineering specifications of the construction in accordance with the requirements of art. 30 of which are provided within 10 working days from the date of registration of the corresponding application. By ending of the design and its approval ( you may take a sample project which is unnecessary to agree), the customer sends notification of commencement of the construction work of the State Architectural and Construction Inspection or its territorial body (hereinafter - the inspection of state architectural-building control) at the location of the construction object. After carrying out these actions the customer has the right to begin construction. After completing all construction work there is need for a facility in exploitation. This matter has been settled by the art. 39 of the Law, which states that the acceptance in exploitation finished construction objects, construction of which is grounded on the building passport, carries out by registration of the corresponding inspection of state architectural-building control on a free of charge basis of the represented by the customer’s declaration of readiness for exploitation of an object. The date of acceptance into operation of the completed project is the date of registration of the declaration of readiness of the object to operate or issuance of the certificate. The registered declaration of readiness of the object to operate or the certificate is the basis for making contracts on supplies of the required resources to an object to put it into operation such as: water, gas, heat, electricity and inclusion of data on such an object in the state statistical reporting and registration of the ownership on it . No less important is the consolidation of the transitional provisions of the regulations, that laws and other legal acts, adopted before the entry into force of this Law, should be applied to the extent, that is not inconsistent with this Law. And I am sure that this regulation will be unprofitable to someone, because everyone will continue to try to read the same Land Code and will require the coordination of the draft land planning even in the presence of urban planning documents, approved by an appropriate manner. Summarizing the abovementioned, positive changes should be noted in the legislation that will resolve the issues of the land planning and construction sector (field). Let's hope that this Law of Ukraine "About regulation of urban development" will not encourage the fate of many other regulation acts, designed to "simplify" our life with you and to decentralize the power. Head of Legal Department of theAssociation "Land Union of Ukraine" Sergei Stasiuk
apk-inform | 01.03.2011   During 3-5 years Ukraine will fully ensure food self-sufficiency of its own production. Hereof, said Prime Minister Mykola Azarov during his working trip to the scientific institutions of the National Academy of Agricultural Sciences on March 1, as the press service of the Cabinet is telling. "The main thing that interests me: how to make individual achievement of individual asset groups the possession of the whole country? The task is very great and very serious. And everyone is absolutely clear and evident that within a year, no radical changes will be made, but a deliberate, systematic work for 3-5, possibly 7 years would solve a lot of very serious tasks. First of all, the provision of Ukraine with its own food products: grain, meat and milk and fruits ", - emphasized Mykola Azarov. According to him, it does not require huge funds, but requires the right organizational solutions, backed by a big, serious work. He added that the support and development of the domestic agricultural sector - a priority for the government.

The new version of the law "on the land market" for the privatization of agricultural land will be filed to the Verkhovna Rada of Ukraine. This was during a press conference, Deputy Chairman of the State Land Agency Nikolai Kalyuzhny.

"We need a civilized land market. And this applies not only to the introduction of the land market of agricultural lands, but also for other types of land. Therefore, the President and the Government made the right decision about land reform. That is why, we have prepared a new version of the law "On the Land Market", which clearly defines the procedure for tenders and auctions for the sale of the land "- he said.

N. Kalyuzhny stressed that "the fourth chapter of the draft law concerns the sale of agricultural land use. It is a painful topic that is discussed today in society. But we must understand that after the adoption of this law, we will not sell the land itself agricultural purposes, but the right to use this land, the right to lease it. And by the end of this month, this draft law will be fully ready ", - said N.Kalyuzhny.

In his words, as in the first half of 2011 Verkhovna Rada should adopt a law "On State Land Cadastre” in a context of preparation for the land reform.

"He is already fully prepared. And we will make it into parliament. We hope that it will be adopted within six months ... Similarly, laws on land consolidation will need to be adopted", "On the protection of soils” as well, in order to develop a new methodology for calculating the value of agricultural land use ", - he said.

According to him, when preparing the base of the draft law "On the land market", the European experience was taken into account, as well as public opinion in the regions of Ukraine.

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