On April 13, at the initiative of the USAID Program on Agrarian and Rural Development (AGRO), a webinar “Land Relations in Martial Law” was held, during which representatives of the Ministry of Agrarian Policy and Food of Ukraine, the Committee on Agrarian and Land Policy of the Verkhovna Rada of Ukraine, the State Geocadastre, USAID AGRO experts spoke about the regulation of land relations in Ukraine under martial law, new legislation (Law № 2145-IX) and held a master class on registration books. This was reported by the Ministry of Agrarian Policy.
In his welcoming speech, First Deputy Minister of Agrarian Policy and Food of Ukraine Taras Vysotsky stressed that a prerequisite for Ukraine’s quick victory is the opportunity to grow agricultural products on all agricultural lands, pointing out important strategic goals. “First of all, it is to ensure food security, to avoid any risk of hunger. In recent years, Ukraine has made a huge contribution to global food security by exporting various types of agricultural products – crops, livestock, horticulture, processed foods, which in turn provided the opportunity to feed up to 400 million people a year. Therefore, even in conditions of war, it is important for us to support international partners. Therefore, it is important to ensure the maximum use of every piece of land where there is no active hostilities, “he stressed.
In view of the above, there is an urgent need to adopt the Law 2145-IX “On Amendments to Certain Legislative Acts of Ukraine Concerning the Creation of Conditions for Ensuring Food Security in the Conditions of Martial Law”. Since the war in Ukraine, almost all electronic state registers have been suspended – so it was extremely important to ensure sustainable work in agriculture under martial law: in compliance with the law, but without any unnecessary bureaucratic procedures.
Experts have named five main novelties of this Law.
1. Automatic contract renewal
All agreements on the transfer for use of agricultural land, which expired after the imposition of martial law in Ukraine on February 24, 2022, are considered renewed for 1 year without the will of the parties to such agreements and entering information on renewal of the agreement in the State Register of Real Rights .
2. Instead of state registration of rights – state registration of contracts.
As the functioning of the State Register of Real Rights is limited under martial law, instead of state registration of rights, state registration of land use agreements has been introduced. State registration of such agreements is carried out by district military administrations in the Book of state registration of land tenure and land use under martial law. Lease rights and other land rights arise from the moment of state registration of the relevant agreements.
3. Lands leased to agricultural producers under this Law
For the period of martial law, the executive authorities and local governments may lease for food production: agricultural land plots for commercial agricultural production of state and communal property, land plots remaining in collective ownership and unallocated and unclaimed land shares (shares).
4. Granting permanent land users and emphyteutists the right to lease state-owned and communally-owned agricultural lands belonging to them on these rights
Persons who own agricultural land plots of state and communal ownership on the right of permanent use, except for state and communal enterprises, institutions and organizations, as well as on the right of emphyteusis, may lease such land plots for up to one year for food production. products.
5.Granting tenants and subleases of agricultural land the right to transfer their lease and sublease rights to other agricultural producers
Persons who own agricultural land plots of all forms of ownership on the right of lease or sublease may transfer such rights to other persons for a period of 1 year without the consent of the owners of such plots on the basis of a contract on the transfer of land use.
A webinar entry is available at: https://bit.ly/USAID_webinar .
You can download the explanations of Law №2145-IX and standard contracts by following the link: https://bit.ly/3LR4Xqo.