The Committee on Agrarian and Land Policy recommends that the Verkhovna Rada of Ukraine adopt a draft law on the peculiarities of the regulation of land relations in martial law. This was reported by the official web portal of the Parliament of Ukraine.
The draft law, prepared for the second reading, proposes:
– to lease state-owned lands of state and communal property for the placement of production facilities of enterprises that have been relocated (evacuated) from the combat zone, with strict restrictions on lease conditions. At the same time, the enterprises to which plots will be provided in case of relocation (evacuation) of production facilities from the combat zone will be determined by a joint decision of the regional military administration from which the relocation facilities are relocated );
– establish a rule according to which land plots of communal property are transferred for permanent use to the executive bodies of village, settlement, city councils for placement of objects for temporary stay of internally displaced persons;
– in the conditions of temporary suspension of the State Register of Real Property Rights and the State Land Cadastre to provide village, settlement, city councils with the opportunity to lease agricultural land, without state registration of communal property rights such land;
– establish that the establishment and change of purpose of land, as well as the lease of land to accommodate production facilities of enterprises relocated (evacuated) from the war zone, construction (expansion) of river ports (terminals), multimodal terminals and industrial reloading complexes, will be carried out without associated costs and approved urban planning documentation on the basis of a reasoned opinion of the authorized body of urban planning and architecture. It is prohibited to use for such purposes protected areas, lands of nature reserves and other nature protection purposes, historical and cultural purposes, water fund lands, except for the location of river ports (terminals), as well as violate restrictions on land use, including construction );
– in the period when the functioning of the State Land Cadastre is suspended, to establish special rules for registration of changes in the purpose of land plots by district military administrations;
– in case of impossibility to provide extracts from technical documentation on normative monetary valuation of a separate land plot to authorize the Ministry of Agrarian Policy and Food to approve average indicators of normative monetary valuation of land per unit area to be used in cases of mandatory normative monetary valuation of land, provided by Article 13 of the Law of Ukraine “On Land Valuation”;
– to give the Cabinet of Ministers of Ukraine the right to impose restrictions on the powers of state cadastral registrars and other features of maintaining the State Land Cadastre in wartime;
– to grant the State Geocadastre of Ukraine the right to suspend and resume the functioning of the State Land Cadastre for security reasons;
– Give the State Geocadastre of Ukraine the right to suspend and resume the functioning of the State Land Cadastre for security reasons;
– for prompt solution of tasks of operation and maintenance of technical infrastructure in wartime minds and elimination of negative consequences of hostilities of gas transmission system operator, gas distribution system operator, distribution system operator, transmission system operator, centralized water supply and sewerage enterprises , heat generating, heat transport, heat supply organizations, electronic communications operators to grant the right of unimpeded and free access to land plots of all forms of ownership, where the facilities of such operators, enterprises, organizations, as well as within the protection (special) zones of such facilities . The conditions for carrying out capital and other planned works, as well as the elimination of the accident or the threat of its occurrence (emergency situations) are greatly simplified;
– to create legal preconditions for providing citizens and business entities in wartime with services for compiling land management documentation, topographic, geodetic and cartographic works, property valuation, expert monetary valuation of land plots that are critical for the functioning of land property relations. During martial law, special permits for topographic and geodetic surveys are issued by the Security Service of Ukraine.