USAID Agricultural and Rural Development (AGRO) experts from the Ministry of Agrarian Policy and Food of Ukraine prepared answers to the most common questions about the Law No. 2145-IX on Land Relations during Martial Law. This was reported by the Ministry of Agrarian Policy.
Experts spoke about which lands are covered by this law.
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QUESTIONS AND ANSWERS
Is it possible to lease the formed land plot (there is a cadastral number, a certain area), which needs to change the purpose?
If the lease of a land plot requires a change of its purpose (purpose code), such land can be leased after the State Land Cadastre is reopened, as the change of purpose of the land plot must be recorded in the cadastre.
Is it possible to lease stock for agricultural production without changing the purpose?
From 2021, agricultural reserve lands will be assigned a separate purpose code. When transferring such a site for lease for commercial agricultural production, the site must be assigned a new purpose code. At the same time, when changing the purpose, you need to enter information in the State Land Cadastre, which is currently not working. Therefore, the transfer of the agricultural land plot, which is in reserve, will be possible after the restoration of the State Land Cadastre.
If the plot is formed (with cadastral number, area) as public land (pastures, hayfields). Is it possible to lease such a land plot for commercial commodity production (plowing)?
Land plots under public hayfields and public pastures have a separate purpose code – 18.00. To lease them for commercial agricultural production, you need to change the purpose code of the site. This will be possible only after the restoration of the State Land Cadastre, which displays information about the purpose of the land.
Is it allowed to form a land plot at the expense of the plot under farm buildings and yards for the transfer of such plot for lease for commercial agricultural production?
Law No.2145 does not prohibit the formation of land under the farmyard for lease for commercial agricultural production. But the problem is that such land plots have different purposes. In order to register a plot in the cadastre and enter information about the new purpose of the plot, you need to enter the relevant data in the State Land Cadastre (it is currently not working). Therefore, such a lease of land is not possible yet.
Is it possible to develop land management documentation to establish (restore) the boundaries of the land in kind (on the ground) to homesteads (for the construction and maintenance of housing), as well as to conduct state registration of such land? >
The transfer of homestead land plots to citizens requires the registration of such plots in the State Land Cadastre, and the rights to them – in the State Register of Real Rights. As the cadastre and register are currently out of order, the transfer of such land plots to ownership is not taking place. Law No. 2145 does not apply to the transfer of private land by public authorities to the ownership of citizens.
Can local governments lease agricultural land with a special purpose “for farming”?
According to the Classification, separate types of purpose of land plots are: code 01.01 – for commodity agricultural production; code 01.02 – for farming. Since in this case it is necessary to change the purpose, the transfer of such land for rent on the basis of Law No. 2145 is not carried out.
Is it possible to lease a state-owned land plot that is in constant use of a variety research station (CTLU – 01.09)?
Land plots of research institutions and land plots for commodity agricultural production have different purposes. A land plot cannot be leased on the basis of Law № 2145 if it is necessary to change its purpose.
How to change the composition of land (“pasture” to “arable land”) when transferring land for lease for commercial agricultural production?
The change of land “pasture” to “arable land” is carried out by developing land management projects that provide environmental and economic justification of crop rotation and land management. According to Art. 15 of the Law of Ukraine “On State Land Cadastre”, the composition of lands indicating the contours, coordinates of turning points must be entered into the Cadastre – this is part of the information about the land. Therefore, it is currently impossible to change the composition of the land plot – it will be available after the resumption of the State Land Cadastre, where it is necessary to make information about the relevant changes.
Can the local council provide a plot of land for gardening to a citizen in accordance with Art. 36 of the Land Code of Ukraine?
The local council will be able to do this only after the restoration of the State Land Cadastre and the State Register of Real Rights (currently they do not work) – not on the basis of Law No. 2145, but the Land Code of Ukraine.
How to legally transfer land within the settlements near the homestead (garden), if these lands are not used – they belong to the heirs, but there is no documentation?
If the deceased citizens (heirs) did not have formal rights to gardens (exercised actual land use), their heirs can not inherit them. Obviously, such plots of land should be considered vacant, owned by communities, and made available to others.
Is it possible to lease a part of the land area for which a cadastral number has not been issued?
When leasing part of the land area, it is necessary to form it into a land plot according to the rules provided by Law No, 2145, i,e, based on the development of land management documentation for land inventory.
Is it allowed to lease unclaimed (undistributed) shares?
Yes, it is possible. Such land plots are leased by the decision of the council of the respective territorial community.
Where can I get information about state-owned land for rent?
Prior to the resumption of the State Land Cadastre, such information can be obtained from the State Geocadastre or its territorial body. Village, town and city councils may also have such information.
How will the lease of land under water bodies be carried out?
Law No. 2145 does not regulate the lease of land under water bodies. Such transfer may be carried out on the basis of the Land Code of Ukraine, the Law on Aquaculture and other legislative acts, but only after the restoration of the State Land Cadastre and the State Register of Real Rights (currently they do not work), which can register the lease of water, and not a lease.
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The guide with the most frequently asked questions and answers about land relations during martial law (according to Law No.2145-IX) is available at the link.
You can download the explanatory materials of the Law No.2145, standard contracts are available at the link.