BILL ON TERMINATION OF MORATORY ON LAND SALE IS ALREADY IN THE COUNCIL
On September 25, the Law No. 2178 was registered on the website of the Verkhovna Rada, which, from October 1, 2020, abolishes the ban on the alienation of agricultural land of all forms of ownership
As stated in the explanatory note, the draft Law was developed with the purpose of forming a legislative field for introducing market circulation of agricultural land, ensuring the constitutional rights of citizens of Ukraine to dispose of their property freely, creating transparent conditions for the acquisition of agricultural land by citizens by citizens.
The provisions of the draft Law determine the peculiarities of the legal regulation of the circulation of agricultural land on the basis of market mechanisms for the transfer of rights to them. So:
– to acquire ownership of agricultural land may:
a) citizens of Ukraine;
b) legal entities of Ukraine created under the legislation of Ukraine;
c) territorial communities;
d) the state.
Foreigners and stateless persons may acquire ownership of agricultural land in the manner inherited by law, but are obliged to alienate them within one year from the date of acquisition of ownership.
– set a minimum starting price for the sale of state and communal land plots at land auctions at a level not lower than the regulatory monetary valuation;
– limits are imposed on the aggregate area of agricultural land, which may be owned by a citizen and a legal entity, and persons associated with it. Restrictions do not allow the acquisition of more than 15% of agricultural land in the region and 0.5% of agricultural land in Ukraine;
– the pre-emptive right of the tenant to purchase the land is secured;
– the obligation of the state registrar to enter information on the price (value) of real rights, including rights of use, is envisaged in the Register of Real Rights;
– the right of citizens to purchase land for the maintenance of peasant (farmer) economy which they belong to the right of permanent use and the right of life inherited possession is guaranteed. It is possible to buy with installments of up to 5 years at a price equal to the normative monetary valuation of such land plots;
-The Law on Sanctions is supplemented by a new type of sanctions “prohibition of land ownership”. Such sanctions are imposed by a decision of the President on the submission of the National Security and Defense Council and approved by a resolution of the Verkhovna Rada. The sanctions may be covered by foreign states, an indefinite number of persons of certain activities (sectoral sanctions) and certain legal and natural persons.
Recall that in October 2001, the Verkhovna Rada approved the Land Code, which, in accordance with the Constitution, enshrined guarantees for the acquisition and realization of land ownership.
At the same time, the ban on alienation of land of certain types of agricultural land was introduced.
At the end of 2018, the moratorium was extended until January 1, 2020.
On May 22, 2018, the European Court of Justice ruled on the appeal of two Ukrainian citizens who had declared the moratorium in violation of their rights under Art. 1 of Protocol No. 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms, and also made a provision for the Government of Ukraine to take within a reasonable time the necessary legislative measures to lift the ban on alienation of agricultural land or substantially reduce its negative impact on the legal status of agricultural landowners. .