LAW AGAINST RAIDERSHIP

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LAW AGAINST RAIDERSHIP

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 On January 16, 2019, Law No. 340-IX came into force to counteract raiding. The document was published in the official newspaper of the Verkhovna Rada of Ukraine on January 14. From now on, the land ceases to exist as an object of civil rights, and its state registration is canceled in the case of:

- division or association of land plots;

- cancellation of the state registration of the land plot on the basis of a court decision as a result of the recognition of such state registration as illegal;

- if a real right to a land plot registered in the State Land Cadastre under the Law on the State Land Cadastre has not been registered within a year because of the applicant's fault.

 The court decision to cancel the state registration of a land plot is allowed only with the simultaneous termination of such a decision of all real rights, their encumbrances registered with respect to such a land plot (if such rights, encumbrances exist).

 The owner of the real estate has the right to establish (cancel) the requirement of a notarial certificate of the contract (modification of the contract), the subject of which is such property or a part of it, unless in accordance with the law such contract is subject to a notarial certificate. The establishment (cancellation) of a claim is a one-way transaction, subject to notarization. Such a requirement is an encumbrance for real rights to immovable property and is subject to state registration in the manner prescribed by law.

 Renewal of a land lease, a contract for the establishment of a land easement, contracts for granting the right to use the land for agricultural purposes or for building.

 A land lease agreement, a contract for establishing a land easement, a contract for granting the right to use a land plot for agricultural purposes or for building may establish a condition for renewal of such contracts.

 If the contract contains a condition for its renewal after the expiration of the term for which it was concluded, this contract shall be renewed for the same term and under the same conditions. The renewal of the contract shall be considered as renewal of the contract without the parties making the contract in writing about its renewal in the absence of a statement by one of the parties on the exclusion from the State Register of Real Property Rights of the real estate about the renewal of the contract. No other actions are required by the parties to the contract for its renewal.

 A party to the contract wishing to exercise the right to refuse to renew the contract no later than one month before the date of termination of such agreement shall submit to the State Register of Real Property Rights of the real estate a request for exclusion of the contract renewal information from this register.

 In the absence of an application for exclusion from the State Register of Real Property Rights, information on the renewal of the contract before the expiration date of such agreement after the corresponding expiry date of the contract, state registration of the real right shall continue for the same period.

 Land owners and users will no longer need to receive paper extracts about land plots from the cadastre. State registrars must independently make such extracts in electronic form when carrying out registration actions.

 The provisions regarding the requirements for notarization of the contract on the establishment of the land easement, the payment for the use of the land plot and the renewal of the land lease agreement enter into force on July 15, 2020.

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