Head of real estate and commercial law practice
Specialist in the field of commercial law and process. Real estate, construction support; land law and protection of property ownership.
Registration of ownership of a collective farm yard
The current legislation of Ukraine does not contain a legal definition of the term “collective farm”, which previously existed in the Civil Code of the Ukrainian SSR. A collective farm was a family-labor association of persons, some or all of whom were members of a collective farm and jointly managed a subsidiary farm on a given household plot. The property of a collective farm was considered the common property of its members and was transferred by inheritance. In the article, we will examine in more detail the possibility of registering ownership rights to the property of a former collective farm farm today.
Subjects of ownership rights to a collective farm farm: what does the current legislation say about this?
The key period for determining the circle of such subjects is April 15, 1991. If members of the collective farm had such a status on the specified date, they could receive property on general terms, having registered the right of ownership to it. Such persons could be:
- able-bodied, incapable and minor members of the collective farm;
- persons who on April 15, 1991 had not lost their official status due to not having continuously managed the collective farm for at least three years (except for cases when it came to military service, training or illness).
If citizens did not meet the above criteria, they lost the right to a share in the property. You can learn about the individual features of this provision by reading the resolution of the Plenum of the Supreme Court “On Judicial Practice in Cases of Claims for the Protection of Private Property Rights”.
Inheritance of ownership of a collective farm: the main nuances
The issue of inheritance of property that previously belonged to a collective farm has its own peculiarities. Until July 1, 1990, the rule was in effect, according to which the inheritance of the property of a collective farm was opened only after the death of its last member. However, it was later clarified and the inheritance procedure began to be initiated after the death of each of its former members who died after June 30, 1990.
To determine the circle of heirs and the size of their shares, the status of the farm members as of April 15, 1991 is also taken into account, as indicated above. If there are no obstacles to initiating the procedure, then for inheritance it is necessary to:
- obtain a death certificate of a member of the collective farm (or a court decision declaring him deceased);
- apply to a notary to open the inheritance at the location of the collective farm property;
- accept the inheritance, having gone through the necessary procedures, and receive a certificate.
To learn more about the specifics of inheritance and determine the most optimal option for you, we recommend that you seek legal advice from one of our real estate specialists.
Procedure for registering ownership of a collective farm yard, the property of which was acquired before April 15, 1991
Registration of rights to such property is carried out according to the general procedure of state registration. At the same time, such a process may require additional steps, in particular, establishing the fact of the property belonging to the former collective farm. In general, the main stages are as follows:
- collection of documents confirming the property belonging to the member (in the absence of title documents – a court decision that has entered into legal force) and the status of the relevant collective farm (certificates from village councils, extracts from farm books, decisions of the general meeting of collective farmers, etc.);
- determination of shares in the right of joint joint ownership or conclusion of an agreement on the division of common property between members of the former collective farm or their heirs (if necessary);
- registration of hereditary rights to property by applying to a notary with a statement of acceptance of the inheritance within six months from the date of the testator’s death;
- directly the procedure for state registration of ownership, for which you will need to prepare an application for state registration, a title document for property, a certificate of inheritance, a technical passport for the real estate object (if available), etc.
How can lawyers at Prikhodko & Partners help?
Individual consulting support
Our lawyers will conduct an in-depth analysis of your existing documents and the history of property acquisition. You will also be provided with comprehensive explanations of the legal norms that apply to your situation and an individual action plan for registering property rights, taking into account the existing documents. As a result, clear instructions will be provided on what documents need to be collected for further legal support.
Legal support for registering property rights
Prykhodko & Partners real estate lawyers will take care of collecting the necessary documents and will help you correctly draw up all the necessary applications. If legal facts need to be established in court for registration, our lawyers will provide full legal support for the legal process, including preparing statements of claim and participating in court hearings.
Finally, the lawyers will submit a package of documents to the relevant state registration authority, monitor the progress of the application, and promptly respond to possible comments.
Appealing the state registrar’s refusal to register rights
In the event of a refusal and provided that there are all grounds to consider it unlawful, the lawyers will carefully analyze the decision, prepare and file a substantiated complaint, and ensure qualified representation of your interests at all stages of such a process.
By contacting the Law Firm “Prikhodko and Partners”, you will receive qualified legal support at all stages of registering ownership of the property of the former collective farm yard. To find out the cost of legal support, fill out the form below.
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In which regions of Ukraine do you work?
The department of real estate and land law, as a rule, works in Kyiv and the Kyiv region.
- We provide our services in all regions of the Kyiv region, for example:
- Bilotserkiv district (towns of Skvira, Tarasha, Bila Tserkva, Uzyn, Tetiiv).
- Boryspil district (the cities of Boryspil, Pereyaslav, Yagotyn).
- Brovary district (the cities of Brovary, Berezan).
- Buchansky district (towns of Bucha, Irpin, Vyshneve).
- Vyshhorod district (the cities of Vyshhorod, Slavutych).
- Obukhiv district (towns of Obukhiv, Boguslav,
- Vasylkiv, Kagarlyk, Myronivka, Rzhyshchiv, Ukrainka).
- Fastiv district (the cities of Fastiv, Boyarka).
It is worth noting that on some issues (services) we work throughout Ukraine, contact and clarify information by phone!
Do you provide consultations online or over the phone?
Yes! If you do not have the opportunity to come to the office in Kyiv, then you can pay and receive a consultation by phone or in one of the applications for conducting calls/conferences.
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