In recent days, the media has been spreading information that the Verkhovna Rada of Ukraine has simplified access for farmers to rent and use land. The Department of Agro-Industrial Development of the Lviv Regional Military Administration confirms that this is indeed the case.
However, the media reports that the authority to lease agricultural land is vested in the district military administrations (RBA). But this is not the case, we inform you why:
– first, in the initial version of the draft law on amendments to some legislative acts of Ukraine on the creation of conditions for food security in martial law from 19.03.2022 № 7178 really proposed such functions to provide RBA;
– secondly, the conclusion of the Committee on Agrarian and Land Policy of 23.03.2022 recommended that the Verkhovna Rada adopt this law as a basis and in general, subject to certain changes, namely the disposal of land by entities defined in Article 122 of the Land Code of Ukraine (LCU) ;
– thirdly, in Art. 122 of the LCU stipulates that village, settlement, city councils transfer land plots to the ownership or use of communal lands of the relevant territorial communities for all needs;
– fourthly, on March 24, 2022, the People’s Deputies adopted this Law taking into account the proposals specified in the conclusions of the Agrarian Committee.
As of now, the above-mentioned Law has not entered into force and has been sent to the President of Ukraine for signature. Once it is signed and published, it will take effect the next day. From now on, according to the simplified procedure, only territorial communities will be able to lease communal agricultural lands, and RVA will be able to carry out state registration of contracts and keep a book of registration of land tenure and land use under martial law.
According to him, amendments were made to the Land Code of Ukraine. These are additional points.
1. Automatic prolongation for one year of lease, sublease, emphyteusis, superficies for agricultural land (state, communal property, unclaimed, unallocated land, as well as private land) without the will of the parties and without entering information about the renewal of the contract to the State Register of Real Rights to Immovable Property of contracts for which the term of use of land expired after the imposition of martial law.
2. Leasing for agricultural production for up to one year of agricultural land of state and communal ownership (except for those that are in the permanent use of persons who do not belong to state, municipal enterprises, institutions, organizations). As well as unallocated and unclaimed land plots and land shares (units) are carried out by managers on several terms.
First, the amount of rent may not exceed 8% of the normative monetary value of the land plot, which is determined by the average value of a unit of arable land area in the region.
Secondly, the tenant of the land plot has no right to: renewal of the land lease agreement, sublease of the land plot, change of the land plot and its purpose, construction of real estate objects on the land plot, laying of perennial plantations on the land plot. the right to purchase a leased land in case of its sale, alienation, pledge (mortgage) of the right to use the land, division of the land, combining it with another land, as well as use for their own needs available on the land common minerals , peat, forests, water bodies.
Third, the land lease agreement is concluded only in electronic form, and is certified by qualified electronic signatures of the tenant and the landlord (for example, through the online service “Action”). At the same time, the lease of land is carried out without land auctions.
Formation of land for lease is carried out without entering information about such land in the State Land Cadastre (state registration) and assigning it a cadastral number, on the basis of technical documentation on land management for land inventory, which is developed by the authority authorized to transfer land land for rent, and approved by such body.
The right to lease land leased is not subject to state registration. The land lease agreement, as well as changes to it, the agreement on the termination of such a lease agreement is subject to state registration. Such registration is carried out by the district military administration.
State-owned agricultural lands may be provided for use only for commercial agricultural production.