The Ministry of Justice’s anti-raiding office explained how the institution of the preferential right to purchase agricultural land will operate in connection with the introduction of the land market.

First of all, the corresponding priority is given to persons who have a special permit for the extraction of minerals of national importance (metal ores of non-ferrous metals, metal ores of precious metals, metal ores of rare metals and rare earth metals, radioactive metals, electrical and radiotechnical raw materials).

Such a prerogative is obtained by the specified persons on the condition that, according to the information received from the State Land Cadastre (DZK), the land plot is located within the boundaries of the subsoil plot provided to such a person for use, except for:

• land plots on which real estate objects (buildings, structures) are located, owned by a person who uses the land plot on the basis of ownership, lease, emphytheusis (the right to use land for agricultural purposes), superficies (the right to use land for construction),

• land plots for gardening.

Next in line were the tenants of land plots, who will receive the corresponding right in case of the absence of the subject of the first order or his refusal to exercise such a right.

If, in accordance with the legal requirements, these subjects cannot acquire ownership of an agricultural plot of land, they can transfer their preferential right of purchase to another person who, according to the law, can become the owner (it can be transferred only once).

Belonging to the queue will be established according to a certain algorithm:

• the subjects of the first priority right to purchase agricultural land are established by obtaining an extract from the DZK about the land plot;

• subjects of the second tier are established by obtaining information from the DZK and the State Register of Property Rights to Immovable Property (DRP).

The preferential right to purchase agricultural land is realized on the condition that its subject pays the price at which the plot is sold, and in the case of sale at an auction (land auction), if his offer is equal to the offer that is the largest of those offered by the bidders, and also fulfills all other conditions of the sales contract.

It is necessary to register your intention to buy with the DRP no later than two months before the day of concluding the sales contract.

The subject of preferential right, who wishes to use his prerogative, is obliged to notify the notary about this by a valuable letter with a description of the attachments and a notice of delivery or personally under a receipt. Within 1 month from the date of receipt of such notice, the notary, in agreement with the seller of the land plot, must appoint the day and time of concluding the contract of sale and notify the subject of the preferential right, who expressed a desire to use such a right, a valuable letter with a description of the attachments and a notice of delivery.

The registered preferential right to purchase land is an encumbrance. In this case, instead of information about the encumbrancer, information about the person to whom, on the basis of a written contract, the preferential right to purchase agrarian acres or hectares has been transferred to the DRP.

Source: Anti-Raiding Office of the Ministry of Justice