On August 6, 2021, the Ministry of Justice of Ukraine explained how to register the land when the right to use the plot is transferred to the farm from its founder in the letter of the Ministry No. 61734/8.4.3/32-21, taking into account the application of the positions of the Supreme Court, highlighted in the resolutions:

– of the Grand Chamber of June 23, 2020 in case No. 179/1043/16-ts;

– of the Grand Chamber of June 23, 2020 in case No. 922/989/18;

– Civil Court of Cassation dated April 28, 2021 in case No.

547/362/18.

First of all, the right to permanent use (on the basis of the relevant state act) of a land plot does not end with the death of the natural person to whom it was granted, regardless of the purpose of the land.

Secondly, from the moment of state registration of a farm as a legal entity, the right to permanent use of a land plot, which its founder received precisely for the purpose of running such a farm, passes to this farm. Such a right cannot be an object of inheritance. After the death of the founder, the permanent user of the plot remains the peasant (farm) economy.

Thirdly, for the state registration of the right to permanent use of a land plot for a farm (including in the event of the death of the founder, who was granted the use of the land plot), a document confirming the acquisition of the right of permanent use by the founder of such a farm is submitted.

Source: Ministry of Justice of Ukraine