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State registration of land use agreements has been introduced

April 21 2022

In the conditions of martial law, the functioning of the State Register of Property Rights is limited. Therefore, instead of state registration of rights, state registration of land use contracts was introduced. This is reported by the press service of the Ministry of Agrarian Policy, commenting on the Law on Food Security in Martial Law (No. 2145-IX). 

It is noted that state registration of such contracts is carried out by district military administrations in the Book of State Registration of Land Ownership and Land Use under martial law. Lease rights and other rights to land arise from the moment of state registration of the relevant contracts.

The land lease agreement provides for the following conditions:

1) the term of land lease under such contracts cannot exceed one year. Requirements regarding the minimum term of a land lease agreement of 7 years do not apply to such agreements;

2) the amount of rent cannot exceed 8% of the normative monetary value of the land plot, which is determined from the average normative monetary value of a unit of arable land in the region;

3) it cannot be renewed, it is concluded for a new term and it is terminated with the expiration of the term for which it was concluded – after 1 year;

4) exclusively electronic form of the contract with certification by electronic signatures of the parties;

5) land auctions for the transfer of land for rent are not held.

The document states that lessees/sublessees of agricultural land plots of all forms of ownership can transfer their right to lease/sublease to another person for a period of up to one year to use the land plot for its intended purpose.

In such a contract on the transfer of land use rights, the following are specified: the parties to the contract; the land use right that is transferred; the area of ​​the land plot, as well as the cadastral number of such land plot (if available); purpose of the land plot rural purpose; the term for which the right to lease or the right to sublease the land is transferred (no more than 1 year from the date of expiry of the contract).

Source: www.agronews.ua

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