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Changes to land legislation discussed in Chernihiv
Recently, in the conditions of the opening of the land market, land legislation has undergone significant changes. In order to keep abreast of these changes ourselves, as well as to provide methodological assistance to representatives of local communities, legal aid providers and public activists of the Chernihiv region, the Chernihiv Public Committee for the Protection of Human Rights, together with the Regional Center for the Provision of Free Secondary Legal Aid in the Chernihiv Region, held a training event in the format of a round table on the topic: “Resolving problematic issues in the field of protecting the rights of landowners and land users in local communities.”
During the opening speech
Iryna Protchenko
emphasized that participation in this event is a unique opportunity to get answers to questions and explanations of legislative changes from an expert who not only has experience in the practical application of these norms, but also has experience in developing proposals for amendments to the legislation.
The head of the Department of Land Management and Land Protection of the Main Department of the State Geocadastre in Chernihiv region,
Igor Puzan,
, was invited as an expert for this event.
During the opening speech, the head of programs of the Chernihiv Public Committee for the Protection of Human Rights
Natalia Kulikova
presented the project “Ensuring Human Rights and Strengthening Civic Participation within the Framework of Land Reform in Ukraine”, which is currently being implemented in Chernihiv region with the support of the Human Rights House Foundation.
During his speech
Igor Puzan
focused on the changes made to the Law of Ukraine No. 1423-IX of 28.04.2021 “On Amendments to Certain Legislative Acts of Ukraine on Improving the Management System and Deregulation in the Field of Land Relations”. In accordance with the final and transitional provisions of this Law, it enters into force on the day following its publication, except for some of its points, which enter into force three, six and twelve months after the date of its publication.
In addition, this Law declared invalid the Law of Ukraine “On State Expertise of Land Management Documentation”, which was in force for the purpose of researching, verifying, analyzing and assessing the objects of expertise for their compliance with the requirements of the legislation, established norms and rules, as well as preparing reasoned conclusions for making decisions regarding the objects of expertise and the Law of Ukraine “On Protection of Constitutional Rights of Citizens to Land”. This Law determined the financial principles for the exercise of land ownership rights by citizens of Ukraine in accordance with Article 14 of the Constitution of Ukraine.
In total, this Law amended 34 regulatory legal acts. During his speech, Ihor Puzan focused on the most relevant changes related to:
Disposal of lands outside settlements
Section 10 of the Transitional Provisions of the Civil Code of Ukraine was supplemented by paragraph 24, which provides that all state-owned lands located outside settlements within such territorial communities are considered communal lands, except for lands:
1. used by state authorities, state enterprises, institutions, organizations on the right of permanent use (including land plots in permanent use by state forestry enterprises, and water fund lands in permanent use by state water management enterprises, institutions, organizations, the National Academy of Sciences of Ukraine, national branch academies of sciences);
2. defense;
3. nature reserve and other nature conservation purposes within the objects and territories of the nature reserve fund of national importance, forestry purposes;
4. exclusion zones and zones of unconditional (mandatory) resettlement of the territory that was subjected to radioactive contamination as a result of the Chernobyl disaster;
5. buildings, structures, other objects of state-owned real estate;
6. under engineering infrastructure objects of state-owned national and inter-farm land reclamation systems;
7. specified in the permits granted before the entry into force of this clause for the development of land management projects for the allocation of land plots, granted by executive authorities for the purpose of transferring land plots for permanent use to state institutions of the nature reserve fund, state forestry and water management enterprises, institutions and organizations, if the decisions of the specified bodies have not been adopted.
Land plots that are considered communal property of territorial communities of villages, towns, cities in accordance with this clause and the state property right to which is registered in the State Register of Real Property Rights to Real Property, shall be transferred to communal property from the moment of state registration of the right of communal property to such land plots.
Other land plots and lands not formed into land plots shall be transferred to communal property from the date of entry into force of this clause.
From the date of entry into force of this clause until the state registration of the right of communal ownership to land plots of state ownership that are transferred to the communal ownership of territorial communities, the executive authorities that have disposed of such land plots shall not have the right to dispose of them.
Permits granted by the decisions of the Council of Ministers of the Autonomous Republic of Crimea and executive authorities to develop land management documentation for land plots of state ownership that are transferred to communal ownership in accordance with this clause shall be valid. Persons who have received such permits, as well as the authorities that granted them, are obliged to notify the relevant village, settlement, and city councils of this within a month from the date of entry into force of this clause. The decision on approval of such documentation that has not been approved on the date of entry into force of this paragraph shall be made by village, settlement, city councils.
Changes to the procedure for free privatization of land plots
The new wording of this article provides that a citizen interested in privatization of a land plot within the limits of the norms of free privatization that is in his use, including a land plot on which a residential building, outbuildings, structures owned by him are located, shall submit a petition to the relevant executive body or local government body that transfers land plots of state or municipal property into ownership in accordance with the powers specified in Article 122 of this Code.
The application shall be accompanied by technical documentation on land management for establishing (restoring) the boundaries of a land plot in kind (on the ground), developed in accordance with the Law of Ukraine “On Land Management”, which is ordered by a citizen without granting permission for its development.
And the relevant executive body or local government body, within a month from the date of receipt of the technical documentation on land management for establishing (restoring) the boundaries of a land plot in kind (on the ground), shall make a decision on its approval and transfer of the land plot into ownership or a reasoned decision on refusal.
It is worth noting that land management projects for the allocation of a land plot no longer require approval in the manner established by Article 186-1 of the Land Code.
Article 59 of the Law of Ukraine “On Local Self-Government in Ukraine” was supplemented with the following paragraph:
“The decision of the council on the free transfer of a land plot of communal property into private ownership (except for land plots used by citizens and cases of transfer of a land plot to the owner of a residential building, other building, structure located on it) shall be adopted by at least two-thirds of the votes of the deputies from the total composition of the council.”
Guarantees for the protection of the rights of customers of topographic, geodetic and cartographic works and third parties
The liability of performers of topographic, geodetic and cartographic works of national purpose to customers of such works and third parties for damage that may be caused as a result of negligence, carelessness or professional errors made during the performance of topographic, geodetic and cartographic works is subject to mandatory insurance in accordance with the Law of Ukraine “On Insurance”.
An insured event is the infliction of damage to the customer or a third party as a result of the performance of topographic, geodetic and cartographic works of national purpose.
The insured amount is established by agreement of the parties, but cannot be less than 1 thousand minimum wages.
The maximum amount of the insurance tariff based on one year of insurance is:
0.3 percent of the insured amount, if the compulsory insurance contract does not provide for the establishment of a deductible;
0.1 percent of the insured amount, if the compulsory insurance contract provides for the establishment of a deductible.
The amount of the deductible (part of the losses that is not compensated by the insurer) is determined by agreement of the parties in the compulsory insurance contract, but cannot exceed 5 percent of the insured amount.
In the event of an insured event, the insurer pays insurance compensation in the amount of property damage caused to the customer and/or a third party, determined by a court decision that has entered into legal force, or by a written demand (claim) of the customer and/or a third party, recognized by the insured and agreed by the insurer.
Insurance compensation is provided by the insurer in accordance with the compulsory insurance contract on the basis of a court decision that has entered into legal force, or a written claim (claim) of the customer and/or a third party recognized by the insured and agreed by the insurer.
The event was organized by the Chernihiv Public Committee for the Protection of Human Rights together with the Regional Center for the Provision of Free Secondary Legal Aid in the Chernihiv Region within the framework of the project “Ensuring Human Rights and Strengthening Civic Participation in the Framework of Land Reform in Ukraine” with the support of the Human Rights House Foundation and the European Union.