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Prospects for land reform at the local level were discussed in Chernihiv region
On May 24, 2015, a round table was held in the city of Mena, Chernihiv region, on the topic “Solving problematic issues in the field of protecting the rights of landowners and land users in local communities.”
2021 was marked by a large-scale reform in the land sector, namely the introduction of a land market and the transfer of the function of land management directly to the communities on whose territory these lands are located. At the same time, an administrative-territorial reform took place, and both newly created and long-existing communities faced the problem of insufficient awareness of the procedure for managing the lands that will be transferred to them.
Therefore, on May 24, 2021, 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 and the Mensky Local Center for the Provision of BVPD, held a training event in the format of a round table for employees of the free secondary legal aid system, representatives of territorial communities, farmers, land users of the Koryukiv and Novgorod-Siversky districts of the Chernihiv region. The head of the Department of Land Management and Land Protection of the Main Department of the State Geocadastre in Chernihiv Region,
Igor Puzan
.
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 Civil Participation in the Framework of Land Reform in Ukraine”, which is currently being implemented in the Chernihiv region with the support of the Human Rights House Foundation.
The Director of the Regional Center
Iryna Protchenko
told those present that the free legal aid system is implementing the project “Program for Acceleration of Private Investments in Agriculture”; the purpose of this program is to prepare for the opening of the land market. As part of the implementation of this program, the centers of the free legal aid system regularly hold events aimed at increasing the legal awareness of citizens on issues of legal support for land transactions (privatization, lease, inheritance, etc.), and also provide methodological assistance to local governments.
During his speech
Igor Puzan
focused the attention of those present on specific problematic issues and provided comprehensive recommendations for their elimination.
Regarding land reform
The beginning of the land reform was the adoption of the Law of Ukraine No. 2178-10 “On Amendments to Certain Legislative Acts of Ukraine Regarding the Circulation of Agricultural Land”. In accordance with the provisions of this Law, the sale of agricultural land is permitted from July 1, 2021. At the same time, preparations began for the transfer of land from state ownership to communal ownership, i.e. to united territorial communities.
The transfer of agricultural land from state ownership to communal ownership of united territorial communities is carried out in accordance with the Decree of the President of Ukraine dated October 15, 2020 No. 449/2020 “On Some Measures to Accelerate Reforms in the Field of Land Relations” and the Resolution of the Cabinet of Ministers of Ukraine dated November 16, 2020 No. 1113 “On Some Measures to Accelerate Reforms in the Field of Land Relations”. Ihor Puzan emphasized that the delay in the process of receiving and transferring land plots may have a negative impact on the land fund of newly created communities, since until the lands are transferred to the balance of the ATC, the State Geocadastre departments are obliged to issue permits for the development of land management projects, if the applications for development meet the requirements established by law, as a result, the amount of land that ATCs will actually be able to dispose of will be significantly smaller, which may negatively affect revenues to local budgets.
In addition, two more laws were recently adopted, namely the Law “On Amendments to the Land Code of Ukraine and Other Legislative Acts on Improving the Management System and Deregulation in the Field of Land Relations” No. 1423-IX (draft law No. 2194), which the Verkhovna Rada adopted on April 28. According to the document, state-owned lands outside settlements (except for lands needed by the state to perform its functions) are transferred to the communal ownership of village, settlement, and city councils. A clear mechanism has been established for recording the boundaries of communities, including merged communities, in the State Land Cadastre. Local governments receive the authority to change the purpose of privately owned land plots and approve detailed plans for the territory outside settlements.
In addition, the authority to exercise state control over the use and protection of land has been granted to regional state administrations and executive bodies of village, settlement, and city councils.
And also, Law No. 2195 “On Amendments to Certain Legislative Acts Regarding the Sale of Land Plots and Acquisition of the Right to Use Them through Electronic Auctions”. The law establishes that the sale of land plots of state or municipal ownership and the acquisition of rights to use them (lease, superficies, emphyteusis) are carried out on a competitive basis (at land auctions) in the form of an electronic auction in the cases and in the manner established by Chapter 21 of the Land Code.
Regarding the prevention of double privatization of land
Unfortunately, the process of free privatization of land plots is often accompanied by fraudulent actions on the part of unscrupulous citizens. Basically, such actions are not committed directly by persons who claim to receive a land plot, but by their representatives, who, having received the necessary documents for the implementation of the representation, simultaneously submit applications for permission to develop a land management project in different regions. To prevent such cases, it is necessary to carefully check information on existing privatized plots using the appropriate registers. In the event that the person applying wants to use his right to free privatization of a land plot for the first time, but at one time received a land share/share, he must attach the appropriate supporting documents (certificate of the right to inheritance, certificate or state act).
Regarding the resolution of issues of collective land ownership, in particular, the lease of field roads
On January 1, 2019, the Law of Ukraine No. 2498-VIII “On Amendments to Certain Legislative Acts of Ukraine on Resolution of the Issue of Collective Land Ownership, Improving Land Use Rules in Agricultural Land Massifs, Preventing Raids and Stimulating Irrigation in Ukraine” came into force. It provides for the following changes in:
1) The lands of liquidated collective farms are transferred to the ownership of territorial communities.
2) The process of completing the division of agricultural lands by 2025 with the transfer of unclaimed shares to communal ownership has been regulated.
3) The exchange of a land plot of state or municipal property located in an agricultural land massif for another land plot in the same massif is carried out provided that both land plots have the same normative monetary value or the difference between the normative monetary values is no more than 10 percent.
4) Forest belts are classified as agricultural lands and their lease is regulated. United territorial communities can create municipal enterprises and secure forest belts for permanent use. This will allow forest belts to be preserved from destruction.
5) The right to lease field roads is granted to all tenants of massifs. Those who use land plots of the massif can lease only those field roads that are inside the massif; field roads that border it remain public lands.
6) Land plots under field roads located in an agricultural land massif (except for field roads that limit the massif) can be used by the land user both for passage (travel) to other land plots and for growing agricultural products. (The law has actually consolidated the long-standing practice of using field roads for growing agricultural products).
7) Land inventory can be initiated by owners, land tenants or local councils. This will allow communities to correct all errors for entering land plots into the State Land Cadastre.
8) The Cabinet of Ministers of Ukraine has established standards for environmentally safe irrigation, drainage and irrigation or drainage management.
Regarding the procedure for obtaining permits for the removal and transfer of soil cover of land plots
On June 10, 2020, the Ministry of Justice registered the order of the Ministry of Economy dated April 7, 2020 No. 642, according to which the order of the State Committee of Ukraine for Land Resources dated January 4, 2005 No. 1 “On approval of the Procedure for issuing and canceling special permits for the removal and transfer of soil cover (fertile soil layer) of land plots” was recognized as invalid.
According to paragraph one of part two of Article 168 of the Land Code of Ukraine, land owners and land users do not have the right to remove and transfer the soil cover of land plots without a special permit from the central executive body that implements state policy in the field of state supervision (control) in the agro-industrial complex.
Article 168 of the Land Code of Ukraine and Articles 48, 52 of the Law of Ukraine “On Land Protection” stipulate that if the activity leads to soil disturbance on the surface of the plot, the land owner and land user must remove, store, store the surface layer of soil and apply it to the plot from which it was removed (recultivation) or to another land plot to increase its productivity. The implementation of such measures is possible subject to obtaining a special permit from the State Geocadastre department of the region or city, depending on the location of the land plot.
Taking into account the amendments made to the relevant legislation, the working land management project, on the basis of which the removal of the fertile soil layer is permitted, is now developed on the basis of a decision of the relevant executive body or local government body.
The developed working land management project is subsequently subject to approval by the local State Geocadastre and environmental authorities. Additionally, the working project is also approved by the local architecture authority if construction is planned on the land plot.
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 Chernihiv Oblast as part of the implementation 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.