March 18, 2013, 2 a.m.
(PHOTO: Intent)
The issue of free privatization of land plots remains an urgent problem for peasants. Often, the effective realization of this right requires legal assistance from specialists. Providing free legal support to farmers on land issues is one of the objectives of the USAID AgroInvest program, whose partner is the Odesa regional organization of the Committee of Voters of Ukraine. Taking into account numerous requests from villagers, the organization's Law Center in Tatarbunary provides appropriate legal advice.
The free transfer of land plots to the ownership of citizens is carried out in the following cases:
a) privatization of land plots used by citizens;
b) obtaining land plots as a result of privatization of state and municipal agricultural enterprises, institutions and organizations
c) obtaining land plots from state and communal property within the limits of free privatization rules set forth in the Land Code.
Article 121 of the Land Code of Ukraine defines the rules for the free transfer of land plots to citizens, including for the construction and maintenance of a residential building, outbuildings and structures (homestead plot) in villages - no more than 0.25 hectares, in towns - no more than 0.15 hectares, in cities - no more than 0.10 hectares.
The procedure for free privatization of land plots by citizens is provided for in Article 118 of the Land Code of Ukraine. Thus, in accordance with parts 6-8 of Article 118 of the Land Code of Ukraine, citizens interested in obtaining free ownership of a land plot from state or municipal land for farming, personal farming, gardening, construction and maintenance of a residential building, outbuildings and structures (homestead), individual summer cottage construction, construction of individual garages within the limits of free privatization, shall submit an application to the relevant executive body or body of state or municipal property.
The relevant executive authority or local self-government body that transfers state or municipally owned land plots into ownership in accordance with the powers specified in Article 122 of this Code shall consider the application within one month and give permission to develop a land management project for the allocation of the land plot or provide a reasoned refusal to grant it. The land management project for land allocation is developed upon request of citizens by business entities that perform land management works in accordance with the law, within the time limits specified by the agreement of the parties.
A land management project for the allocation of a land plot is approved in accordance with the procedure established by Article 186-1 of the Land Code of Ukraine. Pursuant to clause 107 of the Procedure for Maintaining the State Land Cadastre, approved by the Resolution of the Cabinet of Ministers of Ukraine No. 1051 dated October 17, 2012, state registration of a land plot is carried out during its formation based on the results of land management documentation after its approval in accordance with the established procedure and before the decision on its approval by a state authority or local self-government body (in case such documentation is subject to approval by such body in accordance with the law) by opening a land book for such
The relevant executive authority or local self-government body that transfers state or municipally owned land plots into ownership in accordance with the powers specified in Article 122 of the Land Code of Ukraine shall, within two weeks from the date of receipt of the approved land management project for the allocation of a land plot, decide to approve the land management project for the allocation of a land plot and grant it into ownership (Part 9 of Article 118 of the Land Code of Ukraine).
Therefore, given the above, if a citizen has not exercised his or her right to privatize a land plot, he or she has the right to free privatization of the land plot in the amount determined by Article 121 of the Land Code of Ukraine and in accordance with the procedure established by Article 118 of the Land Code of Ukraine, for which the citizen must apply to the relevant executive authority or local government body with a corresponding request. In addition, it should be noted that pursuant to Article 126 of the Land Code of Ukraine, the right of ownership and use of a land plot is formalized in accordance with the Law of Ukraine "On State Registration of Real Rights to Real Estate and Their Encumbrances".
Pursuant to part 10 of Article 79-1 of the Land Code of Ukraine, state registration of real rights to land plots is carried out after state registration of land plots in the State Land Cadastre. Thus, after entering information about a land plot into the State Land Cadastre and making a decision to approve a land management project for land allocation and granting it into ownership by the relevant authority, a citizen will need to apply to the state registration authority for further registration of his or her right to the relevant land plot and obtaining a certificate of ownership of real estate, subject to the requirements of the Law of Ukraine "On State Registration of Real Rights to Real Estate and Their Encumbrances".
A complete list of business entities that have obtained licenses to conduct land surveying and land valuation works in Odesa and Odesa region can be found on the official website of the Main Department of the State Land Agency in Odesa region.
The activities of the Law Centers of the Odesa regional organization of the NGO "Committee of Voters of Ukraine" in Kotovsk in the field of protection of land rights of citizens are carried out within the framework of the partnership project of the Kherson regional organization of the Committee of Voters of Ukraine "Land Rights: Counseling, Advocacy and Bright Education", with the financial support of the USAID AgroInvest project.
Yevhen Hrybachov
Law Center of the Odesa organization of the CVU in Tatarbunary