On the introduction of changes to some legislatures of Ukraine concerning the separation of land and communal property

(Information Of The Verkhovna Rada (VR), 2013, No. 36, pp. 472)

{With changes under the Act
No. 233-VII of 14.05.2013 , BBR, 2014, No. 11, pp. 136}

Verkhovna Rada of Ukraine Orders:

I. Amend the following legislative acts of Ukraine:

1. In Earth Code of Ukraine (Information of the Verkhovna Rada of Ukraine, 2002, No. 3-4, art. (27):

(1) Paragraph 6 of Article 6 is set out in this edition:

"(g) The agreement relating to the changing of the purpose of the purpose of the most valuable land of the State and the communal property is to stop the permanent use of the permanent use of them according to this Code";

(2) Part of the first article 15 shall be supplemented by paragraph "and" such a content:

"(and) The possession of the agricultural purpose of the state property according to the authority defined by this Code";

(3) Article 20 complement parts of sixth and seventh such content:

" 6. Changing the target destination of especially valuable lands is allowed only to place objects of common importance, roads, power lines and connections, pipelines, destitution and irrigation canals, geodesics, housing, etc. objects of social and cultural purpose, facilities related to the extraction of minerals, oil and gas wells and production facilities related to their exploitation, and in the case of alienation of land for public needs or from Motivations of the social necessity, the abandonment of lands specified in the "and" "b" part of the first article 150 of this Code, to the lands of the natural and conservation fund and other environmental purpose, of the land of historical and cultural purposes.

The allocation of particularly the valuable lands of the state or communal property defined in terms of "a" and "b" is part of the first article 150 of this Code, before the territories of other categories are carried out in the agreement with the Verkhovna Rada of Ukraine.

The approval of the location of the object's location, which is intended to be placed on the land area of particular state or communal property with the change of its target, is carried out by the agreement with the Verkhovna Rada of Ukraine. of the order specified by Article 151 of this Code.

7. Changing the target destination of land areas of natural and protected areas and other environmental purpose, historical and cultural, forestry-owned and communal property is carried out in the pursuit of The Cabinet of Ministers of Ukraine ";

(4) Part of the second article 77 is set out in such an editorial:

" 2. Defence lands can only be held in state ownership ";

(5) In Article 83:

a part of the second teaching in such an editorial:

" 2. The communal property is:

(a) All land within settlements other than land areas of private and public property;

(b) Land areas on which the buildings are located, structures, other fixed property objects of communal property, regardless of the location of their location ";

after part of the second complement of the new part of this content:

" 3. The land area of state property is intended to be used to accommodate facilities designed to serve the needs of the territorial community (utilities, institutions, organizations, public pastures, cemeteries, places of neglect). and disposal of waste, recreational facilities, etc.) as well as land plots, which according to approved urban documentation is intended to be included in the boundaries of the settlements, by the decisions of the executive authorities are transferred to the municipal authorities. property. "

In this regard, parts of the third-fifth are considered as part of the fourth-sixth;

In part five:

"b" to read:

"(b) alienation of land areas for public needs and with the motives of the public necessity in accordance with the law";

Paragraph " g - 1 " exclude;

The second sentence of the sixth part is set out in such an editorial: "The management of the land plots is carried out in accordance with the law";

(6) In Article 84:

a part of the second teaching in such an editorial:

" 2. The right of state ownership to land is acquired and implemented by the state through the executive authorities according to the authority defined by this Code ";

Part three exclude;

In part four:

"from" to read:

"(c) Land areas enshrined in higher educational institutions of state form of property";

"and" to exclude;

"and" the following:

"and) land areas used by the Black Sea Fleet of the Russian Federation in the territory of Ukraine on the basis of international treaties, consent to the duty provided by the Verkhovna Rada of Ukraine";

The "d" clause of the fifth to exclude;

(7) In Article 86:

the name of the editor in such an editorial:

" Article 86. Joint ownership of land ";

a part of the second teaching in such an editorial:

" 2. The entities of the common property on the land area may be citizens and legal persons, as well as the state, territorial communities ";

(8) Article 116:

The name is supplemented with the words "from land and communal land";

Part of the fifth posting in this edition:

" 5. Land areas which are owned or used by citizens or legal entities are transferred to the property or use by the decision of the executive or local governments only after the termination of ownership or property. using them in the order defined by the law ";

(9) Article 117 shall be taught in such an editorial:

" Article 117. Transfer of land property to communal property or land of communal property of state property

1. Transfer of land areas of state ownership to communal property or vice versa is carried out by the decisions of the relevant authorities or local governments, which shall undertake the disposal of the lands of the public or communal services; Property in accordance with the authority defined by this Code.

In the decision of the executive branch or local government, the transfer of land to state or communal property is indicated by the cadastral number of the land area, its location, area, target, and information on the land. (d) Land-based retraction of land rights, restrictions in its use.

Based on the decision of the executive branch or local government, the transfer of land to state or communal property consists of an act of accepting the transfer of such land.

The decision of the executive branch or local government on the transfer of land to state or communal property, together with an act of the transfer of such land is the basis for the state registration of the ownership of the state, territorial community on it.

2. Prior to the land of state property that cannot be transferred to communal property, the land plots used by the Black Sea Fleet of the Russian Federation on the territory of Ukraine on the basis of international treaties, consent to the duty of which provided by the Verkhovna Rada of Ukraine, land areas on which the buildings are located, structures, other real estate facilities, as well as land areas that are in the constant use of the organs of government, enterprises, institutions, other than cases of transmission of such facilities to Communal property.

3. Prior to the land of communal property, which may not be transferred to state property, owned by the buildings on which the buildings are located, structures, other fixed estate facilities, as well as land areas that are located in the area The permanent use of local government bodies, utilities, institutions, organizations, except for the transfer of such facilities to public property ";

(10) In Article 118:

in parts of the first and sixth words "appropriate district, Kiev or Sevastopol city state administration or rural, village, city council for local settlement" replace with words and numbers " of the relevant body The executive branch or the authority of the local government, which transfers land areas of the state or communal property to the property according to the authority defined by Article 122 of this Code ";

in part a third word "according to the rural, village, city council or the Council of Ministers of the Autonomous Republic of Crimea, district, Kiev or Sevastopol city state administration" to replace words and numbers " to the appropriate executive body the authority or body of the local government, which transfers land areas of the state or communal property to the property according to the authority defined by Article 122 of this Code ";

in the paragraph of the first part of the seventh and part of the ninth word "Council of Ministers of the Autonomous Republic of Crimea, the district, Kiev or Sevastopol city administration or village, village, city council" replace with words and numbers "The responsible body" The executive branch or the authority of the local government, which transfers land areas of the state or communal property to the property according to the authority defined by Article 122 of this Code ";

(11) Article 122 of the article:

" Article 122. The powers of the executive branch, the Supreme Council of the Autonomous Republic of Crimea, local governments on the transfer of land to property or in use

1. Rural, village, city councils transfer land areas to or from land to communal property of relevant territorial communities for all purposes.

2. The Supreme Council of the Autonomous Republic of Crimea, regional councils, district councils transfer land areas to property or to use from the respective lands of the common ownership of territorial communities for all needs.

3. The State Administration District administers the land of state ownership, except in cases designated by the fourth and eighth of this article, property or in use within the villages, villages, towns of district importance. for all needs and outside the localities for:

(a) Water management;

(b) Building facilities related to the service of residents of the territorial community of the district (schools, cultural institutions, hospitals, trade enterprises, etc.), with regard to the requirements of Part 7 of this article;

(b) Individual gift building.

4. The Central Authority of the Executive Authority on Land Relations in Land Relations and its territorial bodies conveying land areas of agricultural ownership, other than cases defined by part eight of this article, owned or in use for all needs.

5. Areas of state administration in their territory transfer land from state ownership, except in cases defined by the third, fourth and eighth of this article, property or use within cities of the regional importance and outside localities, as well as land that is not part of the area, or in cases where the district government administration is not established, for all needs.

6. The Kiev and Sevastopol city public administrations are transferred to land areas of state ownership, except in cases designated by the fourth and eighth of this article, in property or in use for all needs.

7. The Council of Ministers of the Autonomous Republic of Crimea, in the territory of the Autonomous Republic of Crimea, transfers land plots from the land of state property, except in cases designated by the third, fourth and eighth of this article, in property or in use of within the villages, villages, cities that are not part of the area, and outside the localities for all the needs, and also agree to transfer such lands to the property or to use district state administrations for their territory to build facilities related to the service of residents of the territorial community of the district (schools, the institutions of culture, hospitals, trade enterprises, etc.).

8. The Cabinet of Ministers of Ukraine transfers land plots from land ownership to property or to use in cases designated by Article 149 of this Code, and land areas of the bottom of the territorial sea, and transmits land areas. the agricultural destination of state property to the statutory capital of the state land bank, which is worth the cost of the state and is not subject to privatization.

9. State bodies of privatization carry out the sale of land on which the facilities are located which are subject to privatization ";

(12) In Article 123:

part of the first complement of the paragraph by the sixth such content:

"The land areas of the state and communal property on which the buildings are located, structures, other fixed assets located in the state and communal property are transferred to persons specified in the" and " parts of the second article 92. The Code, Only on the Right of Permanent Use ";

in the paragraph of the first part of the second word "appropriate rural, village, urban, district, regional council, Cabinet of Ministers of Ukraine, Council of Ministers of the Autonomous Republic of Crimea, local state administration" to replace words and figures of "relevant" the authority of the executive branch or the body of local self-government, which according to the authority defined by Article 122 of this Code, transfer to the property or use of such land areas ";

Parts of this and eight are replaced by three parts of this content:

" 7. If the land area is granted to use by the agreement with the Verkhovna Rada of Ukraine, the agreed project of land-laying land is submitted to the Council of Ministers of the Autonomous Republic of Crimea, the regional, Kiev and Sevastopol. The city administrations, which with its proposals and a positive conclusion of the state examination of land-organizing documentation, are presented by the Cabinet of Ministers of Ukraine, which examines these materials and delivers them to the Verkhovna Rada of Ukraine. To make the decision.

8. If the land area is provided by the decision of the Cabinet of Ministers of Ukraine or by the consent of the Cabinet of Ministers of Ukraine, the agreed project of the land-laying land is served in accordance with the Council of Ministers of Autonomous Region of Ukraine. The republics of Crimea, the regional, Kiev and Sevastopol city state administrations that view it and in the lunar lines serve as a marked project with their proposals and a positive conclusion of public examination of land-based documentation to The Cabinet of Ministers of Ukraine for the adoption of the relevant decision.

9. If the land area is provided by the Supreme Council of the Autonomous Republic of Crimea, the agreed project is a land transfer project (and in the case of the need for compulsory public examination of land-based documentation) According to the law-upon receipt of a positive conclusion of state expertise) is submitted to the Council of Ministers of the Autonomous Republic of Crimea, which considers it and in lunar lines a project with its proposals to the Supreme Council of the Autonomous Republic of Crimea. Republic of Crimea ".

In this regard, the ninth is considered to be the tenth of twelve;

after part of the tenth complement of two new parts of this content:

" 11. In the event of giving land ownership to the permanent use of businesses, institutions, communal property organizations are at the same time the transfer of land plots of state ownership to communal property and vice versa.

12. On the basis of the decision of the transfer of the building, the building, another object of the real estate of the state ownership, is made by the decision to transfer to the communal property of the land on which the transmission object is located.

Based on the decision of the transfer of the building, the building, another object of the real estate of the communal property of the state property, is also transferred to the state property of the land on which the transmission object is located. "

In this regard, parts of the eleventh and twelfth are considered as part of the thirteenth and fourteenth;

(13) In the paragraph of the first part of the first article 133, the words "land areas which belong to citizens and legal persons on the right of property" would replace the words "land areas of public, communal and private property unless otherwise established by law";

(14) complement the article 148 - 1 such content:

" Article 148 - 1 . Ownership of the land ownership

1. To the person who has acquired ownership of another person, since the transfer of ownership to land transfers the rights and duties of the previous owner of the land area under the current treaties The lease, the superfition, the emphyteitse, the land service of such a land area.

2. In the case of a transfer of ownership of a land residing in constant use, from state to territorial community or from the territorial community to the state to the ouster of land transfers the rights and duties of the owner of the land The area is based on the legal relationship of permanent use.

3. The ownership of a land property for one month on the day of the ownership of the property is required to report it to its users:

(in presence), location and land area;

naming (for legal persons), surnames, name, by parent (for physical persons) of the new owner;

The residence (finding) of the new owner, its postal address;

Payment requisitions (if the law or contract is intended to pay for the use of land in monetary form).

The message is sent to the user of the land area recommended by the letter with the message of the award or is given to it in person below the statement.

The message of the transfer of ownership from the state to the territorial community or vice versa is subject to the publication in print media of the local distribution with the cadastral number, location and location Land area.

4. On the consent of the parties to the lease, the superfite, the emphyteesse, land service, or the application of such a treaty may be amended with the value of the new owner of the land.

5. This article is possible to extend the transfer of authority from one public authority to another at the disposal of the land plots of state property, which are in their constant use ";

15) in Article 150:

In the title of the word "their removal", replace the words "termination of rights";

part of the first and second teaches in such an editorial:

" 1. Particularly valuable land includes:

(a) In the agricultural land: Chernobyl is uneroded, uneroded on forest rocks; light-black unsalted unsalted dried soils; dark grey underzoated soils and cherries are exposed to forests and gaglids; storms Mountain-forested and derneous deep and medium-deep soils; dernealing soil; brown soils of the South Coast of Crimea, the derneal deep soils of the Carpathian Mountains;

(b) Peeling at the depth of the peat of the peat of more than one meter and drained irrespective of the depth;

(b) The land provided in the permanent use of the NJSC "Masandra" and the enterprises entering its composition; the land of the research fields of research institutions and educational institutions;

(g) The land of nature-conservation and other conservation, the land of historical and cultural purposes.

2. The termination of the right to permanent use of land, especially the securities defined in paragraphs "in" and "g" of the first article, with the basis of voluntary refusal by them or by means of removal The Verkhovna Rada of Ukraine ";

16) in Article 173:

Part of the third set in this edition:

" 3. The inclusion of land in the district, village, village, city, city, district in the city does not entail the termination of ownership and the rights of use of these regions, except for the land of the land designated as part of the fourth of this article ";

complementing part of the fourth such content:

" 4. The land and land areas of state property included in the boundaries of the settlement (except for land that cannot be transferred to communal property) are transferred to the territorial community. The decision to establish the boundaries of the settlement and the extraction from the State Land Cadastre on the limit of the respective administrative territorial unit and the respective land areas, the ownership of which moves to the territorial community, is The basis for public registration of the ownership of communal property in such land areas ";

17) in part 2 of the second article 209, "the separation of lands of state and communal property" to exclude;

(18) Items 10 to 12 of the "Transitional provisions" section to exclude.

2. In Article 7 Law of Ukraine "On the transfer of objects of law of state and communal property" (Information of the Verkhovna Rada of Ukraine, 1998, No. 34, pp. 228; 2000, No. 5, p. 35; 2001, No. 9, p. 39; 2005, No. 25, p. 333; with changes made by the Law of Ukraine dated 17 May 2012 No. 4712-VI):

part of the sixth is taught in such an editorial:

" 6. The ownership of the transmission object arises from the date of the signing of the transfer act, and in cases provided by the law, from the day of the State registration of this right ";

Add part to the seventh of the following:

" 7. The transfer of an object to a state or communal property is the basis for the transfer according to the state or communal property of the land on which the transmission object is located. The cadastral number and size of such a land are noted in the decision of the body specified in Article 4 of this Act, about the transfer of an object to the public or communal property. "

3. In The Law of Ukraine "On Land Use" (Information of the Verkhovna Rada of Ukraine, 2003, No. 36, art. 282 with the following changes):

(1) Paragraph 25 of the second article to exclude;

(2) Article 46 shall be supplemented by part of the thirteenth such content:

" The constituent part of the land plan for establishing and changing the boundaries of the settlement is the list of land areas of state property (with the designation of their cadastral numbers, location, area and target) that are transferred to the communal area. Ownership of the relevant territorial community ";

(3) Article 49 to exclude;

(4) Part of the first article 50 is taught in such an editorial:

"The project for land transfer is being developed in the event of a new land area (except for division and unification) or to change the target target of land."

4. Part 4 of Article 4 Law of Ukraine "On lease of land" (Information of the Verkhovna Rada of Ukraine, 2004, No. 10, p. 102) set out in such an editorial:

"The tenants of land ownership are the executive authorities, who are in accordance with the law to transfer land areas to property or use."

5. Abzac sixth part of the first article 9 Law of Ukraine "On State Examination of Land-Order Documentation" (Information of the Verkhovna Rada of Ukraine, 2004, No. 38, pp. 471; 2008, No. 48, pp. 358; 2010, No. 5, pp. 40; with changes made by the Law of Ukraine of 21 June 2012 No. 5003-VI) to exclude.

6. Paragraph 4, section II, "Final and transitional provisions" Law of Ukraine "On Amendments to the Law of Ukraine" On State Registration of Property Rights on Real Property and Their Restrictions "and Other Legislative Acts of Ukraine" (Information of the Verkhovna Rada of Ukraine, 2010, No. 18, art. 141; with changes made by the laws of Ukraine on December 9, 2011 No. 4152-VI and from 4 July 2012 No. 5037-VI) to exclude.

7. Item 4 of the "On the Council of Ministers of the Autonomous Republic of Crimea" (Information of the Verkhovna Rada of Ukraine, 2012, No. 2-3, pp. 3) to exclude.

8. In Law of the Land of Ukraine (Information of the Verkhovna Rada of Ukraine, 2012, No. 8, pp. 61):

(1) In the paragraph of the first part of the first article 32, the words "the administrative and territorial unit and the approval of the documentation of the land order", replace the words "administrative-territorial unit, the approval of the documentation of the land establishment";

(2) In section VII, "Final and Transitional Provisions":

The seventh sub-item "b", paragraph 2, of paragraph 5, shall be set out in this edition:

"by identifying the boundaries of the land or communal property for projects of land concerning the order of settlements";

in paragraph 7 of the word "Before the separation of land and communal ownership of land of land, not transferred to property and use" to replace the words "Prior to public registration of law of state or communal property" Land plots of land based on land and communal land. "

II. Final and Transitional Provisions

1. This Act is effective from 1 January 2013.

2. To recognize that which is lost Law of Ukraine "On the separation of lands of public and communal property" (Information of the Verkhovna Rada of Ukraine, 2004, No. 35, p. 411; 2008, No. 27-28. 253; 2009, No. 23, pp. 281; 2012, No. 8, pp. 61).

3. From the present day of entry into force, the communal property of the communal property of the relevant territorial communities is considered to be:

(a) Land areas:

Where the buildings are located, buildings, other real estate objects of the communal property of the respective territorial community;

which are in the constant use of the bodies of local government, utilities, institutions, organizations;

(b) All other land located within the respective localities except for land areas of private property and land areas specified in sub-paragraphs "a" and "b" to "paragraph 4 of this section".

4. State ownership remains:

(a) Located within the localities of land:

Where the buildings are located, the structures, other objects of the real estate of the state property;

which are in constant use of the bodies of state power, state enterprises, institutions, organizations, the National Academy of Sciences of Ukraine, the state industry academies of sciences;

which are part of the Land of Defence;

(b) Land facilities used by the Black Sea Fleet of the Russian Federation in the territory of Ukraine on the basis of international treaties, the consent of which provided by the Verkhovna Rada of Ukraine;

(b) Land of the exclusion and unconditional (compulsory) exclusion of radioactive contamination due to the Chernobyl disaster;

(g) All other lands located outside the localities except for land areas of private property and land areas specified in sub-item "a" in paragraph 3 of this section.

5. State registration of the right of state or territorial community on land referred to in paragraphs 3 and 4 of this section shall be carried out on the basis of statements by the bodies which according to Article 122 Land Code of Ukraine Transfer land to property or to use, which is added from the State Land Cadastre to the appropriate land area.

6. In case of information on land plots, specified in paragraphs 3 and 4 of this section have not been made to the State Register of Lands, granting permission to develop documentation on land that is the basis for the State registration of land such as land; and its approval shall be carried out:

Within settlements-rural, rural, urban councils;

Beyond the borders are the executive authorities, who are in accordance with the law by carrying out such land areas.

7. From the day, the land and communal property in Ukraine is considered to be dispersed.

8. In case of the boundaries of villages, villages, towns are not set according to the requirements of Articles 174, 175 and 176 Land Code of Ukraine , the definition of the boundaries of state and communal property is carried out in view of the boundaries of the settlements established in the State Land Council.

9. The State registration of land rights to land and communal property specified in paragraphs 3 and 4 of this section shall be carried out in the order established by the law.

{Paragraph 9 of section II in the revision of the Law No. 233-VII of 14.05.2013 }

10. The decision to approve the land and communal property projects approved prior to the Act, along with extracts from such projects with the definition of cadastral numbers of land Projects prior to public or communal property are the basis for the exercise of the state registration of land and state registration of the ownership of the state, the territorial community to land areas.

11. The materials of land and communal property land projects developed, but not approved prior to force under this Act, can be used in the development of land and feasibility schemes. The rationale for the use and protection of the lands of administrative and territorial units, projects of land concerning the order of settlements, land inventory, and other land documentation.

12. The Cabinet of Ministers of Ukraine:

For six months from the day of publication of this Act, the Act is to be made into compliance with the Act;

for a year from the day of the publication of this Act:

to ensure the design of state authorities, state enterprises, institutions, permanent land rights organizations, which use the land areas of state property without documents that will make the right to Using them;

Ensure that buildings, structures, other real estate facilities, ownership of the property are not registered and ensure that the State registration is so right.

13. Local government authorities for a year from the day of publication of this Act:

Provide the design of communal enterprises, institutions, permanent land rights organizations, which use the land areas of the communal property without documents that make the right to use them;

to ensure the definition of buildings, structures, other facilities of the property of communal property, ownership of which is not registered, and to ensure that the public registration of such a right.