On Introduction Of Amendments To Certain Legislative Acts Of Ukraine On The Delimitation Of The Lands Of State And Communal Property

Original Language Title: Про внесення змін до деяких законодавчих актів України щодо розмежування земель державної та комунальної власності

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Read the untranslated law here: http://zakon3.rada.gov.ua/laws/show/5245-17

The LAW of UKRAINE on amendments to certain legislative acts of Ukraine on the delimitation of the lands of State and communal property (Supreme Council (BD), 2013, no. 36, item 472) {amended by law No. 233-VII from 14.05.2013, VVR, 2014, no. 11, 136} Verkhovna Rada of Ukraine decides: I. Make changes to the following acts: 1. The land code of Ukraine (the Supreme Council of Ukraine , 2002, no. 3-4, art. 27): 1) click the "e" of article 6 to lay out in the following wording: "e) agreeing on issues related to the change in the purpose of valuable lands of State and communal property, termination of right of permanent use of them in accordance with this code;

2) the first part of article 15 supplement to "and" such content ") the disposal of State-owned agricultural lands in accordance with the powers defined by this Code;

3) article 20 supplemented by parts of the sixth and seventh the following contents: "6. Rezoning valuable land is permitted only for placing on them the objects of national importance, roads, power lines and communications, pipelines, drainage and irrigation canals, geodetic points, shelter, socio-cultural objects associated with the extraction of minerals, oil and gas drilling and production facilities associated with their operation, and also in case of alienation of land for public needs or for reasons of public necessity , inclusion of land specified in points "a" and "b" of article 150 of this code, to the lands of natural-reserved Fund and other conservation lands of historical and cultural purposes.

Inclusion of especially of State or communal property, defined in points "a" and "b" of article 150 of this code, to the lands of the other categories is carried out with the consent of the Verkhovna Rada of Ukraine.

Approval of materials, location of the object, which is supposed to put on a plot of especially of State or communal property with the change of its purpose, is carried out with the consent of the Verkhovna Rada of Ukraine in accordance article 151 of this code.

7. the rezoning of land natural reserve and other conservation, forestry, historical-cultural destination, that are in State or municipal ownership shall be made in agreement with the Cabinet of Ministers of Ukraine ";

4) of the second article 77 lay in the following wording: "2. the Earth defense may be the only State property;

5) article 83: part the second lay in the following wording: "2. in communal property are: a) all lands within the settlements, in addition to the plots of private and State property;

b) plots of land, which are buildings, structures, and other objects of the real estate community property irrespective of the place of their location;

After part two to complement the new part of the following content: "3. the State-owned plots of land that are supposed to be used for the placement of objects, designed to serve the needs of the local community (communal enterprises, institutions, organizations, community pastures, cemeteries, places of disposal and recycling, recreational facilities, etc.), as well as land in accordance with the approved planning documentation is supposed to include in the boundaries of the settlements, according to the decisions of the Executive are transferred to communal property".

In this regard, part of the third-fifth count in accordance with parts of the fourth-sixth;

in part the Fifth: item "b" lay in the following wording: "b) exclusion of land for public needs and for reasons of public necessity according to law";

Click on "g-1" deleted;

second part of the sixth put in the following wording: "the aforesaid land is carried out in accordance with the law";

6) article 84: part the second lay in the following wording: "2. The right of State-owned land is acquired and implemented by the State through the executive authorities in accordance with the powers defined by this Code;

part of the third excluded;

in part four: click "with" lay in the following wording: ") land, reserved for the higher educational institutions of the State form of ownership;

Click "exclude;

Add to "and" such content ") plots of land used by the Black Sea fleet of the Russian Federation on the territory of Ukraine on the basis of international agreements, consent to be bound by the Verkhovna Rada of Ukraine";

Click the "e" part five excluded;

7) Article 86: the name lay in the following wording: article 86. Joint ownership of the land;

part of the second lay in the following wording: "2. The subjects of the right of common ownership of land can be citizens and legal entities, as well as the State, territorial communities";

8) in article 116: the name to add the words "of the lands of State and communal property";

part of the fifth put in the following wording: "5. the land, which are in the ownership or use of citizens or legal entities, are passed to the property or use of the decision of the bodies of executive power or bodies of local self-government, only after the termination of the right to property or use them in a manner specified by law";

9) article 117 lay in the following wording:


"Article 117. The transfer of State-owned land plots to communal ownership of land or municipal land in State property 1. The transfer of State-owned land in communal property or vice versa is carried out by the decisions of the relevant bodies of executive power or bodies of local self-government, which carry out the disposal of the lands of State or communal property in accordance with the powers defined by this code.

In the decision of the Executive power or bodies of local self-government on the transfer of land in State or communal property contains the register number of the land, its location, area, purpose, information about payment of rights to the land, limiting its use.

On the basis of decisions of bodies of executive power or bodies of local self-government on the transfer of land in State or communal property consists of acceptance of transfer of such land plot.

Decisions of bodies of executive power or bodies of local self-government on the transfer of land in State or communal property, together with the Act of acceptance and transfer of this land is the basis for the State registration of the ownership of the State, the local community on it.

2. the State-owned land that could not be transferred to communal property, owned plots of land used by the Black Sea fleet of the Russian Federation on the territory of Ukraine on the basis of international agreements, consent to be bound by the Verkhovna Rada of Ukraine, plots of land, which are buildings, structures, and other objects of the real estate of the State property, as well as land plots, which are in constant use and public authorities , State enterprises, institutions, organizations, except in cases of transfer of such objects in the communal property.

3. The land communal property, which can not be State property, land plots, which are buildings, structures, and other objects of the real estate community property as well as land plots, which are in constant use and local authorities, utility companies, institutions, organizations, except in cases of transfer of such facilities in the State property ";

10) article 118: in parts of the first and sixth words "appropriate district, Kyiv or Sevastopol City State administration or the village, Township, City Council at the location of the land" replace the words and figures "relevant executive authority or organ of local self-government, which transmits the plots of State or communal property ownership in accordance with the powers specified in article 122 of this code;

in the third part of the words "in accordance with the village, Township, City Council or the Council of Ministers of Autonomous Republic of Crimea, of the district, Kyiv or Sevastopol City State administration" replace the words and figures "to the appropriate executive authority or organ of local self-government, which transmits the plots of State or communal property ownership in accordance with the powers specified in article 122 of this code;

in a paragraph to the first part of the seventh and of the ninth "Council of Ministers of the Autonomous Republic of Crimea, regional, Kyiv or Sevastopol City State administration or village, settlement, City Council" to replace the words and figures "appropriate executive body or a body of local self-government, which transmits the plots of State or communal property ownership in accordance with the powers specified in article 122 of this code;

11) article 122 lay in the following wording: article 122. The powers of the executive authorities, the Verkhovna Rada of the Autonomous Republic of Crimea, local authorities regarding the transfer of land ownership or use 1. Village, Township, City Council transferring land ownership or use of the lands of the communal property of the corresponding territorial communities for all needs.

2. The Verkhovna Rada of the Autonomous Republic of Crimea, regional, District Council of the transfer of land ownership or use of the relevant land common property of local communities for all needs.

3. District State administration on their territory pass land from State-owned lands, except certain parts of the fourth and the eighth this article in property or in use within villages, towns, cities of regional importance for all needs and outside settlements: a) the keeping of water;

b) construction of objects associated with the residents of the local community district (schools, cultural institutions, hospitals, trade enterprises, etc.), taking into account the requirements of the seventh part of this article;

in) individual cottage construction.

4. the central body of the Executive power on the issues of land resources in the field of land relations and its territorial agencies convey the land for agricultural purposes of State property, except in cases determined by this article the eighth part of the property or the right to use for all needs.


5. Regional State administration on their territory pass land from State-owned lands, except certain parts of the third, fourth and eighth of this article, in the property or in use within cities of regional importance and outside the settlements, as well as land that is not included in a specific area, or in cases where the district State administration is not established, for all needs.

6. Kyiv and Sevastopol City State administration within their territories transfer land from State-owned lands, except certain parts of the fourth and the eighth this article in property or in use for all needs.

7. the Council of Ministers of the Autonomous Republic of Crimea on the territory of Autonomous Republic of Crimea, transfers the land to the State-owned lands, except certain parts of the third, fourth and eighth of this article, in the property or in use within villages, towns, cities, that is not included in a specific area, and outside the settlements for all needs, and also endorses the transfer of these lands in the property or in the use of the district administrations on their territory for construction of objects related to service the residents of the local community district (schools, cultural institutions, hospitals, retail etc.).

8. The Cabinet of Ministers of Ukraine conveys the plots of State-owned land in the property or in the cases specified in article 149 of this code, and the plots of the bottom of the territorial sea, as well as transfers of land for agricultural purposes of State property to the share capital of the State land bank, which is 100% owned by the State and is not subject to privatization.

9. privatization of State bodies engaged in the sale of land plots, which are objects that are subject to privatization;

12) article 123: the first part of the sixth paragraph add the following text: "the plots of State and municipal property, which are buildings, structures, and other objects of the real estate property that are in State and communal property are passed to the persons specified in paragraph" a "of part two article 92 of this code only on the right of permanent use";

in a paragraph to the first part of the second word "of the respective village, Township, city, district, Regional Council, the Cabinet of Ministers of Ukraine, Council of Ministers of the Autonomous Republic of Crimea, local State administration" replace the words and figures "relevant executive authority or organ of local self-government, in accordance with the powers specified in article 122 of this code, transfer ownership or use of such land;

part of the seventh and eighth to replace the three parts of this content: "7. If land is available for use with the consent of the Verkhovna Rada of Ukraine, approved the draft land development regarding the allotment of land is submitted to the Council of Ministers of the Autonomous Republic of Crimea, regional, Kyiv and Sebastopol city State administrations, with their suggestions and positive conclusion of the State expertise of land use documentation serves the specified project to the Cabinet of Ministers of Ukraine that treats these materials and submit them to the Parliament for the adoption of the corresponding decision.

8. If the land is available for use by the decision of Cabinet of Ministers of Ukraine, or by agreement with the Cabinet of Ministers of Ukraine approved the draft land development regarding the allotment of land is filed in accordance with the Council of Ministers of the Autonomous Republic of Crimea, regional, Kyiv and Sebastopol city State administrations, who are considering it in the month serves the specified project with their suggestions and positive conclusion of the State expertise of the land came to the Cabinet of Ministers of Ukraine to take the appropriate decision.

9. If the land is available for use by the Supreme Council of the Autonomous Republic of Crimea, agreed the draft land management regarding the withdrawal of land (and, if necessary, the implementation of the mandatory State examination of land use documentation in accordance with the law after receiving positive conclusion of State expertise) submitted to the Council of Ministers of Autonomous Republic of Crimea, which considers it and within a month the deadline gives the specified project with their proposals to the Supreme Council of the Autonomous Republic of Crimea. "

In this regard, part of the ninth-eleventh count in accordance with sections of the tenth-twelfth;

After part of the tenth Supplement two new parts of this content: "11. In the case of the provision of land plots of State property in the constant use of the enterprises, establishments, organizations of communal property simultaneously carried out the transfer of State-owned land in communal property and vice versa.

12. On the basis of the decision on the transfer of buildings, structures, another object of immovable property of State property in the communal property of the decision about the transfer to communal ownership of land, which is the object of transfer.

On the basis of the decision on the transfer of buildings, structures, another object of immovable property communal property in State property, also in the State property of the land, which is the object of transfer. "

In this regard, part of the eleventh and thirteenth respectively dive and take parts of the fourteenth;


13) in the first paragraph of article 133 of the words "land that belong to citizens and legal persons on the right of property to replace the words" land State, communal and private property, unless otherwise provided by law ";

14) supplemented by article 148-1 the following contents: "article 148-1. The transition of ownership of plots of land that are of use 1. The person who acquired ownership of the land that is in use by another person from the date of transfer of ownership to the land plot pass the rights and obligations of the previous owner of the land under the applicable agreements, superficies, emfìtevzisu, land easement on such land.

2. in case of transfer of ownership to the land plot, which is in constant use, from the State to the local community or from the community to the State to the purchaser of a land plot pass the rights and obligations of the owner of the land plot for legal permanent use.

3. A person who has acquired ownership of the land, within one month from the date of acquisition of ownership it is obliged to inform its users stating: cadastral number (if any), the location and area of the land plot;

name (for legal entities), the surname, name, patronymic (for natural persons) new owner;

place of residence (finding) a new owner, its mailing address;

payment details (if the law or the contract provides for payment for the use of land in cash).

Message to a user of land registered mail with return receipt, or be bestowed to him personally on receipt.

Notice of transfer of ownership from the State to local community or vice versa to be up publishing in print media, local areas of distribution, indicating the cadastral number, location and area of the land plot.

4. With the consent of the parties to the contract of lease, superficies, emfìtevzisu, land easement or lien to this agreement may be amended with an indication of the new owner of the land plot.

5. The requirements of this article shall apply to cases of transition of authority from one government body to another at the disposal of State-owned land plots that are in constant use.

15) article 150: in the title the words "their removal" replace the words "termination of rights on them;

the first and second parts lay in the following wording: "1. The valuable lands include: a) in the part of agricultural land: soils neerodovanì nesoloncûvatì on loess rocks; Lucky black earth nezasolenì nesoloncûvatì loamy soils; dark gray chernozem soil and chernozem soils on lesah and gleûvatì; Storm mountain forest and turf-burozemnì deep and medium deep soils; sod-pìdzolistì loamy soils; Brown soils of the southern coast of Crimea, cespitose deep soils of Zakarpattya;

b) the depth of peat more than one meter and dry regardless of the depth of;

in the Earth), rendered in permanent use NVAO "Massandra" and businesses that are its members; land research fields of research institutions and educational institutions;

g) natural reserves and other conservation, land of historical and cultural purposes.

2. termination of right of permanent use of land especially valuable lands identified in the points "b" and "d" of part one of this article, on the grounds of voluntary refusal from using them or by their extraction is carried out with the consent of the Verkhovna Rada of Ukraine ";

16) Article 173: part a third lay in the following wording: "3. The inclusion of land in border areas, villages, towns, cities, district in the city does not entail the termination of ownership rights and the right to use these areas, except the land specified in part 4 of this article;

Add the following contents Part 4: "4. The land and land plots of State property, are included in the boundaries of the settlement (except for land that could not be transferred to communal property), pass into the ownership of the local community. The decision to establish the boundaries of the settlement, and excerpts from the State land cadastre on the border of the respective administrative-territorial unit and appropriate land, ownership of which is transferred to the local community, are the basis for the State registration of the rights of communal ownership of such land;

17) in the second article 209 words "delimitation of State and communal property to exclude;

18) paragraphs 10-12 of section x "transitional provisions" to exclude.

2. in article 7 of the law of Ukraine "on the transfer of the objects of the right of State and communal property" (Supreme Council of Ukraine, 1998, no. 34, item 228; 2000, no. 5, 35; 2001, no. 9, art. 39; 2005, # 25, article 333; amended Law of Ukraine dated May 17, 2012 # 4712-VI): part of the sixth put in this edition "6. the ownership of the object transfer arises from the moment of signing the Act of acceptance and transfer, and in cases stipulated by law, from the date of the State registration of such rights;

supplement of 7 of the following contents:


7. transfer object state or communal property is the basis for the transfer in accordance with the State or communal ownership of land, which is the object of transfer. Register number and size of such land shall include in the decision of the authority specified in article 4 of this law, on the transfer of the corresponding object in the State or communal property ".

3. Law of Ukraine "on land management" (Supreme Council of Ukraine, 2003, no. 36, item 282 of the following changes): 1) click the "e" part two article 25 deleted;

2) article 46 of the supplement of the thirteenth such content: "part of the project of land management to set and change the boundaries of the settlement there is a list of State-owned land plots (showing their cadastral numbers, location, and purpose) which pass into the communal property of the corresponding territorial community";

3) article 49 to exclude;

4) the first part of article 50 lay in the following wording: "the project of land management regarding the withdrawal of land developed in the case of formation of new land (except Division and merging) or change the purpose of the land plot.

4. the fourth part of article 4 of the law of Ukraine "on lease of land" (the Supreme Council of Ukraine, 2004, no. 10, article 102) lay in the following wording: "the Landlords land plots that are in State property, is the executive authorities, which according to the law of transfer of land ownership or use.

5. the sixth Paragraph of article 9 of the law of Ukraine "on State examination of land use documentation" (Supreme Council of Ukraine, 2004, no. 38, item 471; 2008, no. 48, 358; 2010, # 5, 40; amended Law of Ukraine dated June 21, 2012 # 5003-VI) deleted.

6. Paragraph 4 of section II "final and transitional provisions" of the law of Ukraine "on amendments to the law of Ukraine" on State registration of rights to real estate and their limitations "and other legislative acts of Ukraine" (Supreme Council of Ukraine, 2010, # 18, 141; amended law of Ukraine of December 9, 2011 # 4152-VI and from July 4, 2012 # 5037-VI) deleted.

7. Paragraph 4 of article 19 of the law of Ukraine "on the Council of Ministers of the Autonomous Republic of Crimea" (Supreme Council of Ukraine, 2012, no. 2-3, item 3) to exclude.

8. Law of Ukraine "on the State land cadastre" (Supreme Council of Ukraine, 2012., no. 8, art. 61): 1) in the first paragraph of article 32 of the words "administrative-territorial unit and approval of documents of land management" to replace the words "administrative-territorial unit, approval of documentation with land management";

2) in the section VII "final and transitional provisions": paragraph seven subparagraph b of subparagraph 2 of paragraph 5 to lay out in the following wording: "by definition of the boundaries of land parcels of State or communal property for land management projects to streamline the areas of settlements;

in paragraph 7, the words "The delimitation of State and communal property of the formation of land plots of land supply, not transferred ownership and use" replace the words "to the State registration of the rights of State or communal property to the land forming the land through the lands of State and communal property".

II. Final and transitional provisions 1. This law shall come into force on January 1, 2013.

2. Recognize the validity of the law of Ukraine "on the delimitation of State and communal property" (Supreme Council of Ukraine, 2004, no. 35, 411; 2008, # 27-28, c. 253; 2009, no. 23, item 281; 2012., no. 8, art. 61).

3. From the date of enactment of this Act lands communal property of the corresponding territorial communities are: a) land: which are buildings, structures, and other objects of the real estate of communal property of the corresponding territorial communities;

which are in constant use and local authorities, communal enterprises, establishments, organizations;

b) all the other land, located within the respective localities, in addition to land ownership and land specified in sub-paragraphs a and b of paragraph 4 of this section.

4. In State property remain: a) are located in the settlements of land: which are buildings, structures, and other objects of the real estate of the State property;

which are in constant use of public authorities, enterprises, institutions, organizations, National Academy of Sciences, national academies of Sciences;

the land belonging to the defense;

b) plots of land used by the Black Sea fleet of the Russian Federation on the territory of Ukraine on the basis of international agreements, consent to be bound by the Verkhovna Rada of Ukraine;

in areas) of land alienation and unconditional (obligatory) resettlement, which have undergone radioactive contamination as a result of the Chernobyl disaster;

g) all other land, located outside the settlements, in addition to land ownership and land referred to in subparagraph a of paragraph 3 of this section.

5. The State registration of the rights of the State or territorial community on land specified in paragraphs 3 and 4 of this section shall be made on the basis of statements by the authorities in accordance with article 122 land code of Ukraine transfer land ownership or use, to which is attached an excerpt from the State land cadastre of the corresponding land.


6. If the information about the land mentioned in paragraphs 3 and 4 of this section is not included in the State Register of land, allowing the development of documentation of land management, which is the basis for the State registration of such land, as well as its approval are: within the settlements-village, town, city councils;

outside the settlements-by the executive authorities in accordance with the law, carry out the disposal of such land.

7. From the date of enactment of this Act the lands of State and communal property in Ukraine are considered to be split.

8. If the boundaries of villages, towns, cities are not established in accordance with articles 174, 175 and 176 of the land code of Ukraine, the definition of the boundaries of the lands of State and communal property is carried out taking into account the limits of the settlements mentioned in the public land registry.

9. The State registration of rights to land plots of State and communal property, referred to in paragraphs 3 and 4 of this section shall be made in the manner prescribed by law.

{Paragraph 9 of section II as amended by law No. 233-VII from 14.05.2013} 10. Decision on approval of projects and delimitation of State and communal property, approved before the enactment of this Act, together with the excerpt from such projects, indicating the cadastral numbers of land that include these projects to the State or communal property, are the basis for the implementation of the State registration of land plots and State registration of property right of the State, the local community on land.

11. land management projects, Materials concerning the delimitation of State and municipal land developed, but not approved before the enactment of this Act, may be used in the development of schemes of organization and feasibility studies of the use and protection of lands of administrative-territorial units, projects of land management to streamline the territory of settlements, land inventory of materials, as well as other documents of the organization.

12. the Cabinet of Ministers of Ukraine: within six months from the date of publication of this law to bring their regulations into conformity with this Act;

within one year from the date of publication of this law: to ensure the execution of the State authorities, public enterprises, institutions and organizations of the right of permanent use of land plots that use State-owned land without documents certifying the right to use them;

provide a definition of buildings, structures, and other objects of the real estate of the State property, the ownership of which is not registered, and ensure the implementation of the State registration of such rights.

13. Local Governments within a year from the date of publication of this law: to ensure the execution of municipal enterprises, institutions and organizations of the right of permanent use of land plots that use communal land ownership without documents certifying the right to use them;

provide a definition of buildings, structures, and other objects of immovable property communal property ownership that is not registered, and ensure the implementation of the State registration of such rights.

President of Ukraine Viktor Yanukovych Kiev September 6, 2012 # 5245-VI