The Ministry of Agrarian Policy answered the most pressing questions.
USAID Agricultural and Rural Development Experts Prepare answers to the most common questions about land relations during martial law. The answers to the most pressing questions can be found on the website of the Ministry of Agrarian Policy.
The Ministry clarified that the procedure for transferring land under martial law is in accordance with the law № 2145-IX.
:
– Who forms the lease agreement of the land plot of commodity agricultural production: the local self-government body or the district military administration? Is it a Word document or a program with the subsequent imposition of an electronic signature?
The contract is formed by its parties. Yes, it can be a Word file that will be signed by qualified electronic signatures by the tenant and the landlord.
– How to develop technical documentation for non-inventoried land plots: who will be the customer, can TG be the customer?
the authority authorized to lease the land and approve such authority.
– What is the procedure for the transfer of plots in which the purpose of the reserve land? Is it possible to transfer them for commercial agricultural production without the development of technical documentation?
Agricultural reserve lands are provided with a separate purpose code.
lease for commercial agricultural production must provide the site with a new purpose code.
At the same time, when changing the purpose, you need to enter information in the State Land Cadastre, which is not yet operational.
Therefore, the transfer of the reserve area will be possible after the cadastre is restored.
– What is the procedure for the electronic signature of the parties?
According to the law № 2145-IX, the lease agreement is concluded only in electronic form. The electronic document (file) of the contract is certified by qualified electronic signatures of the tenant and the landlord. >
The local council will be able to dispose of such land plots after they are recognized as an obscured heritage.
If the village council is unable to hold a session due to lack of quorum, is it possible to lease the land without a transfer decision?
According to Art. 59 of the Law of Ukraine “On Local Self-Government in Ukraine” the decision of the council is made at its plenary session after discussion by a majority of deputies from the general membership of the council.
Other questions and answers can be found at the link above.
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