Andrew Koshil: «Local authorities, we will put before the fact: the part of the land you do not dispose of»





11.10.2010 19:25
Articles about real estate | Andrew Koshil: «Local authorities, we will put before the fact: the part of the land you do not dispose of» In the near future the Government intends to submit to parliament a package "land" a bill designed to unlock the sale selhoznadelov, simplify land acquisition for construction and eliminate widespread fraud scheme with plots of land.

The content of future laws "Comments" said a member of the Council of Entrepreneurs under the CMU, the president of the Land Union Andriy Koshil

- One of the key bills in the regulation of land relations will draft a document stipulating the procedure for demarcation of lands of state and municipal property, while a law already exists. Why is there a need to adopt a new version of this document?

- While not conducted division, local councils and regional administrations may dispose of public lands. As a result, private owners of land accrue over communications, pipelines, areas that would be used for the construction of roads. Of the approximately 34 million ha to be disengagement, 29.25 million hectares remain nerazmezhevannymi. Of these, about 11 million hectares - of agricultural land. Delay in the disengagement in the field explain the lack of necessary funds. After all, the relevant work under the existing legislation, to be funded from local budgets. Now preparing a bill on land demarcation will assume that the disengagement will happen right across the country and for the money the state budget. That is, we will not wait for years until local authorities decide on the division but just put them before the fact: you are part of the land is no longer dispose of.

- Who will manage the public lands?

- This will set up a special body - the foundation of Land Management. It is desirable that this was an independent state agency, not the department in the structure of the State Property Fund or the State Committee. The objectives of the fund will also include regulation of agricultural lands. For example, in Russia, such experience is available. According to our estimates, the country now has at least 4.5 million hectares of such land. Price of such redemption will be kind of indicator for the market, that is, the investor will not be able to offer less for the farmer put it on. Many owners of the units - the elderly, who are more likely to sell land to the state, than entrepreneurs. I think we can also provide a mechanism whereby, before selling the stock, the farmer would have to propose to his foundation.

- That the fund will do with these lands?

- Same as with SPF State Property - rent, lease, sell to strategic investors at auctions. A promising direction could be growing in these lands of agricultural crops to produce biomass and use it for heating and biofuels, biogas (of course with all the rules for the protection of soil fertility). A fund can become a party to a public-private partnerships, contributing to the project land as a contribution on behalf of the state.

- When the expected introduction in the lives of these initiatives?

- Technically, the disengagement could be held a maximum of six months. With the creation of a new land fund can get away with the same period. One of the main zagvozdok may be the absence of a functioning land register. Today from 26 million sites it includes data only about 10 million, ie less than 40% of the land. The boundaries of many settlements to be determined. The most glaring example - Kiev. This means that the land border can claim and the city council and, for example, Brovarska district administration (a recent example - the allocation of land on the island of Murom). Therefore, in parallel to address the issues of filling and operation of the cadastre - without it can not control the situation and ensure the rights of land ownership.

- Perhaps a better solution to this problem would be complete elimination is now contained in the Land Code regulations stipulating the possibility of free land allocation?

- In our expert opinion, the free privatization of land to do it. Because now it is often the way builders get land. As a result of capitalizing certain officials, and local budgets money is not forthcoming. While there is an opportunity to get an attractive area for "free" scheme, it is impossible to organize a full-fledged land auctions. But the problem lies in the fact that the Constitution does not allow to narrow existing rights and freedoms of citizens. Although to be fair to say that the moratorium on the sale of agricultural land - is also a violation of constitutional rights. Now we are thinking about how under the current legal framework to resolve the issue.

- What procedures are in the land sector will be easier?

- The ultimate goal, which declares the government - the possibility of registration of all land records within two to three months. Right now large investors bureaucratic red tape can take years. First of all, everything from licensing conditions in the land sector, experts in cartography and geodesy, and finishing the site design, not necessary for this final list of documents. Accordingly, what documents are needed, solves the official. Secondly, there is no standardized procedures for issuance of land acquisition projects. For example, in one district of Kiev region need to bring a certificate of non-building on the site, and in the other - that you no longer allocated plots on the territory of Ukraine. Since the inventory today has an exhaustive database, it is theoretically necessary to go to control zemresursov in each area and take out there this help. Naturally, the problem is quickly solved with the proper "argument." If the documentation is unified, set clear deadlines and responsibilities of officials, as well as earn the principle of tacit consent, it will be a major simplification.

Yuri SHCHERBINA
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