The Cabinet of Ministers of Ukraine № 7418 bill on the regulation of urban planning (to reduce licensing procedures in construction), tabled in parliament on December 2 this year, suggested that the holding of land sales from the list of licensed types of economic activity. UNIAN was informed about the law firm of ILF (Inyurpolis), commenting on the bill.
"The bill excludes from the list of licensed types of business conduct land auctions. Now they will be able to carry out any person or entity. And any claim to such individuals in the bill does not include", - said partner ILF, lawyer Jaroslav ONIC.
The bill proposes to present part 3 of art. 137 of the Land Code in new revision. In particular, it is proposed to determine that the organizer of land sales is a public authority, local authority, the executive body of rural, village, city council or state agency privatization, empowered to dispose of land held for sale, or State Executive in accordance with the decision of the court .
While conducting land auctions provide legal or natural person - litsitator under contract with the relevant body of rural, village, city council or state agency privatization.
The contract with the entity conducting the auction, and litsitatorom necessarily provide them financial responsibility in case of improper performance of their duties.
According to counsel, an interesting point in the bill is that the land public or community property will be provided for the construction of the decision of the executive body of the local council or local executive authorities on the basis of land sales, rather than local councils, as is done now. The list of cases where land can be transferred without the auction is extended by two points.
One of them states that if the bid declared invalid because of the presence of only one buyer, the land is transferred to this single buyer. The second paragraph is authorized to transfer territory without auction in the case of renewal of the right of permanent use to the ownership or use of the site.
Help UNIAN. Law Firm ILF («Inyurpolis") was founded in 1994 and provides both legal advice and due diligence in business consulting.