Land be allowed to buy through nominees

21.07.2011 10:06
Articles about real estate | Land be allowed to buy through nominees The government sent to parliament draft law "On Land Market", the text is not changed in three weeks to discuss it.

The document, according to experts, will buy up agricultural land through nominees or fictitious farms. In Goszeme promise to prevent fraud by holding checks the source of funds for land purchase. But experts are adamant - to tighten state control over the actions of all participants in land transactions, writes Kommersant.

Related article: In Dnipropetrovsk City Council took the right to negotiate land issues

Verkhovna Rada made public the text of the bill # 9001-1 "On Land Market", filed yesterday by the government. The document proposed to allow to January 1, 2012 sale of agricultural land. However, this right will not be available to foreign citizens and companies with a share of nonresidents in the authorized capital of over 10%. Non-residents, who during the stay illegally purchased farmland in the year to voluntarily return to their state or disposition to undergo the procedure in court. Largest owners of farmland will be the state and territorial communities, which are organs through Goszema and local authorities will manage and sell.

Buying land can the citizens of Ukraine and farms that are not allowed to change the purpose of the site for 10 years. Resale of land in this period would only be possible when paying 30-100% of its regulatory assessment. Plots of agricultural purpose would be to buy directly from your dealer or at auction. Priority in the free privatization of the land will be the citizens who have received it in the lease or permanent use, last 5 years are farming, young professionals who have agricultural education, and those who buy low-yield land for their development. Citizen can not buy more than 2,100 ha in the steppe, in Woodland - 1,500 hectares in mountainous areas - 900-1100 ha. The lease term will be 20-50 years.

The day before the registration document his version of the bill registered member Gregory Smityuh the Party of Regions. He suggested expanding the list of entities eligible to purchase agricultural land due to agricultural companies, founded by resident legal entities and buying land for studies. "Restricting the purchase of farmland will be tougher - a maximum of 1,500 hectares on a single company or person - he said .- I propose to increase the regulatory cost of land in the 3-4 and prohibit its sale at a lower price due to the payment of duties."

Mr Smityuh said that he would not withdraw his bill if he does not approve the committee Parliament on agrarian policy and land resources, and it will be submitted for consideration at the session hall. Talking about the differences between the document from a government initiative, he said: "I propose to create gosregulyator in the market as the Land Fund, which will monitor the legality of land turnover."

Experts believe that both documents are in serious need of improvement. According to law firm partner, "Ilyashev and partners," Maxim Kopeychikova, it is necessary to prescribe more stringent conditions of consolidation of agricultural land and the powers of state control over their use. "Although the bill limits the maximum area of ​​land that can be owned by one person, you can concentrate much larger arrays using the instruments of relatives, as well as through the establishment of farms. It is necessary to prescribe more clearly what the relatives have the right to own land, legally define the status of the farm. In addition, the control should be for the entire chain of transactions: one who has bought, for which the funds from which they were received, "- said the lawyer.

Chapter Goszema Sergei Timchenko, told Kommersant that prevent fraud in the land market will be through control of the origin of the citizens: "Buying the land, the person must be to provide an income tax return, which clearly indicated where and how much money he received. If the declaration of the citizen be noted, for example, that the money for the purchase of land recently obtained, we will more closely monitor their source. I think that this control mechanism allows us to avoid buying plots dummies persons. "

According to Vice-President of the Association of Farmers and Private Landowners Stryzhak Nicholas, from the beginning of public discussion paper June 24 its contents are not changed. It survived collisions that trigger an illegal buying. "We proposed to prohibit purchase of land Agricultural Policy farmers. Because the law does not clearly define the organization, and there is a risk that a few dozen natural persons who own of 2,000 hectares each, can come together in such an enterprise. We are opposed to such a size the maximum area for a single owner . 250-300 hectares of land enough to provide for his family - said Mr. Strizhak.

- It is necessary to prohibit buying more than one third of agricultural land settlement, other local authorities would lose control. "Chairman of the Union of agricultural service cooperatives of Ukraine Ivan Tomic sure that the bill does not preclude the concentration of agricultural property to fund non-residents:" The document you want to prevent joint-stock land, that is to make it to the authorized capital of joint stock companies, which may have foreign owners. Thus, foreign companies are concentrated around 11 million hectares of agricultural land. "

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Content tags: land Legislation
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