Formed experience suggests that virtually every reform in Ukraine - a political phenomenon, and the inevitable, the phenomenon is not always logical, and in some cases contradictory, phenomenon, not a consequence of the evolution of balanced development, but which bears clearly revolutionary, interlocking series of relationships in the period of its implementation and, more importantly, does not depend on professional judgments and arguments.
Related article: The bill «On the land» excludes the formation of large estatesThe land reform promised by January 1, 2012 - will not be an exception. The adopted Law of Ukraine "On State Land Cadastre", registered a bill "On the ground» № 9000-1 dignified confirmation of the forecast.
Before the final and irrevocable implementation of land reform remained 5 months if you follow the bill № 9000-1 «On land market" in the current edition, and, of course, considering the experience. If experience shows that reform can not be prevented, therefore, need to have time to prepare for the upcoming novels and for the interested party would like to recommend the following.
Recommendation 1. Time to change the purpose of agricultural land until January 1, 2012.
At the moment because of paragraph 15 of the Transitional Provisions of the Land Code of Ukraine, can not change the purpose of the land of private ownership of agricultural commodity production, a subsidiary farm, isolated from the unit. However, until you can not change the purpose of the land for farming, gardening, farms, private farm, not isolated from the unit. Further still completely absent bans on changing purpose / use with / agricultural land of state / municipal property. But with the coming into force of the law "On the earth," from 1 January 2012 it is planned to introduce a ban on changing purpose of land with a / d destination (all kinds), which were acquired from the state / municipal property for 10 years. However, the ban will not apply to land with / r appointment, acquired before the entry into force of the law. Changing the purpose of land for agricultural production, farming, farm personnel acquired after January 1, 2012, allowed the bill solely on the basis of approved in accordance with the law of the land development schemes of the administrative-territorial units, containing zoning categories according to their .
Understanding the two-faced this situation, the citizens of Ukraine recommended time to privatize the land with the purpose - for farming. For privatization of land farming is not due to the spread of a moratorium on these operations, the lack of constraints at the moment to change their intended use / purpose, and a substantial area of land that can be obtained in private ownership (the maximum size of the currently limited to 100 acres in one hand, including the privatization of toll). Subsequently, it is desirable to "X hours" to change the purpose of the acquired plots of land for agricultural production or part-time at all to withdraw from the category of agricultural lands to ensure their free disposal is not subject to the law of the land market.
Recommendation 2. State district / regional administrations is recommended to lose no time to carry out technical inventory of vacant land and exclude them from the agricultural land being brought into the land of other categories, etc.
The recommendation stems from the fact that at present it is the district, and in some cases, regional administrations have the power to order, including the change of purpose / use of the land c / r for use within settlements (except arable and valuable land). They are still allowed to sell land / g use of state property, but they may change their destination. On January 1, 2012 to dispose of land with / x destination outside settlements will Goszemagentstvo and its regional offices.
Recommendation 3. Interested citizens of Ukraine and their families should think about creating farms, pre-privatizing or acquiring land.
On January 1, 2012 farmers will be able to acquire any land with / x-purpose, including commercial land for a / v production, in contrast to other legal entities. It is assumed that farmers will sell to individuals as integral property complexes. But the farmers will have to have higher agricultural education or relevant work experience.
Recommendation 4. If we really intend to engage in agricultural business, then think how we can work around the limitations of maximum land area agricultural production through land consolidation.
The bill "On the Land" provides that the maximum area of land for agricultural production in the private property of one person as a whole can not exceed 2100 hectares.
The area of land designated use another category of agricultural land is not limited to maximum sizes.
In this case, consolidation is entered agricultural land. The initiator of the consolidation of land with / g for the creation of a land use of the array are those with at least 75% of the land of the array. The consent of the owners of 25% of the land of the array is not required, but they are also obliged to carry out activities under the project of consolidation of agricultural land. Allowed free transfer of land ownership in the field of roads.
Recommendation 5. If we rent the land from / x to the appointment of his redemption after the lifting of the moratorium, we do not have to assure the best of the tenant the right of priority.
Thus, entities that do not have the status of the farm, and leases land for agriculture commodity production can not buy them in the property. But pre-emptive right to acquire land for private ownership of OSG and trade with the / x production will Goszemagentstvo, the local authority, the owners of adjoining land. A person who intends to dispose of agricultural land is required to notify the subjects of pre-emptive right to buy land and put an ad in the local press at the location of the land, specifying the price and other terms on which he sells it.