Last week, the COP announced its decision regarding the crisis of the agrarian law, declaring it unconstitutional on the very formal reasons - because of the discrepancy between the date of publication, and effective decision-making document.
Along with him invalid and that one of the key rules of the document, which establishes a moratorium on the alienation of agricultural land until January 1, 2010, and although the ban on the sale of allotments is stipulated also in the Land Code, the lawyers argue that if desired such transactions will be easy to legislate, writes business capital.
In accordance with the decision of the COP Law № 922-VI «On amendments to some laws of Ukraine concerning the prevention of negative effects of the global financial crisis on the development of agro-industrial complex" from November 24 has become invalid as inconsistent with the Constitution.
According to the document NBU could refinance the only banks that lend to farmers and protracting their problem loans. It is these rules gave rise to Viktor Yushchenko appealed to the Constitutional Court with a proposal to declare the law unconstitutional because it violates Art. 13 Basic Law, stipulating equal rights for all business entities, as well as art. 41 concerning freedom of disposition of their property. The judges also recognized with Zhylianska controversial document unconstitutional because of non-compliance with its entry into force specified in the Constitution.
Along with the aforementioned provisions of the law specify and effect until January 1, 2010 moratorium on the sale of agricultural land. "Prohibition does not work from November 24. Such procedure is stipulated in Article 73 of the Law on the Constitutional Court, according to which the law recognized by the Constitutional Court inappropriately with the Basic Law, is no longer effective on the date of the corresponding decision ", - says in a comment" DS "lawyer bar association Koziakov Volkov & Partners Lesya Kovtun.
Controversial remains only the question of whether one can make out of the sale selhoznadelov after the abolition of the document. "The moratorium on the sale of agricultural land set transitional provisions of the Land Code, under which free sale of plots of state and communal ownership can be resolved only after the entry into force of the laws of the state land cadastre and land market", - the partner of law firm D & U Partners Igor Hasin.
However, according to Ms. Kovtun, attempts to appeal to the Land Code of the bankrupt, as its provisions concerning the ban on the sale of agricultural land before the coming into force of the laws of the land cadastre and land market have expired May 22, 2008 by decision of the COP.
"The fact that these rules were made to the Land Code, Law on Budget and took effect only from January 1, 2008 Until now, the term ban on the sale selhoznadelov placed before January 1, 2008
Thus, since May 22 last year formally restore the previous version of the situation, "- said the lawyer. Consequently, the moratorium has not acted since May 22, 2008 to March 17, 2009, the date of entry into force of the law number 922. Now the possibilities for the free sale and purchase of land, in effect, re-opened until the parliament does not make the appropriate changes in legislation.
"From 1 to 12 January 2007 moratorium also did not act because he was acting before the ban ended December 31, 2006, and the new, prescribed by the law of 19 December, was published and came into force only on January 13.
In connection with this scheme was extended, on which at that time signed a contract on alienation of land in writing, and then in court this agreement recognized as valid without the need for notarization, as provided by the Civil Code ", - said Igor Hasin. It is not excluded that such schemes might be revived now.