Law of Ukraine «About the sale of land»

Legislative Acts of Ukraine in the sphere of real estate
DECREE
PRESIDENT OF UKRAINE


On the sale of land
non-agricultural

(C, as amended by Presidential Decree
N 399/2000 dated 09.03.2000)


In order to create conditions for effective use of land,
promoting entrepreneurship, investment promotion and
accordance with paragraph 4 of section XV "Transitional Provisions"
Constitution of Ukraine (254k/96-VR) n e w s a n about in I hereby:

1. Enter the sale of land
non-agricultural purposes in the public
or communal property.

2. To establish that the objects of sale in accordance with
this Ordinance are plots of land on which there are objects
immovable property, including unfinished construction
and mothballed facilities, privatized (alienated), respectively
with Ukrainian legislation.

3. The effect of this Ordinance shall not apply to:

land provided for use and transferred to
property of the citizens of Ukraine of the lands held in public
or municipal property, for ancillary
farming, construction and maintenance of residential houses and
outbuildings, cottage and garage construction,
horticulture, as well as citizens and legal persons of Ukraine for
of commercial agricultural production;

land located in the state or municipal
property and can not be transferred to the collective and private
property under Article 4 of the Land Code of Ukraine
(561-12).

4. To establish that the sellers of land
non-agricultural purposes are:

on communal ownership of land - rural, village, town
Board or their authorized bodies;

on state owned lands - district, regional, Kyiv region
and Sevastopol City State Administration, Council of Ministers
Autonomous Republic of Crimea. The decision to sell land
the bodies of executive authorities are taking the preliminary
agreement on these issues at sessions of the respective boards.

5. The buyers of non-agricultural land
destination can be:
citizens of Ukraine - the business entity;
entities of Ukraine.

Land non-agricultural use may
purchased by one buyer and multiple buyers in the general
joint or in common share ownership.

6. To establish that the non-agricultural land
appointments are sold to buyers who own immovable
property located on such land.

7. Plots of non-agricultural purposes,
be sold, determined annually in the list, which
approved by the Board or their authorized agencies, local
public administrations, the Council of Ministers of the Autonomous Republic
Crimea.

On the basis of the approved annual list of the relevant
local government units of land develop technical
passport for each land plot, which indicates its legal
regime, quantitative and qualitative characteristics, as well as its draft
disqualification.

Regulation on the technical passport of the land
non-agricultural purposes, which is to be sold,
approved by the State Committee on land resources.

8. Citizens - entrepreneurs and
legal persons of Ukraine, interested in buying land
non-agricultural purpose is served in the corresponding
Agriculture, township or city council or its authorized body,
Local State Administration, Council of Ministers of the Autonomous
Republic of Crimea application (petition) of a standard form. Pattern
application (applications) and the procedure for submission to be approved by the Cabinet
Ministers of Ukraine.
Village, township, city council or his designated agent,
Local State Administration, Council of Ministers of the Autonomous
Republic of Crimea within one month from the date of receipt of application
(petition) shall decide on the sale of land
non-agricultural use or to refuse it.
Seller has the right to refuse a buyer in the sale of land
non-agricultural lands in the event:
Failure of documents required for a decision on
sale of non-agricultural land;
identification of false information in the documents;
if it became known that the action was filed against the buyer of
bankruptcy or termination of the legal person.

9. Decision of Agriculture, township or city council or
authorized body, the local state administration, the Council
Ministers of the Autonomous Republic of Crimea is the basis for the conclusion
contract for the sale of land
non-agricultural use between buyer and seller.

Organization sale of land
non-agricultural purposes by local government
bodies of land resources.

Contract of sale of land
non-agricultural use is subject to notarial
certification and is the basis for registration of the relevant public
act on the ownership of this land.

10. The cost of non-agricultural land
destination is determined by the Ukrainian State Committee on Land
resource or its agencies on the ground on the basis of expert
monetary assessment.

Payment for non-agricultural land
appointments may be by agreement with the installment
payment.

11. Ownership of the acquired land there
after receiving the state act on ownership of land
issued to the buyer, subject to payment of the cost of purchased
land.

For the issuance of state acts on land ownership
charged in the manner and extent prescribed by
Cabinet of Ministers of Ukraine.

State act on land ownership is registered
local government bodies of land resources. Form of
act on the ownership of land approved by the Cabinet of Ministers
Ukraine.

12. Proceeds from the sale of land
non-agricultural purposes in the public
or municipal property, shall be credited in accordance with State
Budget of Ukraine or on the special budget bill boards, on
territories the acquisition of land. (Part
first paragraph of Article 12, as amended by Presidential Decree
N 399/2000 dated 09.03.2000)

(Part Two of Article 12 is excluded on the basis of the Decree
President N 399/2000 dated 09.03.2000) to compensate for the costs
associated with the organization of land sales
non-agricultural purposes, the accounts of local
government land transferred 10 percent
cost of land sold to non-agricultural
destination in the state or municipal property.

13. Disputes arising in the process of land sales
non-agricultural purposes shall be resolved by a court or
arbitral tribunal in the prescribed manner in accordance with their
competence.

14. Cabinet of Ministers within one month:

approve the sample application (applications) on the sale of land
non-agricultural lands and presentation
such a statement (application);

approve the form of an act of state ownership of land,
that will be issued to owners of land
non-agricultural purposes;

determine the order and the fees charged for issuing
State act on land ownership.

15. State Committee on Land Resources
approve within two weeks the situation on the technical passport
non-agricultural land,
be sold.

16. Assigned to the Cabinet of Ministers of Ukraine to provide official
clarification on this Ordinance.

17. This Decree shall enter into force in the manner provided
paragraph 4 of section XV "Transitional Provisions" of the Constitution of Ukraine.


President of Ukraine Leonid Kuchma

Kiev, 19 January 1999
N 32/99
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