LAW OF UKRAINE

of December 5, 2019 No. 340-IX

About modification of some legal acts of Ukraine concerning counteraction to raiding

The Verkhovna Rada of Ukraine decides:

I. Make changes to such legal acts of Ukraine:

1. In the Land code of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 2002, Art. No. 3-4, 27):

1) in Article 79-1:

state the name in the following edition:

"Article 79-1. Parcel of land as object of the civil laws";

add with part thirteen of the following content:

"13. The parcel of land stops existence as object of the civil laws, and its state registration is cancelled in case:

divisions or associations of the parcels of land;

cancellations of state registration of the parcel of land based on the judgment owing to recognition of illegal state registration;

if the corporeal right to the parcel of land registered in the State land cadastre according to the Law of Ukraine "About the State land cadastre" was not registered within year because of the applicant.

Adoption by court of the decision on cancellation of state registration of the parcel of land is allowed only with simultaneous suspension such solution of all corporeal rights, their restrictions registered concerning such parcel of land (in the presence of such rights, encumbrances)";

Part the second articles 100 after paragraph one to add 2) with two new paragraphs of such content:

"By agreement of the parties the agreement on establishment of land easement can be certified notarially.

The owner of the parcel of land can also establish the requirement of the notarial certificate of the agreement on establishment of land easement and cancel such requirement. Establishment (cancellation) of the requirement is the unilateral transaction which is subject to the notarial certificate. Such requirement is encumbrance of the corporeal rights to the parcel of land and is subject to state registration according to the procedure, determined by the law".

With respect thereto to consider paragraph two the paragraph the fourth;

3) in Article 102-1:

after part four to add with new part of such content:

"5. The payment for use of the parcel of land of the state-owned or utility property determined in agreements on right to use provision by others parcel of land for the agricultural needs (emphyteusis) or rights to use by others parcel of land for building (superficies) concluded at the land biddings cannot be reduced by agreement of the parties during the term of the agreement, and also in case of its renewal".

With respect thereto the fifth - the seventh to consider parts respectively parts six - the eighth;

the sixth to add part with paragraphs second and third such content:

"By agreement of agreement parties about right to use provision or for building can be certified by the parcel of land for agricultural needs notarially.

The owner of the parcel of land can also establish the requirement of the notarial certificate of agreements on right to use provision by the parcel of land for agricultural needs (emphyteusis) or for building (superficies) and cancel such requirement. Establishment (cancellation) of the requirement is the unilateral transaction which is subject to the notarial certificate. Such requirement is encumbrance of the corporeal rights to the parcel of land and is subject to state registration according to the procedure, determined by the law";

Chapter 19 to add 4) with Article 126-1 of the following content:

"Article 126-1. Renewal of the land lease agreement, agreement on establishment of land easement, agreements on right to use provision by the parcel of land for agricultural needs or for building

1. By the land lease agreement, the agreement on establishment of land easement, the agreement on right to use provision by the parcel of land for agricultural needs or for building the condition about renewal of such agreements can be established.

The condition about renewal of the agreement cannot be established in the land lease agreement, the agreement on establishment of land easement, agreements on right to use provision by the parcel of land for agricultural needs or for building concerning the parcels of land of the state-owned and utility property, except cases if on such parcels of land the buildings or constructions which are in property of the user or acquirer of right to use by the parcel of land are located.

2. If the agreement contains condition about its renewal after the termination of term for which he is imprisoned, this agreement renews for the same term and on such conditions. Renewal of the agreement renewal of the agreement without making by agreement parties of the written agreement on its renewal in case of lack of the statement of one of the parties for exception of the State register of the corporeal rights to real estate of data on renewal of the agreement is considered. Making of other actions by agreement parties for its renewal is not required.

3. The agreement party which wishes to use right of surrender from renewal of the agreement not later than month before end date of operation of such agreement, submits the statement for exception of this register of data on renewal of the agreement to the State register of the corporeal rights to real estate.

4. In case of lack of the statement for exception of the State register of the corporeal rights to real estate of data on renewal of the agreement before end date of operation of such agreement after approach of the corresponding end date of validity state registration of the corporeal right is prolonged for the same term";

Part third of Article 132 to exclude 5);

The paragraph of the twenty second part two of Article 134 to state 6) in the following edition:

"renewal of land lease agreements, the conclusion of land lease agreements for new term with use of the privilege of the lessee";

Part the eighth articles 135 after words "the parcel of land or" to add 7) with figures and the word "30 percent";

8) the twenty sixth Article 137 to add part with the second offer of the following content: "The document on payment together with the purchase and sale agreement, lease, emphyteusis, superficies of the parcel of land is the basis for state registration of the appropriate corporeal right of the winner of the land biddings to the parcel of land".

2. Article 113 of the Economic code of Ukraine (2003, Art. No. No. 18-22, 144) to add sheets of the Verkhovna Rada of Ukraine with part three of the following content:

"3. The member of private enterprise can establish the requirement of the notarial certificate of the agreement which subject is the share of such participant in the authorized capital of the relevant company and to cancel such requirement, data on what are entered in the Unified State Register of Legal Entities, physical persons - entrepreneurs and public forming according to the procedure, determined by the law. Such requirement of the participant, and also cancellation by the participant of this requirement is the unilateral transaction and is subject to the notarial certificate".

3. In Article 209 of the Civil code of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 2003, Art. No. No. 40-44, 356):

add part one with the paragraph the second such content:

"The owner of real estate has the right to establish (to cancel) the requirement of the notarial certificate of the agreement (introduction of amendments to the agreement) which subject is such property or its part, except cases if according to the law such agreement is subject to the notarial certificate. Establishment (cancellation) of the requirement is the unilateral transaction which is subject to the notarial certificate. Such requirement is encumbrance of the corporeal rights to real estate and is subject to state registration according to the procedure, determined by the law";

in part four of the word "Upon the demand of" shall be replaced with words "At will".

4. In the Forest code of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 2006, No. 21, the Art. 170):

1) in Article 13:

in part one of the word "from the moment of receipt of the documents certifying the property right to the parcel of land and their state registration by them" shall be replaced with words "from the date of state registration of the property right to the parcel of land";

third to exclude part;

Part the fourth Article 17 to exclude 2);

Item 5 of the Section VIII "Final provisions" to state 3) in the following edition:

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