LAW OF UKRAINE

of June 17, 2020 No. 711-IX

About modification of some legal acts of Ukraine concerning planning of use of lands

The Verkhovna Rada of Ukraine decides:

I. Make changes to such legal acts of Ukraine:

1. In the Water code of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 1995, No. 24, the Art. 189):

Item of 1 part one of Article 81 to state 1) in the following edition:

"1) observance of restrictions in use of lands within the water protection zones, coastal protective strips, beach areas";

2) in Article 88:

the seventh to state part in the following edition:

"Coastal protective strips in borders of settlements are established according to comprehensive plans of space development of the territories of territorial communities, master plans of settlements, and in case of their absence or if are not established by the specified town-planning documentation of border of such strips, they are determined 100 meters wide from urez of water of the seas, sea gulfs and estuaries, and for other water objects - according to part two of this Article. Borders of coastal protective strips, beach areas are specified in documentation on land management, town-planning documentation and are designated by executive bodies, local government bodies on the area information signs. Data on borders of coastal protective strips, beach areas are introduced in the State land cadastre as data on restrictions in use of lands";

the eighth to exclude part.

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

The Item "g"" to state 1) to part one of Article 6 in the following edition:

"") approval of the questions connected with the termination of the right of permanent use of especially valuable lands according to this Code";

The paragraph of the eighth Article 14-2 to state 2) in the following edition:

"observance of legal regime of use of the territories of the water protection zones, coastal protective strips and beach areas";

Article 19 to add 3) with part three of the following content:

"3. The parcel of land on the main purpose belongs to the corresponding category of lands, belongs according to the procedure, determined by this Code, to certain type of purpose which characterizes the specific direction of its use and its legal regime";

Article 20 to state 4) in the following edition:

"Article 20. Establishment and change of purpose of the parcels of land

1. In case of establishment of purpose of the parcels of land their reference to certain category of lands and type of purpose is performed.

In case of change of purpose of the parcels of land change of category of lands and/or type of purpose is performed.

2. Reference of the parcels of land to certain category and type of purpose of the parcels of land is performed relatively:

the parcels of land of which the Verkhovna Rada of the Autonomous Republic of Crimea, Council of Ministers of the Autonomous Republic of Crimea, executive bodies and local government bodies dispose, - according to the decision of relevant organ;

the parcels of land of private property - their owners.

Change of purpose of the parcels of land of the state-owned and utility property referred to category of lands of housing and public estate, lands of the industry, transport, communication, power, defense and other appointment, and also the parcels of land (except the parcels of land located in the territories and objects of natural and reserved fund) on which buildings, constructions which are in private property of the land user who uses the parcels of land as permanent use, lease, emphyteusis, superficies, can be performed by the land user are located. In that case change of purpose of the parcel of land does not require decision making of the Verkhovna Rada of the Autonomous Republic of Crimea, Council of Ministers of the Autonomous Republic of Crimea, executive body and local government body which performs the order the corresponding parcel of land.

Change by the land user of purpose of the parcel of land of the state-owned, utility property provided to it in use (except permanent use) without carrying out the land biddings for implementation of certain activities, shall not lead to implementation by it on such parcel of land of other activities (except arrangement cases on the parcel of land of buildings, the constructions which are in property of the land user).

3. The category of lands and type of purpose of the parcel of land are determined within the corresponding type of the functional purpose of the territory provided by the approved comprehensive plan of space development of the territory of territorial community or the master plan of the settlement.

Establishment of purpose of the parcel of land can be performed without observance of the requirements provided by paragraph one of this part in cases:

transfers of the parcel of land of the state-owned, utility property according to part three of article 24 of the Law of Ukraine "On regulation of town-planning activities";

preservation degraded and unproductive, tekhnogenno contaminated land;

references of the parcel of land to lands of natural and reserved fund and other nature protection appointment;

changes of type of purpose of the parcel of land within category of lands of agricultural purpose (except their reference to the parcels of land for gardening, change of purpose of the parcels of land under windbreak forest fields).

4. When entering into the State land cadastre of data on establishment or change of purpose of the parcel of land, belonging of the parcel of land to the corresponding functional zone it is determined by data of the State land cadastre.

Data on purpose of the parcel of land are entered in the State land cadastre.

5. The qualifier of types of purpose of the parcels of land, types of functional purpose of the territories and ratio between them, and also rules of its application with determination of categories of lands and types of purpose of the parcels of land which can be established within the corresponding functional zone affirm the Cabinet of Ministers of Ukraine. The specified qualifiers and rules are used for maintaining the State land cadastre and the town-planning inventory.

Reference of the parcels of land to certain to category and type of purpose of the parcels of land shall correspond to the qualifier and rules specified in paragraph one of this part.

6. Change of purpose of the parcel of land does not require:

developments of documentation on land management (except cases of forming of the parcel of land from the lands of the state-owned and utility property which are not created in the parcels of land);

decision makings of the Verkhovna Rada of the Autonomous Republic of Crimea, Council of Ministers of the Autonomous Republic of Crimea, executive body and local government body (except decisions on establishment and change of purpose of the parcels of land, the order which perform bodies).

7. Change of purpose of the parcels of land is approved in case:

if the parcel of land is in use as permanent use, lease, emphyteusis, superficies, in pledge - with the land user, the pawnbroker (whose signature on approval is certified notarially);

if the parcel of land belongs to lands of defense - with the Ministry of Defence of Ukraine or public authority performing management of military forming which sphere of management the military unit, organization, military school, the company and the organization which uses the earth of defense on the right of permanent use treats;

changes of purpose of the parcels of land of the state-owned and utility property of natural and reserved fund and other nature protection appointment, historical and cultural, forestry and landscape appointment as a result of which the parcels of land are removed from structure of such categories, and also changes of purpose of the lands determined by the Item of part one of article 150 of this Code - with the Cabinet of Ministers of Ukraine.

8. Change of purpose of lands of agricultural, forestry and landscape purpose is performed on condition of compensation by the owner of the parcel of land (and for lands of the state-owned and utility property - the user) losses of agricultural, forestry and landscape production, except the cases determined by the law. Entering into the State land cadastre of data on change of purpose of the parcel of land in such cases is performed on condition of provision by its owner (and for lands of the state-owned and utility property - the user) ensuring obligation fulfillment on compensation of losses of agricultural, forestry and landscape production, except the cases determined by the law in warranty type. The state cadastral registrar which enters data on change of purpose of such parcel of land in the State land cadastre by means of the software of the State land cadastre immediately notifies the organization which issued guarantee on approach of the basis for compensation of losses of agricultural, forestry and landscape production.

9. Change of purpose of especially valuable lands is allowed only in case:

placements of objects of nation-wide value on them, roads, power lines and communication, pipelines, drying and irrigation canals, geodetic Items, housing, subjects to welfare appointment, objects connected with mining, the oil and gas wells and factory buildings connected with their operation;

placements of objects of the industry on the lands determined by the Item "and" of part one of article 150 of this Code;

alienations of the parcels of land for social needs or based on social necessity, reference of the lands determined by the Items "and" and "b" of part one of article 150 of this Code to lands of natural and reserved fund and other nature protection appointment, historical and cultural appointment, forest fund.

10. Inclusion of the parcel of land with certain type of purpose in borders of functional zone does not involve obligation of change of type of its purpose irrespective of whether this type in the list of types of purpose which determination is possible within such zone belongs";

11. In case of change of purpose of the parcel of land of nonagricultural appointment with reference of such parcel of land to category of lands of agricultural purpose which owner is person who according to provisions of the Land code of Ukraine cannot acquire the property right to the parcels of land of agricultural purpose such parcel of land is subject to alienation within one year from the date of entering into the State land cadastre of data on the changed purpose of the parcel of land."

To exclude 5) in Article 38 of the word "in borders of settlements";

Part the second Article 58 to state 6) in the following edition:

"2. For creation of the favorable mode along the seas, around lakes, water storage basins and other water objects the water protection zones which borders are specified in documentation on land management, town-planning documentation at the local and regional levels are established. Data on borders of the water protection zones are entered in the State land cadastre.

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