LAW OF UKRAINE

of April 28, 2021 No. 1423-IX

About modification of some legal acts of Ukraine concerning enhancement of management system and deregulation in the field of land relations

The Verkhovna Rada of Ukraine decides:

I. Make changes to the following legal acts of Ukraine:

1. In the Code of Ukraine about administrative offenses (The sheet of the Verkhovna Rada of USSR, 1984, appendix to No. 51, the Art. 1122):

1) in Article 52:

in paragraph one of part one of the word "and also rejection of measures for fight against weeds" to exclude;

add with part two of the following content:

"Rejection of measures for fight against weeds

involves imposing of penalty on citizens from twenty to eighty free minima income of citizens and on officials - from fifty to hundred free minima income of citizens";

Article 53 to add 2) with the note of the following content:

"Note. Provisions of this Article are not applied in case of overgrowing by bush and small forest of the degraded and unproductive lands requiring preservation and intended for afforestation";

The name and paragraph one of Article 53-3 to state 3) in the following edition:

"Article 53-3. Removal and transfer of soil cover of the parcels of land with violation of conditions of removal, preserving and use of fertile layer of earth

Removal and transfer of soil cover of the parcels of land with violation of conditions of removal, the preserving and use of fertile layer of earth determined in documentation on land management or in the absence of such documentation (except cases if according to the law of development of documentation on land management it is not required)";

The name and paragraph one of part one of Article 53-5 to state 4) in the following edition:

"Article 53-5. Violation of terms of consideration of the applications (petitions) for provision of permission to development of documentation on land management, approvals (refusal in approval) documentation on land management, making the conclusions to documentation on land management

Violation by the official of Council of Ministers of the Autonomous Republic of Crimea, executive body or local government body of the terms of consideration of the applications (petitions) for provision of permission to development of documentation on land management established by the law, approvals (refusal in approval) documentation on land management, making the conclusions to documentation on land management";

Part the second Article 55 to exclude 5);

Article 56 to state 6) in the following edition:

"Article 56. Destruction of land marks, damage or destruction of geodetic Items and networks

Destruction of land marks of borders of land use

involves imposing of penalty from five to ten free minima income of citizens.

Damage or destruction of geodetic Items of the State geodetic network, geodetic networks of special purpose

involve imposing of penalty from two hundred to five hundred free minima income of citizens";

To add 7) with Article 188-56 of the following content:

"Article 188-56. Failure to carry out of legal orders, instructions of officials of the bodies exercising the state control of use and protection of lands

Failure to carry out of legal orders or instructions, other legal requirements of officials of the bodies exercising the state control of use and protection of lands, or creation of obstacles in their activities

involve imposing of penalty on citizens from fifty to two hundred free minima income of citizens and on officials - from fifteen to forty five free minima income of citizens.

Not admission of officials of the bodies exercising the state control of use and protection of lands to implementation of actions of the state control

involves imposing of penalty on citizens from five hundred to one thousand free minima of the income of citizens and on officials - from one thousand to two thousand free minima of the income of citizens";

8) in Article 219:

to add part one after figures "44-3" with words and figures "Article part two 52, Articles 53, 53-1, 54, Article 56 part one", and after the word and figures "Articles 183" - figures "188-56";

add with part four of the following content:

"On behalf of executive committees (executive bodies) of village, settlement, city councils to consider cases on the administrative offenses provided by Article part two 52, Articles 53, 53-1-54, Article part one 56, Article 188-56, and officials of executive committees (executive bodies) have the right to impose administrative punishments, authorized to exercise the state control of use and protection of lands, the state inspectors on control of use and protection of lands of village, settlement, city councils";

And figure "provided by Articles 47 - 50, 52 - 53-1, 53-3 - 54" shall be replaced with words 9) in part one of Article 242-1 of the word also in figures "provided by Articles 47 - 50, Article 52 part one, Articles 53, 53-1, 54";

To add 10) with Article 242-2 of the following content:

"Article 242-2. The central executive body realizing state policy in the field of land relations

The central executive body realizing state policy in the field of land relations considers cases on the administrative offenses provided by Articles 52 - 56 and 188-56 of this Code.

On behalf of the central executive body realizing state policy in the field of land relations to consider cases on administrative offenses and the Chief state inspector of Ukraine on control of use and protection of lands and his deputies, the chief state inspectors on control of use and protection of the lands of the Autonomous Republic of Crimea, areas, the cities of Kiev, Sevastopol and their deputies, the chief state inspectors on control of use and protection of lands and the state inspectors on control of use and protection of lands of the corresponding territories has the right to impose administrative punishments";

"Legislations in the field of use and protection of lands and" figures and the word "52 - 53-4, 54 - 56", "and 188-5" to exclude 11) in part one of Article 244 of the word;

12) in Article 255:

add part one with Item 15 of the following content:

"15) state inspectors on control of use and protection of lands of executive committees of village, settlement, city councils (Article part two 52, Articles 53, 53-1, 54, Article part one 56, Article 188-56)";

to state Item 7-1 of part two in the following edition:

"7-1) public inspector on control of use and protection of lands (Article part two 52, Articles 53, 53-1, 53-4, 54)";

Part one of Article 288 to add 13) with Item 6 of the following content:

"6) the resolution of the state inspector on control of use and protection of lands of executive body of village, settlement, city council on imposing of administrative punishment - in district, district in the city, city or gorrayonny court according to the procedure determined by the Code of administrative legal proceedings of Ukraine taking into account the features established by this Code".

2. In the Code of Ukraine about subsoil (The sheet of the Verkhovna Rada of Ukraine, 1994, No. 36, the Art. 340):

Article 16 to add 1) with part of the seventeenth of the following content:

"The central executive body realizing state policy in the field of geological studying and rational use of subsoil provides information exchange with the State land cadastre for the purpose of provision through technological and software of the State land cadastre of the information on subsoil plots provided in use according to special permissions to use of natural resources";

Article 17 to add 2) with part eight of the following content:

"The central executive body realizing state policy in the field of geological studying and rational use of subsoil provides information exchange with the State land cadastre for the purpose of provision through technological and software of the State land cadastre of the information on subsoil plots provided in use according to mountain branches";

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

"Accounting of the subsoil plots provided in use is conducted in single state electronic geographic information system, providing maintaining which performs the central executive body realizing state policy in the field of geological studying and rational use of subsoil. The procedure for maintaining single state electronic geographic information system affirms the Cabinet of Ministers of Ukraine and shall provide possibility of introduction in it of data on the issued special permissions to use of natural resources, and mountain branches, in particular, at the initiative of subsoil users".

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

"Executive committees of village, settlement, city councils" shall be replaced with words 1) in part eight of Article 87 of the word "the bodies exercising the state control of use and protection of lands";

Article 89 to add 2) with part four of the following content:

"In coastal protective strips reconstruction, restoration and capital repairs of the existing objects is allowed".

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

1) in Article 8 part one:

in paragraph one of the word "in the territory of the area" to exclude;

add the Item "and" with words of "villages, settlements, the cities of area";

2) in Article 9:

in part one:

in paragraph one of the word "in their territory" to exclude;

in the Item "g" of the word "from lands of utility property" shall be replaced with words "utility property, permanent use";

to add the Item "g" after the word of "sites" with words of "private property";

"sites" to add the Item "d" after the word with words of "utility property";

and "і" to exclude the Items "and";

add with part two of the following content:

"Treats powers of executive bodies of the Kiev and Sevastopol city councils:

a) provision of data from the State land cadastre according to the law;

b) implementation of the state control of use and protection of lands in the limits and procedure established by the law;

c) implementation of other powers in the field of land relations according to the law";

3) in Article 10 part one:

in paragraph one of the word "in the territory of the area" to exclude;

in the word Item "and" of "the corresponding territorial communities" shall be replaced with words "territorial communities of villages, settlements, the cities of the area";

exclude the Items "in" and "e";

4) in Article 12:

in part one:

in paragraph one of the word "in the territory of villages, settlements, the cities" to exclude;

to add the Item "and" after the words "order lands" with words of "utility property";

in the Item "g" of the word "from lands of utility property" shall be replaced with words "utility property, permanent use";

to add the Item "g" after the word of "sites" with words of "private property";

and "є" to exclude the Items "e";

the second to state part in the following edition:

"In the field of land relations treats powers of executive bodies of village, settlement, city councils:

a) provision of data from the State land cadastre according to the law;

b) implementation of the state control of use and protection of lands in the limits and procedure established by the law;

c) implementation of other powers in the field of land relations according to the law";

5) in Article 15 part one:

exclude the Item "g";

state the Items "g" and "zh" in the following edition:

"ґ) ensuring maintaining and administration of the State land cadastre, protection of lands";

"g) implementation of other powers determined by the laws of Ukraine";

6) in Article 15-1 part one:

state the Item "e" in the following edition:

"e) the organization and implementation of the state control of use and protection of lands according to the procedure, established by the law";

in the Item of the word "and assigned to it by acts of the President of Ukraine" to exclude;

Article 15-2 to exclude 7);

8) in Article 20:

third to state part in the following edition:

"3. Change of purpose of the parcels of land of private property is performed at the initiative of owners of the parcels of land.

Change of purpose of the parcels of land which are not relating to the state-owned or utility property is performed by village, settlement, city council.

The project of land management concerning assignment of the parcel of land (except the parcels of land of the state-owned or utility property) which purpose changes, developed by request of the owner of the parcel of land without provision of permission of Council of Ministers of the Autonomous Republic of Crimea, executive body, local government body on its development.

The project of land management concerning assignment of the parcel of land is developed according to the procedure, established by the law.

The Council of Ministers of the Autonomous Republic of Crimea, executive body or local government body from the date of receipt of the project of land management concerning withdrawal of the parcel of land makes in a month the decision on approval of the project of land management on withdrawal of the parcel of land and change of its purpose.

The refusal of Council of Ministers of the Autonomous Republic of Crimea, executive body or local government body in change of purpose of the parcel of land or leaving of the petition without consideration can be appealed in court";

add with part eight of the following content:

"8. 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 this Code 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";

9) in Article 22:

third to exclude part;

the fifth to state part in the following edition:

"5. Acquisition in property of the parcels of land of agricultural purpose is performed taking into account requirements of article 130 of this Code";

Part one of Article 36 to add 10) with the paragraph the second the following content:

"The area of the parcel of land provided to the citizen in lease for truck farming cannot exceed hectare 0,6";

Chapter 7 to add 11) with Article 46-1 of the following content:

"Article 46-1. Restrictions in use of lands of the territories and objects of natural and reserved fund

1. The earth of the territories and objects of natural and reserved fund are used taking into account the restrictions in their use determined according to the Law of Ukraine "About natural and reserved fund of Ukraine" and regulations on these territories, objects.

2. The specific mode of protection, reproduction and use of lands of the territories and objects of natural and reserved fund extends to everything the lands and the parcels of land located within such territories and objects, irrespective of pattern of ownership and purpose";

Part third of Article 48 to add 12) with the paragraph the second the following content:

"Construction of facilities of residential, public appointment and other objects, other economic activity on lands of improving appointment are performed only on condition of observance of the modes of districts and zones of sanitary (mountain and sanitary) protection if such activities are incompatible with protection of natural medical resources and rest of the population";

Part third of Article 52 to add 13) with the second offer of the following content: "On such lands (except the parcels of land of green zones and green plantings of the cities and other settlements, educational and tourist and ecological tracks, the marked routes, the parcels of land occupied with objects of physical culture and sport, other similar objects) the construction according to the existing town-planning documentation of subjects to residential and public appointment which do not break the mode of use of lands of recreational appointment is allowed";

Part the second articles 54 after words of "the historical and cultural reserved territories" to add 14) with words of "objects of cultural world heritage", and after words of "memorial memorial estates" - the words "which are provided and are used for needs of protection of cultural heritage";

Chapter 10 to add 15) with Article 54-1 of the following content:

"Article 54-1. Restrictions in use of lands within the territory of monument of cultural heritage, the historical and cultural reserve, the historical and cultural reserved territory, the protected archaeological territory, the museum under the open sky, the memorial memorial estate, zones of protection, buffer zones, historical areas of the inhabited places, the territories of objects of cultural world heritage

1. For the purpose of protection of cultural heritage on use of lands within the territory of monument of cultural heritage, the historical and cultural reserve, the historical and cultural reserved territory, the protected archaeological territory, the museum under the open sky, the memorial memorial estate, zones of protection, buffer zone, historical area of the inhabited place, the territory of object of cultural world heritage restrictions according to the Law of Ukraine "About protection of cultural heritage" are set.

2. Restrictions in use of lands within the territory of monument of cultural heritage, the historical and cultural reserve, the historical and cultural reserved territory, the protected archaeological territory, the museum under the open sky, the memorial memorial estate, zones of protection, historical area of the inhabited place, buffer zone, the territory of object of cultural world heritage extend to everything the lands located within these territories and objects, irrespective of their purpose. Borders of the territory to which such restrictions extend are determined according to the Law of Ukraine "About protection of cultural heritage" and are specified in documentation on land management, town-planning documentation, the scientific project documentation in the field of protection of cultural heritage. Data on the specified restrictions in use of lands are entered in the State land cadastre.

3. The mode of use of lands within the territory of monument of cultural heritage, the historical and cultural reserve, the historical and cultural reserved territory, the protected archaeological territory, the museum under the open sky, the memorial memorial estate, zones of protection, historical area of the inhabited place, buffer zone, the territory of object of cultural world heritage is determined by the scientific project documentation in the field of protection of cultural heritage, and before approval of such documentation - the Law of Ukraine "About protection of cultural heritage";

16) in Article 61:

the second to add part with the paragraph the ninth the following content:

"In coastal protective strips reconstruction, restoration and capital repairs of the existing objects is allowed";

the first offer of part three after the words "can be operated" to add with the words "and to have the corresponding sidings";

Article 76 to add 17) with part four of the following content:

"4. Linear objects of energy infrastructure can be placed on the parcels of land of all categories of lands without change of their purpose, including under agreements of the servitude";

Part the sixth Article 79-1 to add 18) with paragraphs second and third the following content:

"The Section, consolidation of the parcel of land which is in pledge is performed with the consent of the land user, the pawnbroker. Separation, consolidation of the parcel of land which is in use is performed with the consent of the land user, the pawnbroker. Authenticity of the signature on such consent makes sure notarially.

The parcels of land can be integrated if they have identical purpose. In case of the Section of the parcel of land, consolidation of the parcels of land the created parcels of land keep the purpose";

Parts the third and fourth Article 82 to replace 19) with one part of the following content:

"3. The parcels of land of agricultural purpose inherited by legal entities who according to this Code cannot acquire them in property are subject to alienation within one year";

20) in Article 83:

in word part one of "villages, settlements, the cities" to exclude;

the second to add part with the Item "in" of the following content:

"c) lands and the parcels of land outside settlements which are transferred or passed into utility property from lands of state-owned property according to the law";

Part the second Article 84 to add 21) with the paragraph the second the following content:

"The property right to the parcels of land recognized behind the state the judgment is implemented by executive bodies according to the powers determined by Article 122 of this Code irrespective of body on behalf of which as court such right behind the state is recognized";

22) in Article 93:

in part two of the word of Ukraine and to "foreign legal entities" to exclude;

the fifth to state part in the following edition:

"5. Right to use (lease, emphyteusis) the parcel of land of agricultural purpose can be alienated, be pledged by its user without approval of the owner of such parcel of land, except the cases determined by the law. Alienation, guarantee of right to use by the parcel of land is performed according to written agreements between the user and person for benefit of whom are performed alienation or for benefit of which right to use is pledged. Such agreement is the basis for state registration of transition of right to use according to the procedure, stipulated by the legislation";

the eighth to add part with the words "or persons who use the parcels of land on the emphyteusis right";

Part one of Article 99 to add 23) with the Item "in-4" of the following content:

"in-4) the right of laying and operation of power lines, bonds, pipelines, other linear communications";

Part one of Article 101 to add 24) with the paragraph the second the following content:

"In case of transition of the property right to object of oil and gas production, object of pipeline transport, object of power, transfer of electrical energy for which placement the land easement is established the right of land easement (the right and obligation of person for the benefit of whom the land easement is established) passes to the new owner of such object on the same conditions. In that case declaration of will of the land owner (land user) and introduction of amendments to the agreement on establishment of land easement is not required. The documents confirming acquisition of property right to object for which placement the land easement is established are the basis for state registration of transition of the right of land easement";

25) in Article 102-1:

after part two to add with two new parts of the following content:

"3. The parcel of land which is in lease cannot be transferred by his holder to other person on the right of emphyteusis, superficies.

4. Person using the parcel of land on the emphyteusis right has the right to own and use the parcel of land in full according to the agreement.

Person using the parcel of land on the emphyteusis right can lease it for the term which is not exceeding the term of the agreement of emphyteusis.

By the agreement of emphyteusis the prohibition about transfer emfitenty such parcel of land in lease can be established. Such prohibition is encumbrance of the rights to the parcel of land and is subject to state registration according to the procedure, determined by the law".

With respect thereto speak rapidly third - to consider the eighth respectively parts five - the tenth;

the fifth to state part in the following edition:

"5. Right to use by the parcel of land of the state-owned or utility property for agricultural needs (emphyteusis) or for building (superficies) cannot be alienated by his land user to other persons, is brought in the authorized capital, pledged, except cases of transition of the property right to the real estate unit (the apartment house, other buildings and constructions) or in case the right of emphyteusis, superficies was acquired by the land user at the land biddings";

in part nine:

add with Item 6 of the following content:

"6) by agreement of the parties agreements of emphyteusis, superficies";

add with the paragraph the ninth the following content:

"Right to use by others parcel of land for agricultural needs (emphyteusis) and right to use can be stopped by others parcel of land for building (superficies) which is in pledge (mortgage) on the basis determined by Item 6 of this part only with the consent of the pawnbroker (mortgage holder)";

Article 106 to state 26) in the following edition:

"Article 106. Obligations by determination of general borders

1. The method of fixing of general borders between the parcels of land is determined by the agreement of owners of such parcels of land. Costs for installation of general borders are incurred by owners of the parcels of land in equal parts if other is not established by the agreement between them.

2. Natural or artificial constructions and boundaries (the rivers, streams, channels, forest belts, vegetable strips, trees, roads, ditches, walls, fences, barriers, road constructions, concrete or metal columns, plates, monoliths, stones, other constructions and boundaries) can be land marks which match with border of the parcel of land or are specially established on it. Land marks on water objects are not established.

3. The owner of the parcel of land, the land user has the right to demand from the owner of the next parcel of land of assistance in establishment of general borders, and also establishment or recovery of land marks if they are absent, disappeared, moved or became inexpressive. In case of lack of consent of the owner of the adjacent parcel of land establishment of general borders is performed by a court decision.

4. If borders of the parcels of land in nature (on the area) match with natural or artificial linear constructions, boundaries (the rivers, streams, channels, forest belts, vegetable strips, roads, tracks, ditches, walls, road constructions, fences, fences, facades of buildings and other linear constructions, boundaries, etc.) and earlier established borders of the created parcels of land, land marks can not be established.

5. The location of land marks in case of their determination or establishment is reflected in materials of land management designing and geodetic researches, and also in cadastral plans of the parcels of land.

6. Owners of the parcels of land and land users shall adhere to borders of the parcels of land";

27) in Article 118:

the first and second to state parts in the following edition:

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