LAW OF UKRAINE

of July 15, 2021 No. 1657-IX

About modification of some legal acts of Ukraine concerning simplification of the procedure of accession to power networks

The Verkhovna Rada of Ukraine decides:

I. Make changes to the following 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):

Article 3 to add 1) with part three of the following content:

"3. The land relations arising by provision and use of the parcels of land for placement of objects of power, establishment and observance of legal regime of lands of special zones of objects of power including based on agreements on establishment of land easements on such parcels of land, are regulated by this Code, the Law of Ukraine "About lands of power and legal regime of special zones of energy objects";

Part the seventh Article 20 to add 2) with the paragraph of the following content:

"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 (except change of purpose of the parcels of land of forestry and landscape appointment for placement to them linear objects of energy infrastructure) and also changes of purpose of the lands determined by the Item of part one of article 150 of this Code are performed in coordination with the Cabinet of Ministers of Ukraine";

Article 79-1 to add 3) with part fourteen of the following content:

"14. Availability of restrictions in use of lands, including red lines, within the parcel of land created for servicing of the existing real estate object (the building, construction), does not interfere with its forming and determination of its purpose for the needs connected with functioning of the specified object with observance of the set restrictions on use of the parcel of land";

Article 98 to add 4) with part five of the following content:

"5. Provisions of part four of this Article are not applied in case of establishment of land easements on the parcel of land of the state-owned, utility property created according to part three of article 100 of this Code for the purpose of establishment of land easement";

Article 100 to add 5) with part three of the following content:

"3. In case of need establishments of land easement on the lands of the state-owned, utility property which are not created in the parcel of land forming of the parcel of land in borders of the territory to which the right of land easement will extend is allowed";

Article 101 after part one to add 6) with new part of the following content:

"2. The land easement can pass to other persons together with object for which placement it is established, or in the cases determined by the Items "and", "b", "g"," ґ", "д", "е" articles 99 of this Code - in case of transition of the property right, use of the parcel of land, for access, servicing and implementation of other activities concerning which it was established".

With respect thereto the second - the fourth to consider parts respectively parts three - heel;

Part the second Article 120 to add 7) with the paragraph the second the following content:

"In case of acquisition of property right to the real estate unit (the apartment house (except apartment), other building or construction), the object of construction in progress located on the parcel of land which is in lease, in use on the right of emphyteusis, superficies at the alienor (the previous owner) at the same time passes to the acquirer respectively the right of lease, emphyteusis, superficies of the parcel of land on which such object, in amount and on the conditions established for the alienor (the previous owner) of such object except the cases determined by part four of this Article is placed. Declaration of will of the lessor (owner) and modification of lease contracts, emphyteusis, superficies with indication of the new lessee (user) of the parcel of land is not required. In case of acquisition of separate share in the right of common property to the real estate unit (the apartment house (except apartment), other building or construction), object of construction in progress, if such

object is placed on the parcel of land which is in use of the alienor (the previous owner) on the right of lease, emphyteusis, superficies, the acquirer has the right to require modification of the lease agreement, emphyteusis, superficies with determination by his cotenant (sopolzovatel) of the parcel of land, and before introduction of amendments to the relevant agreement shall compensate to the lessee (user) part of the rent (payment for use of the parcel of land) according to the share in the property right to such object which is due to it. The procedure for use of several lessees (land users) of the leased parcel of land (the parcel of land which is in use on the right of emphyteusis, superficies) is in that case determined by the agreement signed between them, or by a court decision";

8) to add with Article 124-1 of the following content:

"Article 124-1. Procedure for establishment of land easements on lands of the state-owned, utility property

1. Person interested in establishment of land easement on lands of the state-owned, utility property addresses with the petition if:

a) the parcel of land is not transferred to use or in case of need establishments of land easement on the lands which are not created in the parcels of land - in executive body, the local government body performing the order the parcel of land of the state-owned, utility property;

b) the parcel of land is in use - in executive body, the local government body performing the order the parcel of land of the state-owned, utility property or the land user.

In the petition the purpose of establishment of land easement shall be specified.

Are applied to the petition:

a) copies of the documents confirming the property right of the applicant to the buildings, constructions located on the parcel of land (in the presence);

b) written approval of the land user (in case of establishment of land easement concerning the created parcel of land which is in use under the contract with the executive body, local government body performing the order the parcel of land of the state-owned, utility property), authenticity of the signature on which makes sure notarially;

c) the draft agreement about establishment of land easement (in case of establishment of land easement concerning the created parcel of land);

d) graphical materials with indication of the approximate location and the area of the parcel of land which is supposed to be created for the purpose of establishment of land easement (in case of need forming of the parcel of land of the state-owned, utility property for the purpose of establishment of land easement);

ґ) technical documentation on land management concerning establishment of borders of part of the parcel of land to which the right of the sublease, the servitude which is developed without receipt of permission to its development extends (in case of establishment of land easement concerning the created parcel of land).

2. In case of need establishments of land easement on the created parcel of land:

person according to the Item "and" of part one of this Article makes the decision on provision of consent to establishment of land easement and provides the conclusion of the agreement on establishment of land easement or provides motivated refusal in its establishment;

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