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LAW OF UKRAINE

of March 25, 2025 No. 4321-IX

About modification of some legal acts of Ukraine concerning use of the parcels of land for development of digital infrastructure

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 20 part seven:

in paragraph four of the word "are removed from structure of such categories" shall be replaced with words and in figures "are removed from structure of such categories (except change of purpose of the parcels of land of forestry and landscape appointment for placement of linear objects of energy infrastructure, pipelines, other linear communications, for expansion, operation of electronic communication networks on such parcels of land by the area to hectare 0,05)";

the fifth to exclude the paragraph;

In paragraph one of part seven of Article 37-1 of the word "in permanent use to the state or utility specialized enterprises or" to exclude 2);

3) in Article 75:

in part one of the word "for arrangement of infrastructure of electronic communication networks" shall be replaced with words "for expansion, operation of electronic communication networks";

in part five of the word "are entered in the state register of suppliers of electronic communication networks and/or services" shall be replaced with words "words "for laying underground of electronic communication networks and/or elimination of their damages" - the words "for expansion, operation of electronic communication networks" are entered in the register of suppliers of electronic communication networks and services", and;

Part the second Article 84 to add 4) with the new paragraph of the following content:

"The property right to the parcels of land alienated in state-owned property according to the law is implemented by executive bodies according to the powers determined by Article 122 of this Code irrespective of body on behalf of which the right of state-owned property is registered";

Part the second Article 98 to add 5) with the new paragraph of the following content:

"Effective period of land easement for expansion, operation of electronic communication networks on lands of the state-owned or utility property cannot be less than five years (if servituariya does not initiate establishment of smaller term) and there cannot be more than the term to which such parcel of land is transferred to use to the land user";

6) in Article 99:

in the Item "in-4" of the word of "electronic communication networks" to exclude;

add with the Item "in-5" of the following content:

"in-5) the right to expansion, operation of electronic communication networks";

Article 100 After part two to add 7) with new part of the following content:

"3. Essential terms of the contract about establishment of land easement are:

the amount is right servituariya concerning use of the parcel of land (its part);

cadastral number of the parcel of land concerning which the land easement is established;

the size and procedure for introduction of payment for installation of the servitude (except cases of installation of the free servitude);

servitude effective period".

With respect thereto the third or fifth to consider parts respectively parts of the fourth or sixth;

To add Article 102 with part three of the following content:

"3. The servitude is terminated in case of compulsory acquisition of the parcel of land according to article 14-1 of the Law of Ukraine "About transfer, compulsory acquisition or withdrawal of property in the conditions of legal regime of warlike or emergency state". State registration of the termination of the property right to such parcel of land is the basis for state registration of the termination of the right of the servitude established concerning such parcel of land";

9) in Article 102-1 part nine:

add with Item 7 of the following content:

"7) compulsory acquisition of the parcel of land according to article 14-1 of the Law of Ukraine "About transfer, compulsory acquisition or withdrawal of property in the conditions of legal regime of warlike or emergency state";

add with the new paragraph of the following content:

"State registration of the termination of the property right to the parcel of land, compulsorily aloof according to article 14-1 of the Law of Ukraine "About transfer, compulsory acquisition or withdrawal of property in the conditions of legal regime of warlike or emergency state", is the basis for state registration of the termination of the rights of emphyteusis, superficies established concerning such parcel of land";

Part the fifth Article 122 to add 10) with the new paragraph of the following content:

"The Transcarpathian regional public administration transfers to use the parcels of land acquired in state-owned property according to article 14-1 of the Law of Ukraine "About transfer, compulsory acquisition or withdrawal of property in the conditions of legal regime of warlike or emergency state";

Part third of Article 123 to add 11) with the new paragraph of the following content:

"Consideration of the application about provision of permission to development of documentation on land management for the purpose of transfer of the parcel of land to use for placement of linear objects of energy infrastructure, pipelines, other linear communications or the statement for provision of permission to development of documentation on land management for the purpose of transfer of the parcel of land to use for expansion, the operation of electronic communication networks provided by the supplier of electronic communication networks and/or services who according to the Law of Ukraine "About electronic communications" is entered in the register of suppliers of electronic communication networks and services and decision making about provision of the corresponding permission or provision of motivated refusal in its provision is performed by relevant organ of the executive authority or local government body within 14 days from the date of registration of the corresponding statement";

Part the second Article 124-1 to add 12) with the new paragraph of the following content:

"In case of filing of application about provision of consent to establishment of land easement for placement of linear objects of energy infrastructure, pipelines, other linear communications, or filing of application about provision of consent to establishment of land easement for expansion, the operation of electronic communication networks given the supplier of electronic communication networks and/or services who according to the Law of Ukraine "About electronic communications" is entered in the register of suppliers of electronic communication networks and services decision making about provision of consent to establishment of land easement, providing the conclusion of the agreement on establishment of land easement or provision of motivated refusal in establishment of land easement is performed within 14 days from the date of registration of such statement";

The thirteenth parts two of Article 134 of the word of "objects of communication and road economy" shall be replaced with words 13) in the paragraph "electronic communication networks and objects of road economy";

Item 3 parts five of Article 186 to add 14) with the new paragraph of the following content:

"Technical documentation on land management concerning inventory count of lands which is developed for the purpose of entering into the State land cadastre of data on the parcels of land which are compulsorily alienated according to article 14-1 of the Law of Ukraine "About transfer, compulsory acquisition or withdrawal of property in the conditions of legal regime of warlike or emergency state" is not subject to approval and affirms the Transcarpathian regional public administration";

15) in the Section X "Transitional provisions":

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