The Verkhovna Rada prolonged action of the moratorium on a purchase – agricultural appointment sale of land

The message on acceptance of VR of Ukraine of the Law About modification of the Land code of Ukraine (concerning a ban of sale of land of agricultural purpose before adoption of the relevant acts) according to which the moratorium on agricultural appointment sale of land for commodity agricultural production is prolonged till January 1, 2008 and acceptance of a number of normative legal acts.

On Tuesday, December 19 the Verkhovna Rada of Ukraine passed of the current year as a whole the Law of Ukraine About modification of the Land code of Ukraine (concerning a ban of sale of land of agricultural purpose before adoption of the relevant acts). According to this statutory act,  section X points 14 and 15 Transitional provisions of the Land code of Ukraine are stated in edition, according to which till January 1 2008 godazapreshcheno: introduction of the right to a ground share (share) into authorized capitals of economic societies; purchase and sale of the land lots of agricultural purpose of the state and municipal property; purchase and sale or alienation by a different way of the land lots being in a property of citizens and legal entities for maintaining commodity agricultural production, the land lots allocated in nature (on the district) to owners of ground shares (shares) for maintaining a personal country economy, and also ground shares (shares), except their transfer  by inheritance, an exchange of the land lot for other land lot, according to the law, and withdrawal (repayment) of the land lots for social needs.

Purchase and sale or alienation by a different way of the land lots and the ground shares (shares) specified above, is entered since January 1, 2008 under condition of coming into effect of laws of Ukraine about the state land cadastre and about a rinka of lands, having defined features of a turn of lands of the state and municipal property and lands of commodity agricultural production.

Transactions (including powers of attorney),  the actions of a ban concluded in time for purchase and sale or alienation by a different way of the land lots and the ground shares (shares) defined by subparagraphs "and" and of point 15 of the section X Transitional provisions of the Land code (in edition of the adopted law), regarding their purchase and sale and alienation by different way, and also regarding transfer of rights on alienation of these land lots that ground shares (shares) on the future are void from the moment of their conclusion (certificate).

This Law will come into force after its signing by the President of Ukraine and the publication in official publications.

It is necessary to note that in case of coming into effect of the Law of Ukraine About modification of the Land code of Ukraine (concerning a ban of sale of land of agricultural purpose before adoption of the relevant acts) in stated above edition, the category of lands on which the moratorium on alienation extends will extend – except lands for commodity agricultural production it will be forbidden to sell (to alienate otherwise, except an exchange for other land lot) and the land lots which have been transferred to the possession for maintaining a personal country economy in case their owner has also a ground share (share).

I.Lisova, leading lawyer KGAUKC.