The explanation of the Ministry of an agrarian policy of ARK concerning allocation and use of the land lots on which there are long-term plantings is published.
A material for the publication in the newspaper
In connection with the numerous addresses concerning allocation, and also the Ministry of an agrarian policy of the Autonomous Republic Crimea explains uses of the land lots on which there are long-term plantings.
According to Methodical recommendations about a payevaniye of the lands transferred in ownership in common to agricultural enterprises and the organizations, Goskomzem Ukrainy’s approved order from 20.02.1996g. No. 11, and To methodical recommendations about an order of transfer of a ground share (share) in nature from lands of ownership in common to members of collective agricultural enterprises and the organizations, Goskomzem Ukrainy’s approved joint order, Ministry of Agriculture and Food Production of Ukraine and the Ukrainian academy of agrarian sciences from 04.06.1996g. No. 47/172/48, lands under long-term plantings entered into calculation of cost of a ground share (share) and determination of its size in conditional cadastral hectares. These lands aren’t deduced from structure of the farmland and are subject to a payevaniye and allocation according to standards of the above-stated methodical recommendations.
Point 21 Techniques of specification of structure and cost of share funds of property of members of collective agricultural enterprises, including reorganized, approved by the resolution of Cabinet council of Ukraine from 28.02.2001 of No. 177, defined the list of property which isn’t subject to a payevaniye, in particular property which it is not possible to allocate in nature on account of a property share, namely: public roads, capital investments on improvement of lands – meliorative, drying, irrigational and other works, hydraulic engineering constructions, rates, long-term plantings, forest belts, and also objects which are in the general using, and it is transferred to balance to the enterprises to assignees.
According to the aforesaid citizens get the right to a ground share (share) under long-term plantings, as on agricultural holdings, which according to Art. 1 of the Presidential decree of Ukraine from 08.08.95g. No. 720 About an order of a payevaniye of the lands transferred in ownership in common to agricultural enterprises and the organizations are subject to a payevaniye, instead of on long-term plantings, as property.
The contradiction between owners of land and property arises because according to item 2 of Art. 79 of the Land Code of Ukraine from 25.10.2001g. The ownership right on the land lot extends in its borders on a superficial soil layer, and as on the water objects which were on it, the woods and long-term plantings. At the same time, due to the lack legislatively an established order, assignees can’t tell the enterprise from balance to owners of the land lots of the sum of expenses for long-term plantings that generates the conflicts and causes a contradiction of the parties.
The council of ministers of the Autonomous Republic Crimea, the Ministry of an agrarian policy of the Autonomous Republic Crimea repeatedly addressed in Cabinet council of Ukraine, the Ministry of an agrarian policy of Ukraine with a request to settle the matter at legislative level. However so far changes and additions in the legislation it is not brought.
Being guided by the relation current legislation between owners of the land lots and owners of long-term plantings should be settled by the conclusion of civil-law agreements:
– on rent, or on repayment of long-term plantings – the owner of land;
– on a ground lease – the owner of long-term plantings.
In case of impossibility of the solution of the matter by agreement the parties each of them in the right to address in judicial authorities for receiving a final decision of degrees of jurisdiction about an ownership right on property (long-term plantings).
V. Izotov, head of department of settlement of the relations of a property.