Article explains procedure of obtaining the state act on an ownership right on a ground share (share) in nature (on the district).
Reorganization 2002
Features of procedure of obtaining the state act on an ownership right on a ground share (share) in nature (on the district)
The owner of the land lot, unlike the owner ground ate up (share), has more possibilities and the rights. First, the owner of a zemelyyony site precisely knows mestonakhozhdeyony a site, its size, secondly, mozhet transfer the land lot in rent, thirdly, can to conduct samostoyatelyyono a personal country or feryomersky economy. Besides, it uveren in what this concrete land lot or its part will be received by his successors.
The specified allows to draw a conclusion on need and expediency of the following procedure. So, procedure of a poyolucheniye of the state act on an ownership right on a ground share (share) includes the following stages.
1. The stage of initiation of procedure of privatization consists in the appeal to the relevant village, poselyokovy city council or regional public administration with statements for allocation by it ground doyoly (shares) in nature (on the district).
2. Making decision on development of the project of land management on the organization of territories of ground shares (shares) in case of submission of statements for allocation of ground shares (shares) in nature (on the district) the majority of vlayodelets of ground shares (shares) within one agricultural enterprise.
3. Development of the project of land management concerning the organization of the territory of ground shares (shares) the state and other zemleustroitelny organizayotsiya licensed in ustanovlenyony by the legislation an order.
4. The village, settlement, city council or a regional state adyoministratsiya coordinate the zemyoleustroystvo project concerning the organization of the territory of ground shares (shares).
5. Meeting of owners of ground shares (shares) by the majority golosov approves the land management project concerning the organization of a territoyoriya of ground shares (shares) and oformlyaet it is the protocol. Before carrying out a soyobraniye of owners of ground shares (shares) it is necessary for citizens to consider the purpose of use of the land lot. Namely: applicants want messages an economy on the land lots or namereny to lease their opredelenyony agricultural a predpriyoyatiya or to a farm. It will allow the persons having the right to a vyyodeleniye by it in nature (on the district) two or more ground shares (shares) from zemel, being in using odno
go agricultural enterprise to allocate the land lots with the uniform massif.
6. Distribution by village, poselyokovy, city council or rayonyony public administration of the land lots within one-its agricultural enterprise between the owners of the ground shares (shares) who have put in statements for a vydeyoleniye of ought to them of ground by doyoly (shares) in nature (on the district). Such distribution occurs according to the land management project concerning the organization of the territory ground doyoly (shares) at meeting of owners of ground shares (shares) in a consent not less than two thirds of owners of ground shares (shares), at their absence – by lot. This procedure oformlyaetsya the protocol (the resolution of Cabinet council of Ukraine About an oryoganizatsiya of works and a technique a raspredeleyoniya of the land lots between owners of ground shares (shares) No. 122 from February 4, 2004):
The secretary of meeting of owners of ground shares (shares) in two-day term after the completion of meeting dolzhen to transfer to village, settlement, city council or regional public administration a package of the provided documents. It is the protocol, podpisanyony owners of ground shares (shares) or their representatives, prinyavyoshy participation in distribution of zemelyyony sites, the chairman of meeting, and also the secretary of meeting; the list of a reyogistratsiya of owners ground doyoly (shares) or their representatives, priyonyavshy participation in distribution of zeyomelny sites with the indication of numbers chosen by them of sites agrees proektu, certified by their signatures; the scheme of an arrangement of the land lots according to the project with the indication of numbers of the land lots and numbers of their vlayodelets (according to the list).
7. The village, settlement, city council or the district state administration in dvukhyodnevny term should proinformirovat citizens about results a raspredeleyoniya, in particular, placement in an obshcheyodostupny place in the settlement of the scheme of an arrangement ground uchastkov with the indication of numbers of the land lots and numbers of their owners according to the list for acquaintance of citizens with it in 10-day term (point 10 of the Order of the organization of works and a technique of a raspreyodeleniye of the land lots between sobyostvennik of ground shares (shares)).
It is necessary to note that in 10 days prior to distribution in the same way oglashayutsya lists of the persons having pravo on receiving a ground share (share) in nature. Throughout it vremeni everyone has the right to familiarize with materials on the distribution organization, to solve controversial questions which can arise at a raspredeyoleniye of the land lots. In a sootvetyostviye with point 11 of the specified Order village, settlement, city council or the district state administration on a protyazheyoniya of 5 days after acquaintance of an obshcheyostvennost with results the raspredeleyoniya takes measures on okonchatelnomu to its coordination according to the submitted demands and approves the meeting protocol taking into account the brought changes. And also charges to Goskomzem’s territorial body together with the zemleustroitelny organization obespechit the organization of works with establishment of the land lots in nature (on the district) and drawing up of the state acts on an ownership right on the land lots (on the basis of soyootvetstvuyushchy contracts).
8. The approval of the protocol on a raspreyodeleniye of the land lots between sobyostvennik of ground shares (shares) soyootvetstvuyushchy village, settlement, city council or the district state administration.
9. Issue of the state acts on an ownership right on a ground uchasyotok to applicants, which predshestvuet decision-making corresponding rural, settlement, city soveyoty or the district state administration.
10. Establishment of borders of the land lot in nature (on the district). Other procedural moments are tipichyony for usual privatization procedure of the land lots. It is necessary to note that after delivery to the citizen of the state act on the right of private ownership to the land lot the certificate on the right to a ground share (share) should be returned in regional public administration.
11. It is necessary to know that the gosudarstvenyony act is necessary for receiving personally in local council as a posledyony stage of procedure is podpis future owner of land in the speyotsialny Blotter of registration of the state acts on the right of a sobyostvennost to the earth, the rights postoyannogo usings earth, earth lease contracts.
Thus, having passed all stages of procedure of privatization zemelnogo a site, the applicant receives the state act on an ownership right on the land lot and according to the current legislation becomes the full owner of land.
On newspaper materials Legal practice.