In the publication the question of construction of houses and economic constructions on the lands which have been transferred to the possession for maintaining commodity agricultural production, and also registration of the ground relations between a farm and its members is considered.
The letter of the State inspectorate for control of use and protection of lands of the State committee of Ukraine on ground resources from 02.03.06 of No. 6-13-312/157
(Extraction)
The land lots to a farm predostavlyayutsya for production of commodity agricultural production, its processing and realization with a view of receiving profit. In the state act on an ownership right its designated purpose is specified the land lot of a farmer hoyozyaystvo or in the state act on an ownership right a nazemelny site of the member of a farmer hozyayyostvo – for images of commodity agricultural production we Report that according to a part 2 of article 5 of the Law of Ukraine About a farm (further – the Law) from 19.06.03 of No. 973-Ivgrazhdane which created a farm, have the right obustroit the habitual residence in that part of a preyodostavlenny farm for maintaining the land lot from which udobyony access to all production objects of a hozyayyostvo is provided. According to the point "g" of a part 1 of article 14 and a part 1 of article 16 of the Law the farm has the right to construct houses, economic buildings and constructions on belonging to it, his members on prave a property the land lots according to approved as documentation on land management and town-planning documentation in the order established by the law.
Concerning a legal order of registration of the relations between a farm as legal liyotsy and members of a farm concerning using the land lots it is informed on the following: according to a part 1 of article 12 of the Law of the earth of a farm can consist of the land lot which belongs on the right of a sobstvenyonost to a farm as legal, to the person; the land lots belonging to citizens – chlenam a farm on the right of a private sobstvenyonost; the land lot which is used by a feryomersky economy under lease.
Regarding 2 articles 12 of the Law it is specified that the right the vladeyoniya and usings the land lots which are in a property of members of a farmer hoyozyaystvo, carries out a farm.
Members of a farm can determine on a contractual basis an order of using by the land lots, in particular by the conclusion of the contract on joint activity or the lease contract of zemelyyony sites between members of a farm and a farm in the person of his chairman.
Chief of inspection And. NECHIPORENKO