Consultation on rent by the enterprise of the land lots provided by the individual for maintaining LPH, on the basis of contracts.
The agricultural enterprise decided to rent the land lots provided to individuals for maintaining a personal part-time farm, on the basis of contracts. However the department of ground resources refused to register such contracts.
Whether such refusal is lawful? How to leave current situation?
Yes, refusal in registration of contracts is lawful.
Owners of the land lots are obliged obespechivat use of such sites on a target nayoznacheniye (to item 1 p.1 by Art. 91 of the Land code). In a nayoshy situation the land lots are transferred in a sobyostvennost of citizens for maintaining a personal part-time farm therefore such lands can’t ispolzovatsya in other purposes, in particular for maintaining tovaryony agricultural production which carries out the enterprise tenant.
To transfer the land lots in rent a selkhozpredyopriyatiya it is possible only in case of change of their designated purpose specified in the state acts an ownership right on the earth.
Such change of a designated purpose, according to Poyoryadk No. 502 *, is carried out according to the statement (hodatayyostvo) of the citizen – the owner ground uchastka, submitted to local council (if a site naxoditsya within the settlement) or the district state administration (if the site is located for predelami the settlement).
* the Order of change of a designated purpose of lands, naxodyashhixsya in a property of citizens or legal entities, utverzhden the resolution KMU from 11.04.02 of No. 502.
(On Balans-Agro newspaper materials)