Ownership right registration on the land lots

Goskomzem Ukrainy’s explanation concerning obtaining the act of an ownership right on the land lots under the acquired real estate is printed.

The agricultural enterprise – the assignee of the former KSP – redeemed from individuals (the former members of KSP) fast estate on the basis of purchase and sale contracts. Earth under such buildings wasn’t in a property of individuals. Who should issue to agricultural enterprise the act of an ownership right on the land lots under the acquired real estate? What mechanism of registration of an ownership right on such land lots?

To the person which has got a house, a building or a sooruyozheniye, passes an ownership right to the land lot on which they are placed (item 1 of Art. 120 of Zeyomelnogo of the code of Ukraine from 25.10.01 of No. 2768-III). However such ownership right is necessary for issuing dokuyomentalno.

The order of registration (renewal) of the right of a sobyostvennost on the land lots being under acquired real estate objects, depends on they were in what property (order).

If the land lots were in KSP property, which assignee is selkhozyopredpriyaty (i.e. the state act on the right of ownership in common to the earth), that, according to h was issued. 5 Art. 59 of the Economic code of Ukraine, during reorganization to again created enterprise (assignee) pass all rights and duties of the former KSP, including the right to the land lots. The basis for ownership right renewal on the land lots in that case is the solution of general meeting of co-owners of these sites (Instruction item 43 about an order of commission of notayorialny actions by notaries of Ukraine approved by the order of Ministry of Justice of Ukraine from 03.03.04 of No. 20/5).

If at a payevaniye of lands of KSP general meeting made the decision on transfer of the land lots to lands of a stock, before delimitation of lands of a gosudaryostvenny and municipal property of power according to the order lands within occupied punk­tov carry out the relevant village, poselyokovy, city councils, and outside of settlements – appropriate bodies of the executive authority (item 12 of section X-th of the Land code of Ukraine from 25.10.01 of No. 2768-III).

In that case, according to Art. 128 of the Land code, the agricultural enterprise having intention to get the land lots, being under kuplenyony it real estate objects, it is necessary to submit the application (petition) to appropriate body of the executive authority or a local samoyoupravleniye.

The body to which the application is submitted, should in meyosyachny term consider and make of it the decision on sale of the land lot or refusal on sale with the indication of the reasons of such refusal. The decision of sootvetyostvuyushchy authority on sale of the land lots is the basis for the conclusion of the contract of purchase and sale of these sites between tayoky body and agricultural enterprise. This contract is subject to an obligatory notarial udostoveyoreniye. Cost of the land lots is determined by the Technique of an expert monetary assessment of zemelyyony sites approved by the resolution KMU from 11.10.02 of No. 1531.

The document on payment of cost of the land lot according to the contract of purchase and sale is an osnoyovaniye for issue of the state act on an ownership right on such site and its state registration.

Filling of the state acts on the right of a sobyostvennost to the land lot and to the right of postoyoyanny using the land lot is assigned to the Center of the state land cadastre at Goskomzema Ukrainy, the regional, regional and city centers of the state land cadastre both their structural divisions and other zemleustroitelny enterprises and the organizations (Instruction item 2.9 about an order of drawing up, delivery, a reyogistratsiya and storage of the state acts on an ownership right on the land lot and the right of postoyoyanny using by the land lot and lease contracts of the earth approved by the order of Goskomzem Ukrainy from 04.05.99 of No. 43).

And. XARCHENKO, the head of department of representation in vessels and other bodies of Legal management of the State committee of Ukraine on ground resources.