In article the description of the developed organizational and legal situation in Ukraine concerning rent of ground shares is given. The material gives the analysis of the statistical these various regions of Ukraine, in particular AR Crimea, in the sphere of rent of allotments.
For many years bodies of ground resources conduct monitoring of the rent relations on the village. As a result of land reform in Ukraine 217,4 thousand krymchan became owners of certificates on the right to a ground share (share). From them 157,4 thousand already received the state acts on an ownership right on the earth. How new land owners dispose of the property?
Supervision show, what not all peasants can or want to process independently independently the earth received as a result of a payevaniye. Thus pensioners make nearly a half of lessors. Generally they lease it to agricultural producers of various forms of ownership: to collective agricultural enterprises, joint stock companies, cooperatives, country (farmer) farms, and also other enterprises using the earth for agricultural production.
In 2007 citizens concluded 149,7 thousand lease contracts for total amount of a rent of 92,1 million UAH. in a year, having transferred thus 679,2 thousand hectares of lands.
Period of validity of lease contracts of the share earth in most cases doesn’t exceed 5 years. For such short time it is difficult to observe alternation of cultures in crop rotations that negatively influences rational and effective use of lands. Aspire to sign contracts for longer terms the tenants, planning to work at the earth not one year.
The lessor also has the reasons not to risk, handing over the allotments (shares) in rent for long term with the fixed payment as won’t have possibility to change payment further even at its universal actual rise in price. Such picture, unfortunately, is observed as a whole across Ukraine that is an obstacle for capital investments in earth improvement.
As to calculations of tenants with shareholders, for the beginning of the current year krymchane, the leased shares in 2007, received in total 90,6 million UAH., that makes 98,1 % from the total amount added on contracts of a rent. In comparison with other regions of Ukraine it is rather high indicator. By data Goszemagenstva Ukrainy tenants of only Poltava, Kirovograd and Cherkassk areas paid off for 98-100 %. The average value of a payment for 1 hectare in 2007 on AR Crimea made 135,7 UAH. The autonomy entered into ten regions of the country in which the highest rent is paid.
The rent, according to provisions of the Law of Ukraine About a ground lease can be paid in monetary, natural and otrabotochny (rendering of services to the lessor) forms. As shows the analysis, payments are generally made in a natural form, production the price on which exceeds even market prices. It is natural that at the growing prices for the main food, quantity given out as payment for use of shares of agricultural products will decrease.
Besides, not all citizens accept a natural form of payment. For example, left out of borders of the republic of successors of the shareholders living in other regions. Such lessors want to receive a rent in terms of money. And such desire of citizens can be understood. Therefore owners of shares should read attentively conditions of contracts as further to challenge or change conditions possibly only in a judicial order. However, as practice shows, the court refuses to the claimant his claim requirements about change of a form of a rent more often.
Today it is possible to draw a conclusion that as a whole the relations in the rent sphere ground shares far not completely answer expectations lessors, tenants. And it means that the developed organizational and legal situation "resists" to stabilization and activity development in the field of agricultural production.