The letter of the State inspectorate for control of use and protection of lands from 22.03.06 concerning alienation of the land lots or ground shares (shares) is published. It is a question of invalidity of transactions on alienation of the land lots of the agricultural appointment concluded on a future tense.
CONCERNING ALIENATION of the LAND LOTS OR GROUND SHARES (SHARES)
The letter of the State inspectorate for control of use and protection of lands of the State committee of Ukraine on ground resources from 22.03.06 of No. 6-8-447/257
(Extraction)
<…> the law of Ukraine from 09.02.06 g, No. 3415-IV0 About modification of Ukraiyona’s Land code section X-th point 15 Transitional is put / I by Zeyomelnogo of the code of Ukraine added paragraphs of the sleduyoyushchy contents; Agreements (including doveyorennost), the actions of a ban concluded in time for alienation of the land lots and ground doyoly (shares), established by the paragraph the first nastoyayoshchy point, regarding alienation of the specified sites and ground shares (shares), and also regarding transfer of rights on alienation of the specified sites and ground shares (shares) on the future are nedejstvitelnymi from the moment of their conclusion (certificate)".
By part of the second article 215 of the Civil code of Ukyoraina it is defined that the transaction if its invalidity is established zayokony (the insignificant transaction) is void. In this case recognition of such transaction void court isn’t required.
At implementation of the state control of use and protection of lands, in a case a vyyavleyoniya of the agreements, which invalidity ustanovlena the specified Law, materials of checks to send to bodies of prosecutor’s office for acceptance of the appropriate measures of public prosecutor’s reaction otyonositelno persons who made illegal actions (inaction), having signed agreements otnoyositelno alienations of the land lots or lands shares (shares) or the agreement on alienation of ukayozanny objects on the future.
Besides, the person who after coming into effect of the vyyosheukazanny Law uses the land lot acquired during action of a ban, ustanovlenyony the paragraph the first section X-th point 15 Transitional provisions of the Land code of Ukraine (regarding an otyochuzhdeniye of the land lots), is considered using it autocratically. Therefore is subject to the administrative responsibility provided by article 53 of the Code of Ukraine about administrative offenses.
Chief of inspection And. NECHIPORENKO
FROM EDITION
1 It is published in the Balans-Agro newspaper, 2005, No. 5. 2 we Bring contents of article 531 of the Code of Ukrayoina about administrative offenses of No. of the 8073rd from 07.12.84 into editions of or23.02.06 of: Article 531. Autocratic occupation of the land lot
Autocratic occupation of the land lot – attracts for soyoby penalty imposing on citizens from one to ten not taxable minima of the income of citizens and on officials – from eight to fifteen not taxable minima of the income of citizens.