The Land Code of Ukraine
Date of Entry into Force:
January 1, 2002
The Land Code of Ukraine regulates public relations regarding owning, use and disposal of land.
The lands of Ukraine include all lands within its territory, as well as islands and lands occupied by water objects, which are divided into the following categories by their purposeful designation:
1. Lands for agricultural use. To this category refer lands allocated for production of agricultural produce, carrying out agricultural scientific research and training activities, placing relevant production infrastructure or designated for these purposes. Such lands may be transferred into ownership or use to citizens, agricultural and non-agricultural enterprises, agricultural scientific and research institutions and educational establishments, rural vocational-technical schools and secondary education schools;
2. Lands for housing and civil building use. To this category refer land plots within settled areas, which are used for placement of housing buildings, public buildings and premises, other objects of common use. These lands shall be used in accordance with the respective general plan of settlement, other city-planning documents, land engineering plan, adhering to the state standards and norms, regional and local building regulations. The citizens of Ukraine may receive in possession (on free of charge basis) or lease land plots for building and service of individual dwelling house, maintenance facilities and garage building;
3. Lands for natural reserve and other environmental protection use. These are plots of dry land and water expanse with natural complexes and objects that have particular nature-protection, ecological, scientific, esthetic, recreational and other value. Lands of natural reserve fund may be in state, communal, and private ownership;
4. Lands for health-improving purpose. These lands include land plots that have natural curative properties, which are used or may be used for preventive treatment or curing people. Activities that conflict with the designated purpose or may negatively affect natural curative properties of the lands shall be prohibited on these lands. With the purpose of most efficient use of curative properties of this type of lands they are divided into districts and zones of sanitary (mountain-sanitary) protection. It is prohibited to transfer land plots into ownership or use to enterprises, institutions, organizations and citizens for activities incompatible with protection of natural curative properties and recreation of the population within the borders of a sanitary (mountain-sanitary) protection zone. Lands for health-improving purpose may be in state, communal and private ownership;
5. Lands for recreational use. These lands include lands used for rest of population, tourism and conducting of sports measures. Lands for recreational use may be in state, communal or private ownership. Activities, which prevent or may prevent use of such lands in accordance with their designated purpose as well as those which negatively affect or may have a negative effect on natural condition of these lands shall be prohibited on lands for recreational use;
6. Lands for historic and cultural use are lands where historic and cultural reserves, museum reserves, memorial parks, memorial (civil and military) cemeteries, ancient settlements, burial mounds, ancient burial grounds, ancient battlefields, ruins of fortresses, ruins of ancient urban planning and building and other settlements, civil and industrial architecture buildings, folk architecture, garden and park complexes, background structures. These lands may be in different ownership forms;
7. Forest fund lands. Lands of forest fund are lands covered with forest vegetation as well as those not covered with forest vegetation, non-forest lands, which have been granted and used for needs of forestry. Procedure for using lands of forest fund shall be determined by separate law;
8. Water fund lands include lands occupied by seas, rivers, lakes, reservoirs, coastal protection strips along water basins, water engineering/hydro-technical and other water management facilities and canals as well as lands demarcated as technological protection strips for them, coastal strips of waterways. There are no imitations as regards to ownership right to water fund lands;
9. Lands for industrial, transportation, communications, energy, defense and other purposes. To these lands refer lands allocated for deployment and operation of primary, subsidiary and auxiliary buildings and structures of industrial, mining, transportation and other enterprises, their driveways, engineering networks, administrative and storing buildings, and other constructions.
All land plots on the territory of Ukraine shall be protected by the state. State control over use and protection of lands shall be carried out by authorized bodies of executive power on land resources and adhering to requirements of legislation on land protection - by the specially authorized bodies on ecology and natural resources issues.
Change of target use of lands shall be performed by bodies of executive power or bodies of local self-government. Change of target use of lands owned by legal entities and natural persons shall be conducted on their initiative.
The Code determines rights and duties of land plots owners. The concept “land plot” shall be understood as a part of land surface with set boundaries and certain location.
Ownership right to land plot shall spread within its boundaries on surface (ground) layer, as well as on water objects, forests and perennial plants located on it, on space over and under plot surface at altitude and depth, necessary for construction of housing, industrial and other buildings and constructions.
Ownership right to land plot shall be acquired on the basis of:
a) civil legal agreement;
b) free of charge transfer from lands of state and communal ownership;
c) privatization of land plots which were allocated in use prior;
e) allocation in form in kind (on land) of due share (pai).
The Code sets some limitations regarding possible ways of land plots acquisition by legal entities, foreigners and stateless persons.
The right to land plot use includes:
- the right to permanent use of land. The rights to permanent use of land plot from state and communal ownership shall acquire enterprises, establishments and organizations which belong to state and communal property as well as public organizations of disabled in Ukraine, their enterprises (associations), establishments and organizations;
- the right to land plot lease. Land plot shall be leased on the basis of agreement. Lease for the term less than 5 years shall be considered short-term and up to 50 years - long-term.
The Code contains rights and duties of land plot owners and users, possible types of limitations of rights to land plot.
Bodies of executive power and local self-government shall not interfere in carrying out authorities regarding owner's right to own, use and dispose of land plot or set not provided for by legislative acts additional duties or limitations without respective decision of court. All disputes arising in the process of owning, use and disposal of land plot shall be settled by courts, bodies of local self-government and bodies of executive power on land resources issues.
The border of district, village, settlement, city or a district within a city is a conventional closed line on the surface of the ground that separates the territory of district, village, settlement city, a district in a city from the other territories. The decision on establishing and changing of borders of:
- districts and cities shall be passed by the Verkhovna Rada of Ukraine upon submission of a petition by the Verkhovna Rada of the Autonomous Republic of Crimea, regional, Kyiv and Sevastopol city councils.
- villages and settlements shall be passed by the Verkhovna Rada of the Autonomous Republic of Crimea, regional, Kyiv and Sevastopol city councils upon a petition from respective district, village and settlement councils.
- districts within a city shall be passed by the city council upon a petition from respective district councils.